LexLords NRI Legal Services Hyderabad By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/adoption-and-cara/. It is one of the essential duties to be performed before the election can be completed, and anything done towards the completion of the election proceeding can by no stretch of reasoning be described as questioning the elec- tion. " This argument displays great dialectical ingenuity, but it has no bearing on the result of this appeal and I think it can be very shortly answered. The fallacy of the argument lies in treating a single step taken in furtherance of an election as equivalent to election.

Before concluding, I should refer to an argument which was strenuously pressed by the learned counsel for the appellant and which has been reproduced by one of the learned Judges of the High Court in these words:-"It was next contended that if nomination is part election, a dis- pute as to the validity of nomination is a dispute relating to election and that can be called in question only in accordance with the provisions of article 329 (b) by the presentation of an election petition to the appropriate Tribunal and that the Returning Officer would have no juris- diction to decide that matter and it was further argued that section 36 of Act XLIII of 1981 would be ultra vires inasmuch as it confers on the Returning Officer a jurisdic- tion which, article 329 (b) confers on a Tribunal to be appointed in accordance with the article.

Evidently, the argument has no bearing on this method of approach to the question posed in this appeal, which appears to me to be the only correct method. That decision, therefore, does not help the company in this case. It is clear that unless this duty is discharged properly, any number of candidates may stand for election without comply- ing with the provisions of the Act and a great deal of 240 confusion may ensue. referred to Styles' case and said that a man could not make a profit or loss out of himself and, that that was the ground of decision in Styles' case.

of the People Act, 1951, it is the duty of the Returning NRI Legal Services Officer to scrutinize the nomination papers to ensure that they comply with the requirements of the Act and decide all objections which be made to any nomination. Hence, the present appeal filed by the appellant. It should not, however, be overlooked that the question whether the profits arising out of the members' subscription were assessable or not was not in issue in that case at all. 305 club did not really carry on any business with its members with a view to earning profits and, therefore, the surplus of receipts from the members over the expenditure could not be said, to be profit of any business which could be assessed to tax.

Under section 36 of the Representation. The impugned judgment is, therefore, required to be interfered with and the validity of the notice dated October 30,2008 is required to be reconsidered by the learned Court below looking into the Exhibit-4 The High Court accordingly, allowed the appeal and remanded the suit back to the Trial Court for reconsideration from the stage of examining the question of validity of notice dated 30.

Indeed, NRI Legal Services the position is now made more clear by the express provisions of section 13 of the Act which provides that a detention order may at any time be revoked or modified and that such revocation shall not bar the making of a fresh detention order under section 3 against the same person. The only question was whether the profits arising out of the "green fees" collected from outsiders were taxable. Scrutiny of nomination papers is only a stage, though an important stage, in the election process.

In course of his judgment Buckley L. The learned Court below committed an error in passing the decree in favour of the respondent. (B) Declaration of Acquisition as Public Purpose under the LA Act Keeping in view the importance of this Industrial investment in the automobile sector for the industrial development of the State, and keeping in view the fact that the land is being acquired by the West Bengal Industrial Development Corporation as the Requiring Body, and WBIDC being a Corporation owned and controlled by the State Government, it is proposed that this acquisition be done for public purpose in terms of Section 3(f)(iv) of the Land Acquisition Act, 1894.

In discharging the statutory duty imposed on him, the Returning Officer does not call in question any election. Under the lease between the club and its lessors the club was bound to admit visitors on payment of "green fees". After referring to several decisions of the Supreme Court of America I came to the following conclusion at page 930: At pages 927-930 I dealt with the question whether the shareholder could NRI Legal Services impugn the constitutionality of the law on the ground that the fundamental right of the company had been infringed.

The decision of this appeal however turns not on the construction of the single word "election", but on the construction of the compendious expression--"no election shall be called in question" in its context and setting, with due regard to the scheme of Part XV of the Constitution and the Representation of the People Act, 1951.