Fascination About Advocate In Chandigarh
The King (1) it was Advocates (news) held that a valid sanction on separate charges of hoarding and profiteering was essential to give the Advocates - news - court jurisdiction to try the charge. Applying this rule, if the contention of the appellants is to be accepted, then Art. 26(b) must be read subject to Art. 7,000 would be entitled to nominate one student each for admission into the College, and that those students called nominees should pay, in addition to the usual fees and charges, a capitation fee of Rs.
Without such sanction the prosecution would be a nullity and the trial without jurisdiction. After the State took over the management, it introduced certain modifications in the rules, and it is with these new rules that the present petition is concerned, the petitioner having been admitted under them. -This is an appeal by special leave against the order of the Madhya Bharat High Court dated Advocates (talking to) July 9, 1955, rejecting an application filed by the appellant under Art.
Even if Grigsby were taken as the prevailing interpretation of the law, it does not state that all assignments must be accepted regardless that they are in bad faith. Then came the rule which is at the root of the present controversy. We must accordingly hold that Art. 25(2)(b) will be put wholly out of operation, in the latter, effect can be given to both that provision and Art. 25(2)(b) will become wholly nugatory in its application to denominational temples, though, as stated above, the language of that Article includes them.
This Court has recently had occasion to consider the question about the applicability of the Code of Civil Procedure to the proceedings before the Labour Appellate Tribunal in Mills. The fact that the Government provides tax deductions under Section 80C of the Income Tax Act, 1961, that Life Insurance is not liable to be attached and sold in execution of a decree under Section 60 of the Civil Procedure Code, and that Life Insurance is guaranteed by the Central Government under Section 37 of the LIC Act indicates that it is a measure of social security, so the power to refuse ˜bad faith assignments should be allowed on the grounds of public policy.
It becomes clear from a perusal of the case law adverted to by the learned senior counsel appearing on behalf of the appellant Temple Committee that a judgment can be said to be per incuriam when it is passed in forgetfulness or ignorance of a statute operating in that field. That takes us to the two other points raised by the appellants in Appeal No. 21 as well as under s. In place of the rule that "Madhya Bharat students are exempted from capitation fees" a Dew rule was substituted, which runs as follows: It provided that "Madhya Bharat students are 1219 exempted from capitation fees".
Excluding the seats which have thus to be reserved for the nominees, the remaining seats were thrown open to all eligible applicants who came to be called selfnominees, and the requisite number was selected from among them on the basis of merit. The first point which has been raised in this appeal by the appellants about the jurisdiction of the appellate tribunal to review its own orders in appropriate cases under O. It was argued that -under the Constitution there -can be only a single citizenship for the whole of India, and that it would run counter to that notion to hold that the State could make laws based on domicile within their territory,.
The following Judgment of the Court Advocates (news) was delivered by IMAM J. 47 of the Code of Civil Procedure. The provisions of the Temple Act, 1955, which is the principal Act that applies to the Lord Jagannath Temple, Puri were not adverted to at all. (Vide 1952 Calendar, page 5 and Exhibit G). The notification dated 18. 10 of the Industrial Disputes (Appellate Tribunal) Act, 1950, as well as the relevant rules and orders framed under the Act were considered and it was held that the Code of Civil Procedure applies to the proceedings before the appellate tribunal with the result that the appellate tribunal can exercise its powers under O.
26(b) in all matters of religion, subject only to this that as regards one aspect of them, entry into a temple for worship, the rights declared under Art. legal system it is a federal one. Finally, it has been argued once again that Section 38 is merely procedural, and the substantive law is to be found and extrapolated from Common Law. 25(2)(b) will prevail. While, in the former case, Art. 1974 vested the estates of Lord Jagannath, Puri in the State Government in view of the amended provision of the proviso to Section 2(oo) of the OEA Act, 1951 inserted by way of an Amendment in the year 1974.
Banerjee (Civil Appeal No. On the other hand, if the contention of the respondents is accepted, then full effect can be given to Art. The judgment in the case of Lord Jagannath was passed only on consideration of the OEA Act, 1951. The trend of judicial opinion, in our view, is that stare decisis is not a dogmatic rule allergic to logic and reason; it is a flexible principle of law operating in the province of precedents providing room to collaborate with the demands of changing times dictated by social needs, State policy and judicial conscience.
