Getting My NRI Legal Services To Work

The same could have been used by the prosecution after it had strictly complied with Section 145 of the Indian Evidence Act, 1872. Thus, there are two findings of fact against the tenants/respondents. In 2002, Rule 13(3) was amended thereby restricting grant of FL-3 licences to hotels possessing Three Star and above ratings; existing Two Star hotels possessing FL-3 licences were however renewed on the understanding that this was their bounden right.

410 would come within Item Advocates (click here to find out more) 37 of List II itself, and have been expressly excluded from Item I of the Concurrent List. This was followed in 1996 by the banning of sale of arrack. The ancillary matters laying down the procedure for trial of such offences and the conferring of jurisdiction on certain courts for that purpose would be covered completely by Item 2 of List II and it is not necessary for the Provincial Legislature to invoke the powers under Item 2 of the Concurrent List.

All such measures are intended to preempt manipulative trading and check all kinds of impermissible conduct in order to boost the Advocates (click here to find out more) investors' confidence in the Capital market. Goswami, the learned senior counsel appearing on behalf of some of the respondents, draws our attention to the Catering Policy, 2010. The provisions of the SEBI Act and the Regulations will, therefore, have to be understood and interpreted in the above light.

The primary purpose of the statutory enactments is to provide an environment conductive to increased participation and investment in the securities market which is vital to the growth and development of the economy. If the addiction to alcohol or introduction into this pernicious habit is to be combated, there seems to us to be no justification to allow beer or wine to be publically consumed. On such findings, the appeal was dismissed. As an integral incidence of ejectment of a tenant/licensee is inevitable.

In my opinion the evidence that had been presented before the subordinate court, the subordinate court has not made any mistake in coming to the Advocates (click here to find out more) conclusion that the tenant has made structural changes in the rented accommodation. should have spoken to the above statements of PW2 in his evidence to prove that he has contradicted in his earlier Section 161 statements in his evidence and, therefore, his evidence cannot be discarded to prove the prosecution case.

Further, PW-2 in the light of the answers elicited from him in the cross-examination by Public Advocates (try this web-site) Prosecutor, with regard to the contents of 161 statement which relevant portions are marked in his cross-examination and the said statements were denied by him, the prosecution was required to prove the said statements of the PW-2 through the Investigating Officer to show the fact that PW-2 Jai Bhagwan in his evidence has given contrary statements to the Investigation Officer at the time of investigation and, therefore, his evidence in examination-in-chief has no evidentiary value.

The Investigation Officer (PW-10) in his evidence, has not at all spoken of the contents of the statement of the complainant-Jai Bhagwan (PW-2), recorded by him under Section 161 of the Cr. 3 It has not been disputed that the State of Kerala is facing an acute social problem because of the widespread and excessive consumption of alcohol. This reasoning furnishes a complete answer to the contention of the appellants. The learned senior counsel further submits that the licenses of these small shop/ kiosk owners have been renewed in some zones of the Railways, while in others not Advocates (click here to find out more) renewed, which action of the appellants is violative of Article 14 of the Constitution of India.

An owner is entitled to deal with his property in his own way profitable in its use and occupation. " He accordingly held that the entire legislation fell within Entries I and 2 of List II, and that no question of repugnancy under s. There cannot be any caveat to the opinion that permitting the consumption of beer and wine is a gateway to the consumption of hard liquor, and indeed is a social malaise in itself. It appears that almost 14 per cent of the national consumption of alcohol occurs in this comparatively territorially small State (indeed a dubious distinction), which also justifiably boasts of 100 per cent literacy.

The appellant tenant has not been able to present any evidence to show that the consent of the land lord had been taken before making structural changes. This policy was taken to the courts and was eventually settled by the decision of this Court in State of Kerala v. Faced with this social malaise, the State Government appears to have considered that banning the consumption of hard alcohol in public may have the effect of bringing down and arresting the ever escalating addiction to liquor.

So the doctrine of livelihood cannot discriminately be extended to the area of commercial operation. 2010 (5) SCC 186 which had upheld that policy. But we must immediately record our reservation inasmuch as FL-11 licences for the sale of consumption of beer and wine are rampantly issued. On the other hand, Mr. Six Hotels Resort Private Ltd. Investors' confidence in the Capital/Securities Market is a reflection of the effectiveness of the regulatory mechanism in force.

He contends that revenue collection for the State cannot be a yardstick or consideration for deciding renewals of licenses of licensees. In 1992, the grant of FL-3 licence was restricted to hotels having Two Star and above classification. A public authority is equally entitled to use the public property to the best advantage as a commercial venture.