Difference between revisions of "Everything About Lawyer In Chandigarh"

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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.
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It must be mentioned  Advocates ([http://lexlords.in/restrictive-covenants/ sneak a peek at these guys]) that the State of Andhra had come into existence on October 1, 1953, but that the High Court of Madras continued to have jurisdiction over the Andhra  Advocates ([http://nrilegalservices.me/rti-for-land-and-property-disputes-of-nri/ a cool way to improve]) State until July, 1954, when a separate High Court was established therefor. 6 of the Act by a competent authority was on the record. 150 and above could be held only by a Tribunal to which the Government might refer the same, and that, therefore, the proceedings of the High Court of Madras after October 1, 1953, culminating in the order of suspension dated January 28, 1954, were without jurisdiction, and secondly, that the order in question was void, as Advocates; [http://lawyerchandigarh.com/procedure-to-file-a-complaint-in-rape-case/ sneak a peek at these guys], it was in contravention of Art.<br><br>For the above reasons, we hold that the tribunal has disposed of the appeal before it in a most perfunctory manner without going into any figures at all but by merely on the statement made by counsel and on the basis of material which appears to have been produced first time before the tribunal. As against the judgment of the trial court, the appellant filed an appeal before the High Court being Criminal Appeal No. 209 shall hereinafter be referred to as the approver.<br><br>It is also true  Advocates ([http://lexlords.in/succession-certificate-for-nri/ sneak a peek at these guys]) that it is not unlawful to be either a Communist or a trade unionist. We hold that the Security Rules are not illegal as being repugnant -to ,a Art. It is admitted that at the time the Special Judges concerned purported to take cognizance the appellants were not public servants and that no order of sanction under s. It can be seen from the above extracted proviso, an undertaking engaged in generation of power has an option to claim depreciation on its assets in accordance with the scheme under Section 32(1)(i) of the Income Tax Act.<br><br>Advocates - [https://lexlords.com/nri-legal-services/ sneak a peek at these guys], That by the substitution of terminal tax on goods imported into a local area the nature of the tax had not been altered from what it was when octroi was in force or when instead of " terminal tax " octroi (without refund, was substituted is clear from the decision of the Federal Court in Punjab Flour and General Mills' case (2) which is discussed in a later part of (1) [1805] USSC 18; (1804) 2 Cranch 358, 390; [1805] USSC 18; 2 L.<br><br>Thus, the provisions of the Act relating to lock-out, strike, lay-off, retrenchment, conciliation and adjudication proceedings, the period during which the awards are to be in force, have meaning only if they refer to an industry which is running and not one which is closed. 311 of the Constitution. The writ petition which was pending in the High Court of Madras was then transferred to the Andhra High Court.<br><br>The prosecution case is that in furtherance of the Grow More Food Scheme initiated by Government it was decided to subsidize the supply of oil cake to agriculturists with a view to augmenting the production of food crops. The tribunal to so decide on the material which was placed before the Commissioner and not to allow any additional documents/materials to be filed before it. The notice, it is true, refers to the appellant being a member of the Communist Party and to his activities in the trade union.<br><br>None of our observations made herein shall bind the tribunal to which this case is remitted. Such an option could be exercised at the relevant point of time as indicated in the said proviso. This clearly proceeds on the basis that the right to defend himself in the enquiry and the right to make representation against the proposed punishment are all parts of his " statutory right " and are implicit in the reasonable opportunity provided by the statute itself for the protection of the government servant.<br><br>But it is not the necessary attribute either of a Communist or a trade unionist that he should indulge in subversive activities, and when action was taken against the appellant under the rules, it was not because he was a 1064 Communist or a trade unionist, but because he was engaged in subversive activities. 46 of 1956 in the notice dated July 6, 1950, that the expression "subversive activities " is wide enough to take in lawful activities as well, and must therefore be held to be unreasonable for purposes of classification under Art.<br><br>At the time that the appellants are alleged to have committed the offence they were public servants. We are also unable to agree with the argument of the appellants based on the charges made against the appellant in Civil Appeal No. The High Court examined the facts and re-appreciated the entire evidence adduced from the side of the prosecution and recorded an independent finding and affirmed the judgment of conviction passed by the trial court.<br><br>We, therefore, set aside the order of the tribunal and remand the matter back to the tribunal. The tribunal will consider in detail, if necessary, by taking the help of a Cost Accountant and after looking into the accounts of the respondent whether or not the advances or any part thereof have been used in the working capital and whether or not the advances received by the respondent and/or the interest earned thereon have been used in the working capital and/or whether it has the effect of reducing the price of the motorcycle.

Revision as of 12:12, 29 October 2018

It must be mentioned Advocates (sneak a peek at these guys) that the State of Andhra had come into existence on October 1, 1953, but that the High Court of Madras continued to have jurisdiction over the Andhra Advocates (a cool way to improve) State until July, 1954, when a separate High Court was established therefor. 6 of the Act by a competent authority was on the record. 150 and above could be held only by a Tribunal to which the Government might refer the same, and that, therefore, the proceedings of the High Court of Madras after October 1, 1953, culminating in the order of suspension dated January 28, 1954, were without jurisdiction, and secondly, that the order in question was void, as Advocates; sneak a peek at these guys, it was in contravention of Art.

For the above reasons, we hold that the tribunal has disposed of the appeal before it in a most perfunctory manner without going into any figures at all but by merely on the statement made by counsel and on the basis of material which appears to have been produced first time before the tribunal. As against the judgment of the trial court, the appellant filed an appeal before the High Court being Criminal Appeal No. 209 shall hereinafter be referred to as the approver.

It is also true Advocates (sneak a peek at these guys) that it is not unlawful to be either a Communist or a trade unionist. We hold that the Security Rules are not illegal as being repugnant -to ,a Art. It is admitted that at the time the Special Judges concerned purported to take cognizance the appellants were not public servants and that no order of sanction under s. It can be seen from the above extracted proviso, an undertaking engaged in generation of power has an option to claim depreciation on its assets in accordance with the scheme under Section 32(1)(i) of the Income Tax Act.

Advocates - sneak a peek at these guys, That by the substitution of terminal tax on goods imported into a local area the nature of the tax had not been altered from what it was when octroi was in force or when instead of " terminal tax " octroi (without refund, was substituted is clear from the decision of the Federal Court in Punjab Flour and General Mills' case (2) which is discussed in a later part of (1) [1805] USSC 18; (1804) 2 Cranch 358, 390; [1805] USSC 18; 2 L.

Thus, the provisions of the Act relating to lock-out, strike, lay-off, retrenchment, conciliation and adjudication proceedings, the period during which the awards are to be in force, have meaning only if they refer to an industry which is running and not one which is closed. 311 of the Constitution. The writ petition which was pending in the High Court of Madras was then transferred to the Andhra High Court.

The prosecution case is that in furtherance of the Grow More Food Scheme initiated by Government it was decided to subsidize the supply of oil cake to agriculturists with a view to augmenting the production of food crops. The tribunal to so decide on the material which was placed before the Commissioner and not to allow any additional documents/materials to be filed before it. The notice, it is true, refers to the appellant being a member of the Communist Party and to his activities in the trade union.

None of our observations made herein shall bind the tribunal to which this case is remitted. Such an option could be exercised at the relevant point of time as indicated in the said proviso. This clearly proceeds on the basis that the right to defend himself in the enquiry and the right to make representation against the proposed punishment are all parts of his " statutory right " and are implicit in the reasonable opportunity provided by the statute itself for the protection of the government servant.

But it is not the necessary attribute either of a Communist or a trade unionist that he should indulge in subversive activities, and when action was taken against the appellant under the rules, it was not because he was a 1064 Communist or a trade unionist, but because he was engaged in subversive activities. 46 of 1956 in the notice dated July 6, 1950, that the expression "subversive activities " is wide enough to take in lawful activities as well, and must therefore be held to be unreasonable for purposes of classification under Art.

At the time that the appellants are alleged to have committed the offence they were public servants. We are also unable to agree with the argument of the appellants based on the charges made against the appellant in Civil Appeal No. The High Court examined the facts and re-appreciated the entire evidence adduced from the side of the prosecution and recorded an independent finding and affirmed the judgment of conviction passed by the trial court.

We, therefore, set aside the order of the tribunal and remand the matter back to the tribunal. The tribunal will consider in detail, if necessary, by taking the help of a Cost Accountant and after looking into the accounts of the respondent whether or not the advances or any part thereof have been used in the working capital and whether or not the advances received by the respondent and/or the interest earned thereon have been used in the working capital and/or whether it has the effect of reducing the price of the motorcycle.