Detailed Notes On Advocate In Chandigarh

-The Labour Appellate Tribunal at the very outset of its judgment under appeal Advocates (their explanation) states its finding on the merits of the action proposed to be taken by the company as follows:- "There can be little doubt that the retrenchment has been occasioned by the failure of the concern to secure sufficient work owing to absence of licenses from Government and, therefore, retrenchment must be regarded as inevitable and the application before us bona fide.

1401 declaratory decree declares the right of the decree-holder to another decree passed in an earlier suit, there is no divesting of interest of one person and' vesting of it in another. 29 its appurtenances but also of furnishings, electric in- stallations and other amenities agreed between the parties to be provided by and at the cost of the land-lord, the conclusion is irresistible that all that is included in the term "rent" is within the purview of the Act and the Rent Controller and other authorities had the power to control the same.

Permission to retrench cannot be refused but for the reasons that we shall state hereafter we make that permission conditional upon the fulfilment of certain terms by the concern". ) on the basis of selection and then on the basis of order passed by the Single Judge upholding his appointment and lastly, on the basis of stay granted by this court on 27. Thus, after considering some undisputed facts Advocates (that site) like occurrence of incident at night, at a place with improper lighting and all the accused-appellants were not known to the forest officers, except one present at the place of incident, there should have been TIP conducted at the instance of the investigating officer.

In these circumstances, conviction of the accused was upheld on the basis of solitary evidence of identification by a witness for the first time in court. Another important fact which the High Court has failed to appreciate is that the prosecution witness identified the accused-appellants in court for the first time, during trial, in the year 1997-98 and the incident occurred in the year 1995. "For the purposes of trial or decision of any case or proceeding parties of which are residents of different circles or different districts or any one of the parties is a resident of a place not governed by the Act, the prescribed authority having jurisdiction over the Panchayati Adalat in which a case or proceeding is instituted or transferred for disposal shall constitute a special bench consisting of Panches of the said Panchayati Adalat and if convenient and possible may include a Panch of the other circle and shall appoint one of them as Chairman of the bench unless the Sarpanch is a member of it".

However before taking any action against the individuals they shall be issued show cause in the matter and thereafter decision will be rendered in accordance with law. -This is an appeal with special leave from the judgment of the Judicial Commissioner, Ajmer, restraining the District Magistrate, Ajmer, from holding the elections and Advocates (their explanation) poll to the Ajmer Municipal Committee on September 9, 1955. Sections 2 and 3 of the amending Act are in these terms: After the judgment of the High Court and after the grant of special leave by this court, the Bombay Legislature enacted Act LIV of 1954 which was published in the Bombay Gazette on the 14th 1281 October 1954.

In view of these considerations we overrule the first- contention raised on behalf of the appellant. Let this exercise be completed within a period of four months. The Judgment of the Court was delivered by BHAGWATI J. The appeal is allowed to the aforesaid extent. Apart from the Courts of Small Causes and Courts established under other enactments, the Punjab Courts Act, 1918 makes provision for three classes of Civil Courts, namely- (1) the Court of the District Judge, (2) the Court of the Additional Judge, and (3) the Court of the Subordinate Judge.

The decree not being in existence at the date of the transfer cannot be said to have been transferred by the assignment in writing and the matter resting merely in a contract to be performed in the future which may be specifically enforced as soon as the decree was passed Advocates (their explanation) there would be no transfer (1) [1869] 12 M. In the circumstance we set aside the impugned judgment and order passed by the Division Bench of the High Court and dismiss the writ petition.

Therefore, the identification of the accused-appellants by the prosecution witness for the first time after a gap of more than 2 years from the date of incident is not beyond reasonable doubt, the same should be seen with suspicion. There is no transfer at all and, therefore, the person in whose favour the declaratory decree is passed does not fall within Order XXI, rule 16, Code of Civil Procedure. These considerations would necessarily have to be borne in mind while the Industrial Tribunal is adjudicating upon the disputes which have been referred to it for adjudication.

167 the manner it is used to do in the case of other industries here the conditions of employment and the work to be done by the employees is of a different character. 20) Fourth, the appellant has been continuously working on the post for the last 26 years (approx.