LexLords NRI Legal Services Leeds By NRI Legal Services LexLords

(1), said that the content of due process of law had to be narrowed down by the "enunciation and application of the new doctrine of police power as an antidote or palliative to the former". It appears that the definition of abatement contemplates that the normal profit of a company is six per cent, on its capital and where the, profit exceeds 207 that amount, it becomes liable to pay business profits tax. But the power of social control and regulation of private rights and freedoms for the common good (1) [1950] INSC 14; [1950] S.

, NRI legal NRI Legal Services services - get redirected here, the power of Government to regulate private rights in public interest, was evolved to counteract such excesses" And Das J. 31(2) (iii)the Act is not saved by art. of any tax or duty in the territory of the United State of Rajasthan, was kept alive, notwithstanding its repeal by article 395 of the Constitution, by section 6 of the General Clauses Act,, 1897, [which is made applicable to the interpretation of the Constitution by article 367 (1)] as a " right" or "privilege" acquired under the repealed enactment, and so (1) (1848) i2 Q.

According to the respondent, in view of the complexity of the facts and the evidence necessary to substantiate the same, it is advisable and essential to protect the respondent from being exposed to disclosure of her defence which may be identical to one to be taken in the criminal case or for that matter compel her to depose against herself on those facts. 31(2) as it was not certified by the President as provided for by art. (ii)that in view of the fact that the impugned Act is a permanent enactment and lands may be acquired under it many years after it came into force, the fixing of the market value on December 31, 1946, as the coiling on compensation without reference to the value of the land at the time of acquisition, is arbitrary and cannot be regarded as due compliance in letter and spirit with the requirements of art.

The respondent, on the other hand, supported the view taken by the High Court and contends that, in view of Clause 4 of the Memorandum of Settlement and the settled NRI legal services position, the disciplinary proceedings must be put on hold atleast until the recording and closure of evidence of prosecution witnesses in the criminal case, as directed by the Division Bench. The only question that arises for consideration, is no more res-integra. That scheme, in marked contrast with the Constitution of America, is to distribute legislative powers among the Union and the State Legislatures according to the Lists of the Seventh Schedule and among such powers was included the power of "acquisition or requisitioning of property" for Union and State purposes in entry No.

That is essential because the charge framed against the respondent in the criminal case and the charge-sheet issued by the disciplinary authority against the respondent is based on the same set of facts. Having granted the power in express terms, the Constitution defines in article 31 the limitations on the exercise thereof as constituting the fundamental right to property of the owner, all fundamental rights of the people being restraints on the State [see observations at page 198 in Gopalan's case(1)].

Is it to be supposed that they accepted the "antidote"doctrine of police power and embodied it in clause(1) of article 31 as a specific power conferred on the Legislatures to deprive persons of their property ? The contour of the approach to be adopted by the Court has been delineated in series of decisions. Thus, what is called the power of eminent domain, which is assumed to be inherent in the sovereignty of the State according to Continental and American jurists and is accordingly not expressly provided for in the American Constitution, is made the subject of an express grant in our Constitution.

36 of List II respectively. Secondly, it was said that section 101 of the Government of India Act, 1935, which gave effect to the stipulation in the Instrument of Accession against the imposition by the Dominion Legislature. 605 in America, I said in Gopalan's case(1): "When that power (legislative power) was threatened with prostration by the excesses of due process, the equally vague and expansive doctrine of "police power", i. It is well-settled that there is no NRI legal services - a fantastic read, bar to the conduct of the disciplinary proceedings and criminal trial simultaneously.

31(5) from the operation of art. However, no straightjacket formula can be spelt out and the Court has to keep in mind the broad approach to be adopted in such matters on case to case basis. This court held in the aforesaid case that the framers of our Constitution definitely rejected the doctrine of due process of law. We have heard the learned counsel for the parties at some length. The suggestion seems unwarranted and, indeed, contrary to the scheme of our Constitution.

Vittal Rao[2] has summed up the same in the following words: This Court in Karnataka SRTC vs. The defence of the respondent in disciplinary proceedings may cause serious prejudice to the respondent in the criminal case.