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149 there need not be a prior concert and meeting of minds, it is enough that each has the same object in view and their number is five or more and they act as an assembly to achieve that object. In such a situation the structure also would be the property of Government, though for the time being it may be at the disposal of the Trust for the purpose of managing it efficiently as a statutory body. 34 of the Indian Penal Code and common object set out under s.

The case is not on all fours with the Advocates (prev) facts of the present case. (as he then was) at p. Common intention required by s. Gokhale is right in his contention, it is clear to us that if the workmen commence or continue a strike for the only reason that the employer has made an illegal change, they come within the express terms of s. But the following observations of Das J. In an application for certiorari to quash an order of the Controller made under this enactment, it was argued for him that the words of the Regulation left the matter to his subjective satisfaction, that his decision therefore was not liable to the questioned on the ground that, in fact, there existed no reasonable ground therefor; and the decision in Liversidge v.

It is immaterial Advocates (check this link right here now) whether the change is subsequently found by the Labour Court to be a legal change. That apart this Court Advocates (prev) has, on several occasions, referred disputes for amicable settlement through the Mediation Centre functioning in the Supreme Court premises itself and Mediation Centres across the country in a large variety of disputes including (primarily) matrimonial disputes. 22(2) of the Income Tax Act were issued to the petitioner by the Income Tax Officer, District III, Calcutta to submit returns for the years 1950-51, 1951-52, 1952-53, 1953-54 and 1954- The assessments for the years 1948-49 and 1949-50 Advocates (prev) were made by the Income Tax Officer, District III, Calcutta.

Sir John Anderson(2) was relied on as establishing that position. Even assuming that Mr. In negativing this contention, Lord Radcliffe observed that the words "where the Controller had reasonable grounds to believe" might mean either "where it is made out to his subjective satisfaction" or "where there are reasonable grounds on which be could believe", and that whether the words were (1) [1951] A. The question of the ownership of the structure built upon Government land by the Trust may be looked at from another point of view.

149, though they sometimes overlap, are used in different senses and should be kept distinct. If any question arises as to the (1) [1950] INSC 38; [1950] S. In the impugned order herein, the learned single Judge has observed that no doubt the withdrawal from prosecution is an executive and non- judicial act but there is a wide discretion with the court, which ought to be exercised judicially on well established principles.

In spite of the encouragement given by this Court, for one reason or another, institutionalized mediation has yet to be recognized as an acceptable method of dispute resolution provoking Mr. By sub-section (1), where an assessee carries on a business, profession or vocation at any place, he shall be assessed by the Income-tax Officer of that area in which that place is situate or where the business, profession, or vocation is carried on at more than one place by the Income- tax Officer of the area in which the principal place of business, profession or vocation is situate.

The petitioners registered firm-has its head-office in Calcutta where its books of account are kept and maintained and where it has its banking account, the members of the firm being citizens of India. That is to say, the court has to be satisfied that the executive function of the Public Prosecutor has not been improperly exercised or that it is not an attempt to interfere with the course of justice for illegitimate purposes. It is within these parameters, the judicial discretion is to be exercised.

Since its inception the firm has all along been assessed to income-tax by the Income-Tax Officer, District III, Calcutta. Turning now to the Indian Income-tax Act, 1922 we find that section 64 makes provision for determining the place of assessment. Simply because the Trust erected the structure in question and later on paid up the amount advanced by Government for the purpose would not necessarily lead to the,legal inference that the structure was the property of the Trust.

'State of Bihar recognises and accepts as valid the leases granted to the appellant Company whether granted by the Court of Wards or the Raja under the license of 26th March 1915 (as extended by the supplementary documents of 1917 and 1937). There, the Board was considering the meaning of the words "where the Controller has reasonable grounds to believe" occurring in a Regulation of Ceylon. 195 of the report are pertinent:- " It is true that the lessee erected the building at his own cost but he did so for the lessor and on the (1) [1952] INSC 54; [1953] S.

In all other cases, according to sub-section (2), an assessee shall be assessed by the Income-tax Officer of the area in which he resides. In this connection reference may be made to the decision of this Court in Bhatia Co-operative Housing Society Ltd. We have already held that the Trust was in the position of a statutory agent of Government and had erected the structure with money belonging to Government but advanced at interest to the Trust.

Nariman to comment in the same Foreword in the context of the Afcons decision that Mediation must stand on its own; its success judged on its own record, un-assisted by Judges.