Everything About Lawyer In Chandigarh

In both the eventualities, in our opinion, the investigation has to be faulted as inefficient, incomplete and incautious with the inevitable consequence of failure of the prosecution in the case in hand. That being so, it comes well within the protection of article 19(6) and the impugned notification cannot be challenged as violative of the fundamental right guaranteed under article 19(1)(f) and (g). 4 (1990) 3 SCC 1 held thus:- 8. Specific performance will not be ordered if the contract itself suffers from some defect which makes the contract invalid or unenforceable.

Where a valid and enforceable contract has not been made, the court will not make a contract for them. We would hasten to add that these observations are by no means suggestive of the complicity of the respondent Nos. J (Jagdish Singh Khehar) . The restriction which is imposed upon the cane growers in regard to sales of their sugarcane to the occupiers of factories in areas where the membership of the 448 Canegrowers' Co-operative Society is not less than 75 per cent. The power which is given to the Cane Commissioner under section 15 of the Act for declaring reserved or assigned areas is well defined and guided by the considerations set out in Advocates (navigate to these guys) Rule 22 of Chapter 6 of the U.

J New Delhi; (Adarsh Kumar Goel) December 16, 2015 ITEM NO. "There is nothing in the affidavit of Mr. The same is the position with regard to notification dated 27th September, 1954. of the total cane growers within the area is a reasonable restriction in the public interest designed for safeguarding the interests of the large majority of growers of sugarcane in the area and works for the greatest good of the greatest number. "The following property is liable to attachment and sale in execution of a decree namely, lands, houses, or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgmentdebtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by Advocates (navigate to these guys) another person in trust for him or on his behalf".

Thus, if the persons cited as eye-witnesses by the investigating agency retract from their version made before the police, then either they have been wrongly projected as eye-witnesses or they have for right or wrong reasons resiled from their earlier narration. 3 SECTION X, XVIA, PIL IN THE SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). It is, therefore, necessary first to see whether there has been a valid and enforceable contract and then to see the nature and obligation arising out of it.

Bambawala to suggest that it is now that the detaining authority is claiming privilege or applying its mind to the question of privilege. The meaning is clear that at no time it was in public interest to disclose the details referred to in the particular paragraph of the affidavit and there is nothing to suggest that this question was not considered by the detaining authority at the time when the grounds were furnished".

As the trial is pending for the present, we refrain from commenting on their testimony, except that they seem to have resiled from their statements under Section 161 of the Code. Sugarcane (Regulation of Supply and Purchase) Rules, 1954 and is further conditioned that he has to consult the factory and the Canegrowers'Co-operative Society, ,and his orders made thereunder are subject to an appeal to the State Government at the instance of the party aggrieved.

Prior thereto however as per the materials laid before this Court, several eye-witnesses cited by the investigating agency have been examined. The power is not absolute nor is it unguided and, therefore, does not fall within the mischief of article 19(1)(f) and (g) and the notification dated 9th November, 1955 cannot be impugned on that ground. This cannot by any means be treated as an uncontrolled or an unfettered power without recourse to any higher authority in the event of his going wrong.

Having regard to the Advocates; navigate to these guys, manner in which the offence had been committed, it is incomprehensible that there was no eye- witness to the incident. 13/2015 SUPREME COURT Advocates - see,-ON-RECORD ASSOCIATION AND ANR. Such a fall out also spells a dismal failure of the state machinery as a pivotal stake holder in the process of justice dispensation to protect and assure the witnesses of their safety and security so to fearlessly testify the truth. In a case of specific performance it is settled law, and indeed it cannot be doubted, that the jurisdiction to order specific performance of a contract is based on the existence of a valid and enforceable contract.

The discretion of the court will be there even though the contract is otherwise valid and enforceable and it can pass a decree of specific performance even before there has been any breach of the contract. The contract being the foundation of the obligation the order of specific performance is to enforce that obligation. The Law of Contract is based on the ideal of freedom of contract and it provides the limiting principles within which the parties are free to make their own contracts.