Difference between revisions of "Everything About Lawyer In Chandigarh"

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(Para 20) The Bench also observed:- Now if all affected employees hit by the reduction of the age of superannuation formed a class and no sooner than the age of superannuation was reduced, it was realized that injustice had been done and it was decided that steps should be taken to undo what had been done, there was no reason to pick out a class of persons who deserved the same treatment and exclude from the benefits of the beneficent treatment by classifying them as a separate group merely because of the delay in taking the remedial action already decided upon.<br><br>The same is accordingly hereby set aside. Coming to the Indian Council of Legal Aid while others were denied such benefit. The State Government in this appeal could not establish any of those situations and hence the High Court is right in holding that the respondent is entitled to get the benefit of Section 4 of the Repeal Act. Nakara Case concluded that the impugned Act insofar as it denied the benefit to some of the employees who retired in the interregnum between two dates mentioned above was unsustainable and held as follows:- The principle of Nakara clearly applies.<br><br>The following Judgment of the Court was delivered by IMAM J. On failure to establish any of those situations, the landowner or holder can claim the benefit of Section 4 of the Repeal Act. Although it might not be possible in many cases to compute the span of time thus indicated by hours, days or months, what was Advocates ([http://acquitlaw.com/suspension-of-sentense/ speaking of]) possible and the Court had to do in the facts and circumstances of each particular case, was to find whether the act was or was not done within the time which was reasonably convenient or reasonably requisite.<br><br>This Court placing reliance on D. In the above view of the matter, we are satisfied, that the charge under Section 366A was also not sustainable against the appellant. The State has to establish that there has been a voluntary surrender of vacant land or surrender and delivery of peaceful possession under sub-section (5) of Section 10 or forceful dispossession under sub-section (6) of Section 10. to illicit intercourse Advocates ([http://slachd.com/practice-areas/family-law/ speaking of]) with another person. Performance of such public duty by a person who is holding an office which requires or authorize him to perform such duty is the sine qua non of the definition of the public servant contained in Section 2(c)(viii) of the PC Act.<br><br>Discharge of duties in which the State, the public or the community at large has an interest has been brought within the ambit of the expression ˜public duty. We do not doubt that the Judges friend and  Advocates; [http://nrilegalservices.me/services/succession-certificate/ talking to], counselor, the common man, if asked, will unhesitatingly respond that it would be plainly unfair to make any such classification. The mere vesting of the land under sub-section (3) of Section 10 would not confer any right on the State Government to have de facto possession of the vacant land unless there has been a voluntary surrender of vacant land before 18-3-1999.<br><br>The division of Government employees into two classes, those who had already attained the age of 55 on February 28, 1983 and those who attained the age of 55 between February 28, 1983 and August 23, 1984 on the one hand, and the rest on the other and denying the benefit of the higher age of superannuation to the former class is Advocates ([http://lawyerchandigarh.com/divorce-lawyers-in-chandigarh/ speaking of]) as arbitrary as the division of Government employees entitled to pension in the past and in the future into two classes, that is, those that had retired prior to a specified date and those that retired or would retire after the specified date and confining the benefits of the new pension rules to the latter class only.<br><br>366A Procuration of minor girl Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. A perusal of the aforesaid section reveals, that the inducing of the minor to constitute an offence under Section 366A, should have been with reference to an intent to force or seduce her .<br><br>The expressions ˜office and ˜public duty appearing in the relevant part of the PC Act would therefore require a close understanding. Prabhakar Rao and others who were denied the benefit challenged the legislation. -This is an appeal by special leave against the order of the Madhya Bharat High Court dated July 9, 1955, rejecting an application filed by the appellant under Art. For the reasons recorded hereinabove, we are of the view, that the impugned order passed by the High Court convicting the appellant under Section 366A of the Indian Penal Code is also liable to the set aside.<br><br>The commonsense response that may be expected from the common man, untrammeled by legal lore and learning, should always help the Judge in deciding questions of fairness, arbitrariness etc. The definition of public duty in Section 2(b) of the PC Act, indeed, is wide. Viewed from whatever angle, to our minds, the action of the Government and the provisions of the legislation were plainly arbitrary and discriminatory.<br><br>In fact, there is no mention of any other person in the sequence of allegations levelled against the appellant.
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In both the eventualities, in our opinion, the investigation has to be faulted as inefficient, incomplete and incautious with the inevitable consequence of failure of the prosecution in the case in hand. That being so, it comes well within the protection of article 19(6) and the impugned notification cannot be challenged as violative of the fundamental right guaranteed under article 19(1)(f) and (g). 4 (1990) 3 SCC 1 held thus:- 8. Specific performance will not be ordered if the contract itself suffers from some defect which makes the contract invalid or unenforceable.<br><br>Where a valid and enforceable contract has not been made, the court will not make a contract for them. We would hasten to add that these observations are by no means suggestive of the complicity of the respondent Nos. J (Jagdish Singh Khehar) . The restriction which is imposed upon the cane growers in regard to sales of their sugarcane to the occupiers of factories in areas where the membership of the 448 Canegrowers' Co-operative Society is not less than 75 per cent. The power which is given to the Cane Commissioner under section 15 of the Act for declaring reserved or assigned areas is well defined and guided by the considerations set out in Advocates ([https://lexlords.com/illegal-custody-and-habeas-corpus/ navigate to these guys]) Rule 22 of Chapter 6 of the U.<br><br>J New Delhi; (Adarsh Kumar Goel) December 16, 2015 ITEM NO. "There is nothing in the affidavit of Mr. The same is the position with regard to notification dated 27th September, 1954. of the total cane growers within the area is a reasonable restriction in the public interest designed for safeguarding the interests of the large majority of growers of sugarcane in the area and works for the greatest good of the greatest number. "The following property is liable to attachment and sale in execution of a decree namely, lands, houses, or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgmentdebtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by Advocates ([https://lexlords.com/nri-legal-services-in-chandigarh/ navigate to these guys]) another person in trust for him or on his behalf".<br><br> Thus, if the persons cited as eye-witnesses by the investigating agency retract from their version made before the police, then either they have been wrongly projected as eye-witnesses or they have for right or wrong reasons resiled from their earlier narration. 3 SECTION X, XVIA, PIL IN THE SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). It is, therefore, necessary first to see whether there has been a valid and enforceable contract and then to see the nature and obligation arising out of it.<br><br> Bambawala to suggest that it is now that the detaining authority is claiming privilege or applying its mind to the question of privilege. The meaning is clear that at no time it was in public interest to disclose the details referred to in the particular paragraph of the affidavit and there is nothing to suggest that this question was not considered by the detaining authority at the time when the grounds were furnished".<br><br>As the trial is pending for the present, we refrain from commenting on their testimony, except that they seem to have resiled from their statements under Section 161 of the Code. Sugarcane (Regulation of Supply and Purchase) Rules, 1954 and is further conditioned that he has to consult the factory and the Canegrowers'Co-operative Society, ,and his orders made thereunder are subject to an appeal to the State Government at the instance of the party aggrieved.<br><br>Prior thereto however as per the materials laid before this Court, several eye-witnesses cited by the investigating agency have been examined. The power is not absolute nor is it unguided and, therefore, does not fall within the mischief of article 19(1)(f) and (g) and the notification dated 9th November, 1955 cannot be impugned on that ground. This cannot by any means be treated as an uncontrolled or an unfettered power without recourse to any higher authority in the event of his going wrong.<br><br>Having regard to the  Advocates; [http://lawyerchandigarh.com/procedure-for-nri-to-get-anticipatory-bail-from-chandigarh/ navigate to these guys], manner in which the offence had been committed, it is incomprehensible that there was no eye- witness to the incident. 13/2015 SUPREME COURT Advocates - [http://slachd.com/family-law-basic-terms-dissolution-of-marriage-divorce-annulment/ see],-ON-RECORD ASSOCIATION AND ANR. Such a fall out also spells a dismal failure of the state machinery as a pivotal stake holder in the process of justice dispensation to protect and assure the witnesses of their safety and security so to fearlessly testify the truth. In a case of specific performance it is settled law, and indeed it cannot be doubted, that the jurisdiction to order specific performance of a contract is based on the existence of a valid and enforceable contract.<br><br>The discretion of the court will be there even though the contract is otherwise valid and enforceable and it can pass a decree of specific performance even before there has been any breach of the contract. The contract being the foundation of the obligation the order of specific performance is to enforce that obligation. The Law of Contract is based on the ideal of freedom of contract and it provides the limiting principles within which the parties are free to make their own contracts.

Revision as of 16:23, 28 October 2018

In both the eventualities, in our opinion, the investigation has to be faulted as inefficient, incomplete and incautious with the inevitable consequence of failure of the prosecution in the case in hand. That being so, it comes well within the protection of article 19(6) and the impugned notification cannot be challenged as violative of the fundamental right guaranteed under article 19(1)(f) and (g). 4 (1990) 3 SCC 1 held thus:- 8. Specific performance will not be ordered if the contract itself suffers from some defect which makes the contract invalid or unenforceable.

Where a valid and enforceable contract has not been made, the court will not make a contract for them. We would hasten to add that these observations are by no means suggestive of the complicity of the respondent Nos. J (Jagdish Singh Khehar) . The restriction which is imposed upon the cane growers in regard to sales of their sugarcane to the occupiers of factories in areas where the membership of the 448 Canegrowers' Co-operative Society is not less than 75 per cent. The power which is given to the Cane Commissioner under section 15 of the Act for declaring reserved or assigned areas is well defined and guided by the considerations set out in Advocates (navigate to these guys) Rule 22 of Chapter 6 of the U.

J New Delhi; (Adarsh Kumar Goel) December 16, 2015 ITEM NO. "There is nothing in the affidavit of Mr. The same is the position with regard to notification dated 27th September, 1954. of the total cane growers within the area is a reasonable restriction in the public interest designed for safeguarding the interests of the large majority of growers of sugarcane in the area and works for the greatest good of the greatest number. "The following property is liable to attachment and sale in execution of a decree namely, lands, houses, or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgmentdebtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by Advocates (navigate to these guys) another person in trust for him or on his behalf".

Thus, if the persons cited as eye-witnesses by the investigating agency retract from their version made before the police, then either they have been wrongly projected as eye-witnesses or they have for right or wrong reasons resiled from their earlier narration. 3 SECTION X, XVIA, PIL IN THE SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). It is, therefore, necessary first to see whether there has been a valid and enforceable contract and then to see the nature and obligation arising out of it.

Bambawala to suggest that it is now that the detaining authority is claiming privilege or applying its mind to the question of privilege. The meaning is clear that at no time it was in public interest to disclose the details referred to in the particular paragraph of the affidavit and there is nothing to suggest that this question was not considered by the detaining authority at the time when the grounds were furnished".

As the trial is pending for the present, we refrain from commenting on their testimony, except that they seem to have resiled from their statements under Section 161 of the Code. Sugarcane (Regulation of Supply and Purchase) Rules, 1954 and is further conditioned that he has to consult the factory and the Canegrowers'Co-operative Society, ,and his orders made thereunder are subject to an appeal to the State Government at the instance of the party aggrieved.

Prior thereto however as per the materials laid before this Court, several eye-witnesses cited by the investigating agency have been examined. The power is not absolute nor is it unguided and, therefore, does not fall within the mischief of article 19(1)(f) and (g) and the notification dated 9th November, 1955 cannot be impugned on that ground. This cannot by any means be treated as an uncontrolled or an unfettered power without recourse to any higher authority in the event of his going wrong.

Having regard to the Advocates; navigate to these guys, manner in which the offence had been committed, it is incomprehensible that there was no eye- witness to the incident. 13/2015 SUPREME COURT Advocates - see,-ON-RECORD ASSOCIATION AND ANR. Such a fall out also spells a dismal failure of the state machinery as a pivotal stake holder in the process of justice dispensation to protect and assure the witnesses of their safety and security so to fearlessly testify the truth. In a case of specific performance it is settled law, and indeed it cannot be doubted, that the jurisdiction to order specific performance of a contract is based on the existence of a valid and enforceable contract.

The discretion of the court will be there even though the contract is otherwise valid and enforceable and it can pass a decree of specific performance even before there has been any breach of the contract. The contract being the foundation of the obligation the order of specific performance is to enforce that obligation. The Law of Contract is based on the ideal of freedom of contract and it provides the limiting principles within which the parties are free to make their own contracts.

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