Difference between revisions of "Lawyer In Chandigarh - An Overview"

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Kaul has placed reliance on Haradhan Saha v. 1978 stands settled by the decisions in Lakshmana Gowda (supra) and Syed Bhasheer Ahamed (supra). It is his further submission that the detenu has no vested right neither under Article 22(5) of the Constitution nor under Section 3(1) and (3) of the COFEPOSA Act to assert that unless the order rejecting the representation itself is communicated there is a procedural irregularity which invalidates the detention.<br><br>State of Kerala[5], but the High Court by the impugned order placed reliance on the earlier view. Reliance herein is placed on the following Coal Limited the law laid down by this Court in respect of Articles 25 and 26 till date and particularly the efficacy of the Agamas the Constitution Bench came to the following conclusion. Emphasis has to be on the satisfaction of the competent authority which is demonstrable from the file and that would suffice the legal requirement.<br><br>The legislation in this respect, as we have shown, does not interfere with any religious practice or matter of religion and, therefore, is not invalid. Bhat, learned Advocate for the respondents and have gone through the record and considered the rival submissions. To bolster the aforesaid submissions, Mr. Upon a consideration of the various earlier decisions of this Court specifically referred to in Adithayan (supra), details of which need not again be noticed herein (such details are being separately noticed later, though in a different context) including the decision in Seshammal (supra) it was held that rights claimed solely on the basis of caste cannot enjoy the protection of Article 25 and 26 and no earlier decision of this Court including Seshammal (supra) would support the contention that even duly qualified persons can be barred from performing Poojas on the sole ground that such a person is not a Brahmin by birth or pedigree.<br><br>In the present case the amendment of Section 55 of the Tamil Nadu Act as made by Ordinance No. In view of sub-section (2) of Section 55, as it now stands amended, the choice of the trustee in the matter of appointment of an Archaka is no longer limited by the operation of the rule of next-in-line of succession in temples where the usage was to appoint the Archaka on the hereditary principle. Elaborating further, it is put forth by him that once a subjective satisfaction has been arrived at on consideration of the relevant materials placed before the detaining authority by the sponsoring authority, the order is absolutely legally sustainable and there was no warrant for any interference by the High Court.<br><br>The reference to the opinion of Sri R. Criticizing the aforesaid analysis and the ultimate view expressed by the High Court, Mr. We do not see how the above view of this Court in any way strikes a discordant note with the views expressed in any earlier decision including Seshammal(supra). Kaul, learned Additional Solicitor General appearing for the Union of India has submitted that the High Court has fallen into error by opining that in the obtaining factual matrix, Article 22(5) of the Constitution of India has been violated.<br><br>It is argued by him that the High Court has been wholly misguided by the aspect that the order rejecting the representation was not communicated by the detaining authority, for there is no requirement in law that it has to be communicated by the said authority. The law on the point as to the rights of an alienee of an Inam land where the alienation had occurred between 01. To that extent, and to that extent alone, the trustee is released from the obligation imposed on him by Section 28 of the principal Act to administer the affairs in accordance with that part of the usage of a temple which enjoined hereditary appointments.<br><br>Sampat Anand Shetty, learned Advocate for the appellant and Mr. has, therefore, to necessarily lose its efficacy. 15 of 2006  Advocates ([https://lexlords.com/criminal-appeal/ blog here]) Advocates ([http://lexlords.in/commission-claims-disputes/ look at this]) (as already noted). The trustee is not bound to make the appointment on the sole ground that the candidate, is the next-in-line of succession to the last holder of office. 6 of 2005 has not been continued by the Amendment Act No. It is urged by him that the decision of the Division Bench of the High Court in Lekha Nandakumar (supra) had already been diluted in Babu v.<br><br>After expounding the law in the above manner, it was held in Adithayan (supra) that even proof of any such practice since the pre-constitutional days (which in any case was not forthcoming) cannot sustain such a claim as the same would be in derogation of constitutional values and opposed to public policy or social decency. The issues in Seshammal(supra) were entirely different and the discussions therein (para 12) proceeds on the basis that entry to the sanctum sanctorum for a particular denomination is without any reference to caste or social status.<br><br>Shri Parasaran has further urged that curtailment of the Advocates [[http://slachd.com/practice-areas/annulment-of-marriage/ look at this]] freedoms guaranteed by Articles 25 and 26 of the Constitution can only be made by the legislature and even a legislative exercise in this regard is circumscribed by the limitations contained in both Articles 25 and 26. It has been further canvassed by him that there  Advocates [[https://lexlords.com/illegal-custody-and-habeas-corpus/ look at this]] has been no abuse of discretion but on the contrary a complete application of mind, for all relevant materials have been taken into consideration which is reflective from the file and in such a situation,  Advocates ([http://simranlaw.ca look at this]) the order of detention is not vulnerable in law.
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439 of the Code, which clothes the High Court with the powers of a Court of Appeal under the Code, as also the power to enhance the sentence. Therefore, those persons who have been detained on account of their activities being prejudicial to the security of the State, but with regard to  Advocates ([http://lexlords.in/subletting/ this hyperlink]) whom the Government cannot or does not think fit to declare that it would be against the public interest to communicate to them the grounds, will continue to be governed 'by sub-s.<br><br>There can be no gainsaying the fact that the order purports to deprive the petitioner of its right under section 64 to which 278 it would otherwise be entitled. (1) from his case unless the Government is prepared to declare and declares that it would be against the public interest to communicate to him the grounds on which the detention order has been made. And then there is the third category of documents made by laymen who have no knowledge of law or expertise in the field.<br><br>There is another category of drafting by lawmen or document  Advocates ([http://acquitlaw.com/how-to-register-fir/ this hyperlink]) writers who are professionally qualified and experienced in the Advocates ([https://lexlords.com/criminal-revision/ this hyperlink]) field like drafting deeds, treaties, settlements in court, etc. The terms of the contract will have to be understood in the way the parties wanted and intended them to be. The legal quality or perfection of the document is comparatively  Advocates ([http://nrilegalservices.me/services/partition-of-property/ this hyperlink]) low in the third category, high in second and higher in first.<br><br>Legislative drafting is made by experts and is subjected to scrutiny at different stages before it takes final shape of an Act, Rule or Regulation. made a similar observation in Cargill International S. Mackinnon Mackenzie and Company Ltd. Vishnu Ramchandra - [1960] INSC 173; 1961 (2) SCR 26 and Commissioner of Income Tax (Central)-I, New Delhi v. Rule 7-Electoral rolls: In accordance with the provisions of sub-section (2) of section 30 of the Ajmer Merwara Municipalities Regulation, 1925 (VI of 1925) the electoral roll of the particular Municipality shall be the same as the final printed roll for a Parliamentary Constituency representing the area covered by that Municipality.<br><br>50 as illegal gratification from Pal Singh and therefore an offence' under s. The contention comes to this that as the sanction was only for receiving Rs. Contextually, it may be noted that in the present case, the respondent had invoked the provisions of English law for the purpose of the initiation of the unsettled disputes. The power of the High Court to enhance a sentence, is contained in sub-s. (1) and such persons, like the persons belonging to the other three 61 categories, will be entitled to have the grounds com- municated to them 'as soon as may be.<br><br>Even if a person has been detained on account of his activities being prejudicial to the security of the State the Government cannot exclude the operation of sub-s. It has hence, while interpreting an agreement, to be kept in mind that the parties, intended to avoid impracticable and inconvenient processes and procedures in working out the agreement. " No Court shall take cognizance of an offence punishable under Section 161 or Section 165 of the Indian Penal Code or under sub-section (2) of section 5 of this Act, alleged to have been committed by a public servant, except with the previous sanction.<br><br> (1), it becomes clearly incumbent upon the Government to decide within the time envisaged by sub-s. Vatika Township Private Limited - 2015 (1) SCC 1. Bangladesh Sugar and Food Industries Corporation[7]: In that context, particularly in agreements of arbitration, where party autonomy is the grundnorm, how the parties worked out the agreement, is one of the indicators to decipher the intention, apart from the plain or grammatical meaning of the expressions and the use of the expressions at the proper places in the agreement.<br><br> ' As such persons will be governed by sub-s. on Friday, September 18, 1953. (1), only in the case of a person who has been detained with a view to prevent him from indulging in activities prejudicial to the security of the State and only if the Government declares that it will be against the public interest to communicate the grounds to him. No doubt, in the process of interpretation in the first category, the courts do make an attempt to gather the purpose of the legislation, its context and text.<br><br> 5 (1)(d) the prosecution, the charge and conviction should have been under that provision and had that been so there would have been no defect in the jurisdiction of the court trying the case nor any defect in the conviction but as the appellant was tried under the charge of being a habitual receiver of bribes and the sanction was only for one single act of receiving illegal gratification the trial was wholly void as it was a trial by a court without jurisdiction.<br><br> and (2) that the second ground of detention is wrong inasmuch as the Chief Secretary has admitted that there is no such hotel as Guest House hotel at Amira Kadal, where the detenue is alleged to have attended a meeting therein referred to. McCraken 23rd August, 1953. Parmar(1), Mackinnon Mackenzie and Company's Indian Staff Organisation v. Rana, Learned Senior Counsel in his submissions apart from referring to the decision in Sneha Cheriyan (supra) also relied upon The State of Maharashtra v.<br><br> In the matter of interpretation, the court has to make different approaches depending upon the instrument falling for interpretation. In the second category also, the text as well as the purpose is certainly important, and in the third category of documents like wills, it is simply intention alone of the executor that is relevant. It has further been urged that this order indirectly C affects the petitioner's fundamental right under article 19(1)(f) and article 31.<br><br> This notice stated inter alia: " On September 17, 1953, another notice was issued by the Company lifting the lock-out with effect from 6 a. In the case before us, being a contract executed between the two parties, the court cannot adopt an approach for interpreting a statute. The order of transfer is Advocates - [http://nrilegalservices.me/how-nri-can-file-complaint-under-rera/ browse around this site] - certainly calculated to inflict considerable inconvenience and harassment to the petitioner as hereinbefore mentioned. " Section 5 (1)(a) relates to a case of a public servant if he habitually accepts illegal gratification and s.<br><br> 5(1)(d) 765 if he obtains for himself any valuable thing or pecuniary advantage.

Latest revision as of 07:50, 26 October 2018

439 of the Code, which clothes the High Court with the powers of a Court of Appeal under the Code, as also the power to enhance the sentence. Therefore, those persons who have been detained on account of their activities being prejudicial to the security of the State, but with regard to Advocates (this hyperlink) whom the Government cannot or does not think fit to declare that it would be against the public interest to communicate to them the grounds, will continue to be governed 'by sub-s.

There can be no gainsaying the fact that the order purports to deprive the petitioner of its right under section 64 to which 278 it would otherwise be entitled. (1) from his case unless the Government is prepared to declare and declares that it would be against the public interest to communicate to him the grounds on which the detention order has been made. And then there is the third category of documents made by laymen who have no knowledge of law or expertise in the field.

There is another category of drafting by lawmen or document Advocates (this hyperlink) writers who are professionally qualified and experienced in the Advocates (this hyperlink) field like drafting deeds, treaties, settlements in court, etc. The terms of the contract will have to be understood in the way the parties wanted and intended them to be. The legal quality or perfection of the document is comparatively Advocates (this hyperlink) low in the third category, high in second and higher in first.

Legislative drafting is made by experts and is subjected to scrutiny at different stages before it takes final shape of an Act, Rule or Regulation. made a similar observation in Cargill International S. Mackinnon Mackenzie and Company Ltd. Vishnu Ramchandra - [1960] INSC 173; 1961 (2) SCR 26 and Commissioner of Income Tax (Central)-I, New Delhi v. Rule 7-Electoral rolls: In accordance with the provisions of sub-section (2) of section 30 of the Ajmer Merwara Municipalities Regulation, 1925 (VI of 1925) the electoral roll of the particular Municipality shall be the same as the final printed roll for a Parliamentary Constituency representing the area covered by that Municipality.

50 as illegal gratification from Pal Singh and therefore an offence' under s. The contention comes to this that as the sanction was only for receiving Rs. Contextually, it may be noted that in the present case, the respondent had invoked the provisions of English law for the purpose of the initiation of the unsettled disputes. The power of the High Court to enhance a sentence, is contained in sub-s. (1) and such persons, like the persons belonging to the other three 61 categories, will be entitled to have the grounds com- municated to them 'as soon as may be.

Even if a person has been detained on account of his activities being prejudicial to the security of the State the Government cannot exclude the operation of sub-s. It has hence, while interpreting an agreement, to be kept in mind that the parties, intended to avoid impracticable and inconvenient processes and procedures in working out the agreement. " No Court shall take cognizance of an offence punishable under Section 161 or Section 165 of the Indian Penal Code or under sub-section (2) of section 5 of this Act, alleged to have been committed by a public servant, except with the previous sanction.

(1), it becomes clearly incumbent upon the Government to decide within the time envisaged by sub-s. Vatika Township Private Limited - 2015 (1) SCC 1. Bangladesh Sugar and Food Industries Corporation[7]: In that context, particularly in agreements of arbitration, where party autonomy is the grundnorm, how the parties worked out the agreement, is one of the indicators to decipher the intention, apart from the plain or grammatical meaning of the expressions and the use of the expressions at the proper places in the agreement.

' As such persons will be governed by sub-s. on Friday, September 18, 1953. (1), only in the case of a person who has been detained with a view to prevent him from indulging in activities prejudicial to the security of the State and only if the Government declares that it will be against the public interest to communicate the grounds to him. No doubt, in the process of interpretation in the first category, the courts do make an attempt to gather the purpose of the legislation, its context and text.

5 (1)(d) the prosecution, the charge and conviction should have been under that provision and had that been so there would have been no defect in the jurisdiction of the court trying the case nor any defect in the conviction but as the appellant was tried under the charge of being a habitual receiver of bribes and the sanction was only for one single act of receiving illegal gratification the trial was wholly void as it was a trial by a court without jurisdiction.

and (2) that the second ground of detention is wrong inasmuch as the Chief Secretary has admitted that there is no such hotel as Guest House hotel at Amira Kadal, where the detenue is alleged to have attended a meeting therein referred to. McCraken 23rd August, 1953. Parmar(1), Mackinnon Mackenzie and Company's Indian Staff Organisation v. Rana, Learned Senior Counsel in his submissions apart from referring to the decision in Sneha Cheriyan (supra) also relied upon The State of Maharashtra v.

In the matter of interpretation, the court has to make different approaches depending upon the instrument falling for interpretation. In the second category also, the text as well as the purpose is certainly important, and in the third category of documents like wills, it is simply intention alone of the executor that is relevant. It has further been urged that this order indirectly C affects the petitioner's fundamental right under article 19(1)(f) and article 31.

This notice stated inter alia: " On September 17, 1953, another notice was issued by the Company lifting the lock-out with effect from 6 a. In the case before us, being a contract executed between the two parties, the court cannot adopt an approach for interpreting a statute. The order of transfer is Advocates - browse around this site - certainly calculated to inflict considerable inconvenience and harassment to the petitioner as hereinbefore mentioned. " Section 5 (1)(a) relates to a case of a public servant if he habitually accepts illegal gratification and s.

5(1)(d) 765 if he obtains for himself any valuable thing or pecuniary advantage.

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