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

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149 there need not be a prior concert and meeting of minds, it is enough that each has the same object in view and their number is five or more and they act as an assembly to achieve that object. In such a situation the structure also would be the property of Government, though for the time being it may be at the disposal of the Trust for the purpose of managing it efficiently as a statutory body. 34 of the Indian Penal Code and common object set out under s.<br><br>The case is not on all fours with the Advocates ([http://lawyerchandigarh.com/how-punjab-and-haryana-exercises-its-inherent-powers-under-section-482-of-crpc/ prev]) facts of the present case. (as he then was) at p. Common intention required by s. Gokhale is right in his contention, it is clear to us that if the workmen commence or continue a strike for the only reason that the employer has made an illegal change, they come within the express terms of s. But the following observations of Das J. In an application for certiorari to quash an order of the Controller made under this enactment, it was argued for him that the words of the Regulation left the matter to his subjective satisfaction, that his decision therefore was not liable to the questioned on the ground that, in fact, there existed no reasonable ground therefor; and the decision in Liversidge v.<br><br>It is immaterial Advocates ([http://slachd.com/what-factors-should-be-considered-before-you-decide-to-get-divorced/ check this link right here now]) whether the change is subsequently found by the Labour Court to be a legal change. That apart this Court Advocates ([http://lexlords.in/property-law/ prev]) has, on several occasions, referred disputes for amicable settlement through the Mediation Centre functioning in the Supreme Court premises itself and Mediation Centres across the country in a large variety of disputes including (primarily) matrimonial disputes. 22(2) of the Income Tax Act were issued to the petitioner by the Income Tax Officer, District III, Calcutta to submit returns for the years 1950-51, 1951-52, 1952-53, 1953-54 and 1954- The assessments for the years 1948-49 and 1949-50  Advocates ([http://lexlords.in/ prev]) were made by the Income Tax Officer, District III, Calcutta.<br><br>Sir John Anderson(2) was relied on as establishing that position. Even assuming that Mr. In negativing this contention, Lord Radcliffe observed that the words "where the Controller had reasonable grounds to believe" might mean either "where it is made out to his subjective satisfaction" or "where there are reasonable grounds on which be could believe", and that whether the words were (1) [1951] A. The question of the ownership of the structure built upon Government land by the Trust may be looked at from another point of view.<br><br>149, though they sometimes overlap, are used in different senses and should be kept distinct. If any question arises as to the (1) [1950] INSC 38; [1950] S. In the impugned order herein, the learned single Judge has observed that no doubt the withdrawal from prosecution is an executive and non- judicial act but there is a wide discretion with the court, which ought to be exercised judicially on well established principles.<br><br>In spite of the encouragement given by this Court, for one reason or another, institutionalized mediation has yet to be recognized as an acceptable method of dispute resolution provoking Mr. By sub-section (1), where an assessee carries on a business, profession or vocation at any place, he shall be assessed by the Income-tax Officer of that area in which that place is situate or where the business, profession, or vocation is carried on at more than one place by the Income- tax Officer of the area in which the principal place of business, profession or vocation is situate.<br><br>The petitioners registered firm-has its head-office in Calcutta where its books of account are kept and maintained and where it has its banking account, the members of the firm being citizens of India. That is to say, the court has to be satisfied that the executive function of the Public Prosecutor has not been improperly exercised or that it is not an attempt to interfere with the course of justice for illegitimate purposes. It is within these parameters, the judicial discretion is to be exercised.<br><br>Since its inception the firm has all along been assessed to income-tax by the Income-Tax Officer, District III, Calcutta. Turning now to the Indian Income-tax Act, 1922 we find that section 64 makes provision for determining the place of assessment. Simply because the Trust erected the structure in question and later on paid up the amount advanced by Government for the purpose would not necessarily lead to the,legal inference that the structure was the property of the Trust.<br><br>'State of Bihar recognises and accepts as valid the leases granted to the appellant Company whether granted by the Court of Wards or the Raja under the license of 26th March 1915 (as extended by the supplementary documents of 1917 and 1937). There, the Board was considering the meaning of the words "where the Controller has reasonable grounds to believe" occurring in a Regulation of Ceylon. 195 of the report are pertinent:- " It is true that the lessee erected the building at his own cost but he did so for the lessor and on the (1) [1952] INSC 54; [1953] S.<br><br> In all other cases, according to sub-section (2), an assessee shall be assessed by the Income-tax Officer of the area in which he resides. In this connection reference may be made to the decision of this Court in Bhatia Co-operative Housing Society Ltd. We have already held that the Trust was in the position of a statutory agent of Government and had erected the structure with money belonging to Government but advanced at interest to the Trust.<br><br> Nariman to comment in the same Foreword in the context of the Afcons decision that Mediation must stand on its own; its success judged on its own record, un-assisted by Judges.
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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.

Revision as of 03:21, 28 October 2018

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.

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.

Appeal by special leave from the judgment and order dated the 7th Advocates (get more info) June 1954 Advocates (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.

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.

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.

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.

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.

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.

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, get more info, exercise is open to judicial review.

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 (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 [get more info] or work order to be done on the part of the Contractor i.

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