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That the steps contemplated to widen the Ahmad Nagar Manmad Highway No. A plan was enclosed detailing proposed division while certain areas and facilities were to be enjoyed in common. We are, therefore, of the opinion that the terminal tax under s. Contending further on Advocates (talks about it) the doubt raised by the High Court on the timing of incident, learned counsel submitted that the High Court has laid a lot of emphasis on the presence of semi-digested food in the medical report and has held that it totally contradicts the case of prosecution with regard to the time of occurrence of the offence, whereas the doctors (PWs 6 the injured Ganga Singh though could not be examined by the prosecution but had been medically examined by PW-6 on the same day corroborating the prosecutions story and the motive of the accused to commit the crime was established as they were having enmity with the victim party in respect of a land dispute.
Held, (1) that the magistrate having in fact been specified by the Election Commission, the attestation by him was good attestation, and the rejection of the nomination paper was improper,(2)that in the case of an improper rejection of a nomination paper there was a presumption Advocates (talks about it) that the result of the election had -been materially affected, and (3) that the whole election, including that of the Schedule Caste candidate, was void. 2(20) local authority means a Council or a Municipal Corporation constituted under the Bombay Municipal Corporation Act (now the Mumbai Municipal Corporation Act), or the Bombay Provincial Municipal Corporations Act, 1949 or the City of Nagpur Corporation Act, 1948, or Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, or a village panchayat constituted under the Bombay Village Panchayats Act, 1958.
68% share and interest in the property/open space of Respondent No. What follows is that the High Courts Act is a special law for the High Court concerned, the Code of Civil Procedure being a general law applicable to all courts. As the appellants have failed to demonstrate, any prima face case against the Nagar Panchayat, and the relief of injunction against it is also incomprehensible on the touchstone of the balance of convenience and irreparable loss, no interference by this Court in the exercise of its jurisdiction under Article 136 of the Constitution of India is warranted.
Hemalathas case (supra) has therefore been wrongly decided and must therefore be overruled. It was thus concluded that the impugned notice had been issued for removal of the structures of the appellants to espouse a public cause. A perusal of entire evidence on record would clearly establish the place of occurrence and that the prosecution has succeeded in proving the guilt beyond all reasonable doubt.
The appellant will have its costs in this court and in the High Court. The Judgment of the Court was delivered by IMAM J. Negating the finding of the High Court as to the place of occurrence, learned counsel submitted that the High Court did not consider the case in its proper perspective. (c) A scheme for division as contemplated under Rule 17 was therefore prepared on 16. Section 56 of the Act 1966 was adverted to also to record that the same empowered the planning authority to direct discontinuance of a particular use of land or any building or order removal thereof, having regard to the development plan, if construed to be expedient in the interest of proper planning.
This according to us really concludes the matter in favour Advocates (this link) of the appellants. 10 and also the roads leading to the temple were in public interest was emphasized. 66(1)(o) is not leviable on goods which are in transit and are only carried across the limits of the Municipality, and would therefore allow this appeal, reverse the decision of the Nagpur High Court. While dismissing the petition, the Nagar Panchayat/Municipal Council was restrained from evicting the appellants for a period of three months.
The evidence on record clearly reveals that the Investigating Officer had recovered the blood stained roll of the clay and the plain clay from the place of incident, which was sent for examination wherein on analysis, human blood was found on the same. Learned counsel, therefore, prayed that considering the abundant and cogent evidence available on record, this Court should exercise its powers under Article 136 of the Constitution of India and set aside the impugned judgment and order by convicting the accused.
-This appeal comes before us on a certificate granted by the Madras High Court that the case was a fit one for appeal to this Court as it involved two important questions, namely, the powers of the Government under section 64-A of the Motor Vehicles Act, 1939, as amended by the Motor Vehicles (Madras Amendment) Act, 1948 for the State of Madras (hereinafter referred to as the Act), to interfere with the orders of subordinate Transport Authorities on the ground of propriety and the limits of judicial review which the courts have under article 226 of the Constitution of India.
32% share and that the right/title and interest in the property/land including additional FSI that might be available in future in respect of these buildings would also be in same proportion. Even the evidence of eyewitnesses PW-1 Bhola Singh and PW-2 Baijnath Singh is very much consistent on the said aspect and, therefore, the High Court was wrong to raise a dispute on the place of occurrence. 1 - Society while the other Building having ˜B and ˜C Wings had 58.
After setting out the Advocates (talks about it) Advocates [talks about it] areas of both the buildings, it was stated that ˜A Wing Building had 41.