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The application was rejected by the respondent. Article 38 of the Constitution of India,  Advocates ([https://lexlords.com/maintenance/ try this site]) which Advocates ([http://lawbesto.in pop over to this website]) is a Directive Principle of State Policy, reads as under: Article 286(2) of the Constitution of India Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1). Held, that the effective part of the notice made it clear that the requisition, which was to remove the encroachment caused by the compound wall, was lawfully made, that the alteration of the conviction under S.<br><br>The appellant, desiring to know on what materials the notice was issued, applied for copies of the materials on the basis of which he respondent had formed his opinion. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell.<br><br>The respondent issued a notice under S. The learned ASG further draws our attention to clause 16. (emphasis laid by this Court) India is a welfare State. The brother died and the appellant claimed to have become the sole heir. Held that, the certificate granted by the High Court amounts to a condemnation of the practice of summary dismissal of appeals, especially in jury trials. 21 It must, therefore follow as a necessary corollary from the principle of equality enshrined in Article 14 that though the State is entitled to refuse to enter into relationship with any one, yet if it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be invalid unless it can be supported or justified on some rational and non-discriminatory ground.<br><br>Such practice prevails in most High Courts and has the sanction of statute law. No certificate should be granted on a mere question of fact nor in a case where there are no complexities of law involved requiring an authoritative interpretation by the Supreme Court. Section 4(2) Central Sales Tax Act, 1956 A sale or purchase of goods shall be deemed to take place inside a State, if the goods are within the State (a) in the case of specific or ascertained goods, at the time the contract of sale is made; and (b) in the case of unascertained or future goods, at the time of their appropriation to the contract of sale by the seller or by the buyer, whether assent of the other party is prior or subsequent to such appropriation.<br><br>7 of the Administration of Evacuee Property Act, 1950, in respect of the share of the brother on the ground that the brother had left a widow and a son who had migrated to Pakistan. The claim for the rent already due by the respondent to the appellants up to August 1, 1942, has been settled by the judgments of the courts below and we are not called upon to canvass these findings of fact any further. Though Section 397 IPC deals with robbery or dacoity with attempt to cause death or grievous hurt and prescribes punishment by way of imprisonment of not less than seven years, in our view, the High Court ought to have decided the appeals on merit without remanding the case to the trial court for fresh adjudication after framing charge under Section 397 IPC and recording additional evidence, if deemed necessary.<br><br>The more important questions that require to be dealt with are: (1) What is the amount which the appellants are entitled to recover from the respondent as and by way of the value of the two trucks in the alternative-the respondent being admittedly not in a position to re-deliver the said trucks to them and (2) what are the damages which the appellants are entitled to recover by reason of wrongful detention of the trucks till the date of judgment.<br><br>The appellant and his brother owned certain properties inherited from their father. 226 of the Advocates ([http://lawyerchandigarh.com/quashing-of-fir-by-non-resident-indians-nri/ try this site]) Constitution in the High Court which was also dismissed. The appellant filed a petition under Art. The appellant obtained special leave and contended that the notice was issued without jurisdiction as there was no material before the respondent to justify his issuing of the notice and that the application for the copies had been improperly -ejected by the respondent.<br><br>Having regard to the number of persons allegedly involved in the offences, as disclosed by the prosecution, the crimes committed are of murder in the course of robbery together with lurking house trespass and house breaking by night in order to commit offence punishable with imprisonment with common intention. IRCTC will not renew any contract required to be handed over to zonal railways on expiry of the contract. Thus, the order dated 16th December, 2014 was valid. The writ petition was defended by the State with the plea that change of all the directors and shareholding amounted to transfer of the lease in violation of Rule 15 which was void under Rule 72.<br><br>1 All existing major and minor catering units will be awarded and managed by the zonal railways, except Food Plaza, Food Courts, fast food units. 3 of the 2010 Policy which reads as under: All such contracts presently being managed by the  Advocates ([http://acquitlaw.com/extra-territorial-offenses/ try this site]) IRCTC, on expiry of the contract period, will be awarded by the zonal railways. (3) Unless a different intention appears, the Rules contained in sections 20 to 24 are Rules for ascertaining the intention of the  Advocates - [https://lexlords.com/tax/ try this site] - parties as to the time at which the property in the goods is to pass to the buyer.
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If the appellant's contention is pushed to its logical conclusion it would mean that whenever a decree is transferred all objection to execution must cease unless the order of the Court directing the transfer expressly enumerates the issues that the transferring Court is at liberty to determine. The petitioner is a railway Advocates ([http://lawbesto.com the]) servant and as such is governed by the rules of the Indian Railway Code. 1 as Deemed University by issuing a notification under Section 3 of the University Grants Commission Act, 1956 (in short the UGC Act).<br><br>The evidence of the approver has been found by the courts below to have been materially corroborated both as to the unlawful agreement and as to the persons concerned with the conspiracy. There is also the further advantage faras the accused is concerned of testing the truth or otherwise of the deposit's testimony by cross'- examination 329 in a public place -like a court and which may develop from point to point effectively with reference to the answers that a witness gives.<br><br>University-respondent No. Subsequently Pitabas Sahu aforesaid was granted pardon on condition of his making a full and true statement of the facts of the case and was examined as an approver, on whose evidence mainly rested the case against the accused. In this context, the Harmonized System of Nomenclature known as HSN Explanatory Notes was referred to by both the sides. Now the question that arises for consideration is as to whether in the facts and circumstances of the case the prosecutrix is entitled to victim compensation and, if so, to what extent?<br><br>1 herein is the Institution engaged in imparting high education in various subjects. At the date of the commencement of the Constitution the railway servants were governed by a separate set 108 852 of rules collected in the two  Advocates ([http://acquitlaw.com/criminal-revision/ the]) volumes of the Indian Railway Establishment Code. During the course of hearing, this Court by order dated 01. But where on account of particular reasons it is not possible to get the presence of the witness in court, the Criminal Procedure Code provides for examination on commission which can be direct examination by counsel 'for the prosecution and cross-examination by the accused or his counsel.<br><br>Pursuant to the aforesaid order, learned counsel for the State has filed an additional affidavit giving details of the inquiries made to ascertain the financial status of the victim and the accused and also has placed on record a copy of Notification/ Compensation Scheme. In our opinion section 42 of the Civil Procedure Code is a complete answer to this contention. His evidence, as indicated above, was supported by the dealers in oilcake who supplied the commodity which was the subject matter of the conspiracy.<br><br>1 is, therefore, subjected to ensuring compliance of all the provisions of UGC Act in  Advocates, [http://lexlords.in/rights-of-way/ this website], its functioning. These notes correspond to the Chapter sub-headings of the Schedule to the Tariff Act. In the first information report lodged on the 28th June 1948 the approver Pitabas Sabu, one of the agricultural sub-overseers, was named along with the other five accused as the persons concerned with the conspiracy. 2015 directed the learned counsel appearing for the respondent-State to file a copy of the Victim Compensation Scheme applicable in the State of Chhattisgarh and to inquire about the financial status of the  Advocates ([http://nrilegalservices.me/disputes-over-the-title-of-an-immovable-property-of-nri/ the]) victim, her brothers and also of the accused-appellant.<br><br>-The main question canvassed in this appeal by special leave is whether the ruling of this Court in the case of Topan Das v. The appeal fails and is dismissed with costs. The State of Bombay(1) governs this case also, in view of the fact that the appellant is the only person out of the accused persons placed on trial, who has been convicted for the offence of conspiracy under section 120-B, Indian Penal Code.<br><br>The point arises in the following way: The Judgment of the Court was delivered by SINHA J. It is an established and cardinal principle of Criminal jurisprudence obtainable in all systems of law that in criminal proceedings the evidence against the accused should be recorded in his presence and in open court so that the accused may be enabled to challenge such parts of the statement which he wishes to challenge and the presiding officer may have the advantage and opportunity of hearing the witness in person, noting his demeanour and finding out for himself on such observation whether what the witness deposes is true or otherwise.<br><br>Sub-section (2) provided that Advocates [[http://nrilegalservices.me/services/issues-with-property-developers/ the]] if in the course of an inquiry, trial or other proceeding under the Code before any Magistrate, other than a District Magistrate or Presidency Magistrate, it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice and that the attendance of such witness cannot be produced without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such Magistrate shall apply to the District Magistrate stating the reasons for the application; Section 503, as it stood before the amendment of 1955, provided that where in the course of an inquiry, trial or other proceeding under the Code, it appears to a High Court of Sessions, District Magistrate or Presidency Magistrate, that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such court or Magistrate may dispense with such attendance and issue a commission for the examination of the witness in accordance with the provisions of that Chapter.<br><br>But in the instant case, as already indicated, on the findings of the courts below, apart from the persons placed on trial, there was the approver who implicated himself equally with the other accused persons and a number of other prosecution witnesses as having been privy to the conspiracy. The Central Government has, therefore, on the advise of University Grants Commission (in short UGC) declared respondent No. 28 214 as also on the charge in that case the conviction could not be sustained.

Latest revision as of 12:57, 29 October 2018

If the appellant's contention is pushed to its logical conclusion it would mean that whenever a decree is transferred all objection to execution must cease unless the order of the Court directing the transfer expressly enumerates the issues that the transferring Court is at liberty to determine. The petitioner is a railway Advocates (the) servant and as such is governed by the rules of the Indian Railway Code. 1 as Deemed University by issuing a notification under Section 3 of the University Grants Commission Act, 1956 (in short the UGC Act).

The evidence of the approver has been found by the courts below to have been materially corroborated both as to the unlawful agreement and as to the persons concerned with the conspiracy. There is also the further advantage faras the accused is concerned of testing the truth or otherwise of the deposit's testimony by cross'- examination 329 in a public place -like a court and which may develop from point to point effectively with reference to the answers that a witness gives.

University-respondent No. Subsequently Pitabas Sahu aforesaid was granted pardon on condition of his making a full and true statement of the facts of the case and was examined as an approver, on whose evidence mainly rested the case against the accused. In this context, the Harmonized System of Nomenclature known as HSN Explanatory Notes was referred to by both the sides. Now the question that arises for consideration is as to whether in the facts and circumstances of the case the prosecutrix is entitled to victim compensation and, if so, to what extent?

1 herein is the Institution engaged in imparting high education in various subjects. At the date of the commencement of the Constitution the railway servants were governed by a separate set 108 852 of rules collected in the two Advocates (the) volumes of the Indian Railway Establishment Code. During the course of hearing, this Court by order dated 01. But where on account of particular reasons it is not possible to get the presence of the witness in court, the Criminal Procedure Code provides for examination on commission which can be direct examination by counsel 'for the prosecution and cross-examination by the accused or his counsel.

Pursuant to the aforesaid order, learned counsel for the State has filed an additional affidavit giving details of the inquiries made to ascertain the financial status of the victim and the accused and also has placed on record a copy of Notification/ Compensation Scheme. In our opinion section 42 of the Civil Procedure Code is a complete answer to this contention. His evidence, as indicated above, was supported by the dealers in oilcake who supplied the commodity which was the subject matter of the conspiracy.

1 is, therefore, subjected to ensuring compliance of all the provisions of UGC Act in Advocates, this website, its functioning. These notes correspond to the Chapter sub-headings of the Schedule to the Tariff Act. In the first information report lodged on the 28th June 1948 the approver Pitabas Sabu, one of the agricultural sub-overseers, was named along with the other five accused as the persons concerned with the conspiracy. 2015 directed the learned counsel appearing for the respondent-State to file a copy of the Victim Compensation Scheme applicable in the State of Chhattisgarh and to inquire about the financial status of the Advocates (the) victim, her brothers and also of the accused-appellant.

-The main question canvassed in this appeal by special leave is whether the ruling of this Court in the case of Topan Das v. The appeal fails and is dismissed with costs. The State of Bombay(1) governs this case also, in view of the fact that the appellant is the only person out of the accused persons placed on trial, who has been convicted for the offence of conspiracy under section 120-B, Indian Penal Code.

The point arises in the following way: The Judgment of the Court was delivered by SINHA J. It is an established and cardinal principle of Criminal jurisprudence obtainable in all systems of law that in criminal proceedings the evidence against the accused should be recorded in his presence and in open court so that the accused may be enabled to challenge such parts of the statement which he wishes to challenge and the presiding officer may have the advantage and opportunity of hearing the witness in person, noting his demeanour and finding out for himself on such observation whether what the witness deposes is true or otherwise.

Sub-section (2) provided that Advocates [the] if in the course of an inquiry, trial or other proceeding under the Code before any Magistrate, other than a District Magistrate or Presidency Magistrate, it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice and that the attendance of such witness cannot be produced without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such Magistrate shall apply to the District Magistrate stating the reasons for the application; Section 503, as it stood before the amendment of 1955, provided that where in the course of an inquiry, trial or other proceeding under the Code, it appears to a High Court of Sessions, District Magistrate or Presidency Magistrate, that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such court or Magistrate may dispense with such attendance and issue a commission for the examination of the witness in accordance with the provisions of that Chapter.

But in the instant case, as already indicated, on the findings of the courts below, apart from the persons placed on trial, there was the approver who implicated himself equally with the other accused persons and a number of other prosecution witnesses as having been privy to the conspiracy. The Central Government has, therefore, on the advise of University Grants Commission (in short UGC) declared respondent No. 28 214 as also on the charge in that case the conviction could not be sustained.

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