Difference between revisions of "Not Known Details About Lawyer In Chandigarh"

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The original Court made no complaint; section 476-A of the Criminal Procedure Code was therefore attracted and the jurisdiction to make the complaint was transferred to the Court to which Mr. 10(2) (xi) of the Indian Income-tax Act. Barlow's Court was subordinate within the meaning of section 195. Held, that the debt in question could not be considered a debt in respect of the. When power is granted to an authority to be exercised at his discretion, it is necessarily implicit in the grant that he may exercise it in such manner as the circumstances might warrant.<br><br>On this question, there has been a sharp conflict of opinion among different High Courts and even among different Benches of the same High Court. Stated succinctly, section 30 confers a right of appeal on the assessee, section 31 provides for the hearing and disposal of the appeal, and section 33 confers a right of further appeal against orders passed under section 31, Now, on these provisions the question is whether an order dismissing an appeal presented under section 30 as out of time is one under section 30(2) or under section 31 of the Act.<br><br>Appeal by special leave from the judgment and order dated the 7th  Advocates ([https://lexlords.com/restitution-of-conjugal-rights/ get more info]) June 1954  Advocates ([https://lexlords.com/problems-in-nri-marriages/ they said]) of the Punjab High Court at Simla in Criminal Revision No. M/s Sciemed Overseas Inc. business of the assesses who was not a person carrying on a business of standing surety for other persons and that, in any event, -the loss suffered by reason of having to pay a debt borrowed for the benefit of another would be a capital loss and not a business loss and was not an allowable deduction under s.<br><br>5 I was repeatedly informed that the delay in the execution of the work has occasioned primarily due to repeated thefts of the costly Copper pipes, whitewashing and distemper work underway in the RIMS and also the operational and practical difficulties in installation in the ICUs, OTs, Labour Rooms in the Gynae Department which had to be vacated by the hospital authorities completely after much persuasion, before any installation could be carried out.<br><br>If the abovementioned ingredients are attracted in view of the special provision, the court shall presume and it shall record such fact as proved unless and until it is disproved by the accused. However, it is open to the accused to adduce such evidence for disproving such compulsory presumption as the burden is unmistakably on him to do so and he can discharge such burden by getting an answer through cross-examination of the prosecution witnesses or by adducing evidence on the defence side.<br><br>The Bombay High Court has held that when an appeal is presented out of time, and there is no order of condonation of delay under section 30(2), there is, in law, no appeal before the Appellate Assistant Commissioner, and that an order by him rejecting the appeal does not fall within section 31 and is not appealable: Commissioner of Income-tax v. I also found that a separate 3-Phase Electric Supply System for commissioning of the project has not yet been installed and is reportedly in the process.<br><br>And if the Appellate Assistant Commissioner has a discretion to excuse the delay, he has also a discretion in appropriate cases to decline to do so. That Court, as we have seen, was the Court of the District Judge. The position thus reduces itself to this. Mysore Iron and Steel Works(1) and K. on the contrary, the whole trend of the Constitution points the other way If an executive authority or a quasi judicial body, or even Parliament itself, were to be given the right to determine these matters to their subjective satisfaction, there would be no point in these fundamental rights, for the courts would then be powerless to interfere and determine whether those rights have been infringed.<br><br>We find it difficult to accede to this contention. Commissioner of Income-tax(2); but that if the appeal is admitted after an order of condonation is made under section 30(2), an order subsequently passed dismissing it on the ground of limitation would be one under section 31 and would be appealable under section 33 and the result will be the same even when the appeal is admitted without (1) . If it is the former, there is no appeal provided against it; if it is the latter, it is open to appeal under section 33.<br><br>The whole point of the chapter is to place a limitation on the powers of all these bodies, including Parliament, save in its constituent capacity. On the part of the Contractor i. We are therefore of opinion that the refusal to excuse delay is an order under section 30(2. Therefore, no power resting on the subjective satis- 287 faction of any of these bodies can ever be conferred; the satisfaction must always be objective in the sense in which Lord Atkin explained so that its Advocates, [http://nrilegalservices.me/how-can-nri-make-the-right-property-investment/ get more info], exercise is open to judicial review.<br><br>985 of 1953 arising out of the judgment and order dated the 9th May 1953 of the Court of the Additional District Judge, Ambala. When the above ingredients are established by reliable and acceptable evidence, such death shall be called dowry death and such husband  Advocates ([http://nrilegalservices.me/do-nri-have-any-human-rights-in-india/ get more info]) or his relatives shall be deemed to have caused her death. I was informed by the hospital authorities that the 3- Phase electricity connection is to be supplied by the hospital authorities and are not required under the tender conditions  Advocates [[http://nriillegalservices.com get more info]] or work order to be done on the part of the Contractor i.
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The contention now has narrowed down to this that the notice having been headed as under s. " What exactly is meant thereby is somewhat obscure. There is nothing in these two clauses to limit, in any way, the unqualified right that she was given under cl. 299 of the Act, the conviction under s. 1,00,000 and advanced a loan of Rs. 10/3 and that in default, the provisions of the above Act will be enforced. The sanction under the Act is not intended to be nor is an automatic formality and it is essential that the provisions in regard to sanction should be observed with complete strictness; Basque Agarwala v.<br><br> " We are unable to accept the argument that the proviso to s. 2002 passed an injunction against the respondent/complainant. He produced a pistol Ex. It is no -more in controversy, as found by the courts below, that the offending part of the structure comes under s. In his note dated 13-8-1915 Mr. "Take notice that you are hereby required by the Municipal Commissioners of Howrah, within 779 thirty days from the date of service of this notice to remove the encroachment caused by a compound wall measuring 57'-0" x 3'-0" upon Swarnamoyee Road attached to premises No.<br><br> 9 lakhs without interest, and that it was therefore just that the period of license should be extended so as to enable them to carry out their venture. 13 and its proviso contain no words of limitation or qualification upon the power of the Appellate Assistant Commissioner in enhancing the assessment or setting aside the assessment and directing a fresh assessment to be made by the Income-tax Officer.<br><br> As observed by Chagla C. In our opinion, this argument has only to be stated to be rejected. 2006 directing for further investigation. Hence, the label given to the notice makes all the difference between a requisition 'lawfully made' and a requisition not so made. (c), (d) and (e) together. Lister, the Deputy Commissioner, considered that this stand was "justifiable", and on 21-6-1916 he forwarded the proposal to the Commissioner observing that "extension. , Shri Badan Singh was before the Chief Judicial Magistrate and also no other ground has been taken in the Revision, hence there is no ground to interfere in the disputed order.<br><br>Since at the time of passing the aforesaid order the further investigation conducted by the S. " This notice is headed as under s. Order passed by the Hon'ble High Court, Allahabad dated 18. In sending this application on to the Board of Revenue on 26-6-1916, the Commissioner endorsed this opinion, 347 and also added that the extension would be in the interests of the public and of the State. District Court, Lucknow Court by its order dated 15.<br><br> Narrondas Manordass Bombay v. 2006 (18-B/51) was made available by which during the investigation the arrest of the revisionists were stayed by the Hon'ble High Court, Allahabad therefore the accused/revisionists are not adversely affected by the disputed order dated 06. Commissioner of Income-tax (1), the language is wide enough to enable the Appellate Assistant Commissioner to " correct the Income-tax Officer not only with regard to a matter which has been raised by the assessee but also with regard to a matter which has been considered by the income-tax Officer and determined in the course of the assessment.<br><br>13 imposes a limitation on the powers of the Appellate Assistant Commissioner under s. Clauses (d) and (e) give her a liberty or option to pursue 85 the remedies specified therein. We are, therefore, of the opinion that the contention raised to the effect that the personal remedy is not available in this case before exhausting the charged properties, is not sustainable. Dealing with the powers of the Appellate Assistant Commissioner Chagla C. 300 which refers to a wall, etc.<br><br>III from his house in circumstances which clearly showed that he only could have known of its existence there. The object of the provision for sanctions is that the authority giving the sanction should be able to consider for itself tile evidence before it comes to a conclusion that the prosecution in the circumstances be sanctioned  Advocates ([http://lawyerchandigarh.com/ browse around this website]) or forbidden. Our attention is drawn to the statement in cl. But we are unable to see how that clause affects the intention which, in our view, Advocates ([https://lexlords.com/objections-jurisdiction-nri-property-case/ browse around this website]) has to be gathered by reading cls.<br><br>This order was also made available in form of 18-B/37 and 39. According to this argument, the requisition would have been 'lawfully made', if the notice had been headed as under s. , not being a portion of a building or fixture, as contemplated in s.  Advocates - [http://lexlords.in/rent-arrears-recovery/ read what he said], On these facts, it is argued that the Court of Wards had throughout been considering the proposal from the point of view of Messrs Bird and Co. in view of their previous services to the estate, that was not a ground on which the Court of Wards standing in the position of trustee to the ward could legally bind his estate, as it Advocates ([http://lexlords.in/property-and-insolvency/ browse around this website]) did by the deed dated 23-11-1917.<br><br>(j) which says that " each of the terms stated is a consideration for the other terms. The appellant was arrested fourteen miles away from his village which is the place of occurrence. of the period could 'not equitably be refused". in Narrondas's case (1) said: Lastly, it seems to us clear that the answer to the question is provided by the language of s. No doubt, the two sections must be read harmoniously; but s.<br><br>300 is illegal, because, it is further argued, the requisition had not been 'lawfully made'. , and also from the point of view of the State, but that the interests of the minor ward did not as such figure directly and prominently in judging of the propriety of the transaction, and that however equitable it might be to show concessions to Messrs Bird and Co.

Latest revision as of 15:19, 29 October 2018

The contention now has narrowed down to this that the notice having been headed as under s. " What exactly is meant thereby is somewhat obscure. There is nothing in these two clauses to limit, in any way, the unqualified right that she was given under cl. 299 of the Act, the conviction under s. 1,00,000 and advanced a loan of Rs. 10/3 and that in default, the provisions of the above Act will be enforced. The sanction under the Act is not intended to be nor is an automatic formality and it is essential that the provisions in regard to sanction should be observed with complete strictness; Basque Agarwala v.

" We are unable to accept the argument that the proviso to s. 2002 passed an injunction against the respondent/complainant. He produced a pistol Ex. It is no -more in controversy, as found by the courts below, that the offending part of the structure comes under s. In his note dated 13-8-1915 Mr. "Take notice that you are hereby required by the Municipal Commissioners of Howrah, within 779 thirty days from the date of service of this notice to remove the encroachment caused by a compound wall measuring 57'-0" x 3'-0" upon Swarnamoyee Road attached to premises No.

9 lakhs without interest, and that it was therefore just that the period of license should be extended so as to enable them to carry out their venture. 13 and its proviso contain no words of limitation or qualification upon the power of the Appellate Assistant Commissioner in enhancing the assessment or setting aside the assessment and directing a fresh assessment to be made by the Income-tax Officer.

As observed by Chagla C. In our opinion, this argument has only to be stated to be rejected. 2006 directing for further investigation. Hence, the label given to the notice makes all the difference between a requisition 'lawfully made' and a requisition not so made. (c), (d) and (e) together. Lister, the Deputy Commissioner, considered that this stand was "justifiable", and on 21-6-1916 he forwarded the proposal to the Commissioner observing that "extension. , Shri Badan Singh was before the Chief Judicial Magistrate and also no other ground has been taken in the Revision, hence there is no ground to interfere in the disputed order.

Since at the time of passing the aforesaid order the further investigation conducted by the S. " This notice is headed as under s. Order passed by the Hon'ble High Court, Allahabad dated 18. In sending this application on to the Board of Revenue on 26-6-1916, the Commissioner endorsed this opinion, 347 and also added that the extension would be in the interests of the public and of the State. District Court, Lucknow Court by its order dated 15.

Narrondas Manordass Bombay v. 2006 (18-B/51) was made available by which during the investigation the arrest of the revisionists were stayed by the Hon'ble High Court, Allahabad therefore the accused/revisionists are not adversely affected by the disputed order dated 06. Commissioner of Income-tax (1), the language is wide enough to enable the Appellate Assistant Commissioner to " correct the Income-tax Officer not only with regard to a matter which has been raised by the assessee but also with regard to a matter which has been considered by the income-tax Officer and determined in the course of the assessment.

13 imposes a limitation on the powers of the Appellate Assistant Commissioner under s. Clauses (d) and (e) give her a liberty or option to pursue 85 the remedies specified therein. We are, therefore, of the opinion that the contention raised to the effect that the personal remedy is not available in this case before exhausting the charged properties, is not sustainable. Dealing with the powers of the Appellate Assistant Commissioner Chagla C. 300 which refers to a wall, etc.

III from his house in circumstances which clearly showed that he only could have known of its existence there. The object of the provision for sanctions is that the authority giving the sanction should be able to consider for itself tile evidence before it comes to a conclusion that the prosecution in the circumstances be sanctioned Advocates (browse around this website) or forbidden. Our attention is drawn to the statement in cl. But we are unable to see how that clause affects the intention which, in our view, Advocates (browse around this website) has to be gathered by reading cls.

This order was also made available in form of 18-B/37 and 39. According to this argument, the requisition would have been 'lawfully made', if the notice had been headed as under s. , not being a portion of a building or fixture, as contemplated in s. Advocates - read what he said, On these facts, it is argued that the Court of Wards had throughout been considering the proposal from the point of view of Messrs Bird and Co. in view of their previous services to the estate, that was not a ground on which the Court of Wards standing in the position of trustee to the ward could legally bind his estate, as it Advocates (browse around this website) did by the deed dated 23-11-1917.

(j) which says that " each of the terms stated is a consideration for the other terms. The appellant was arrested fourteen miles away from his village which is the place of occurrence. of the period could 'not equitably be refused". in Narrondas's case (1) said: Lastly, it seems to us clear that the answer to the question is provided by the language of s. No doubt, the two sections must be read harmoniously; but s.

300 is illegal, because, it is further argued, the requisition had not been 'lawfully made'. , and also from the point of view of the State, but that the interests of the minor ward did not as such figure directly and prominently in judging of the propriety of the transaction, and that however equitable it might be to show concessions to Messrs Bird and Co.

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