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Seasoned Lawyers in Supreme Court of India - Advocate Simranjeet Singh Sidhu +919876616815 - What.

We have not thought it fit to examine the record or the orders below in any detail, because, in our opinion, it is not the function of the High Court or of this Court to do so. 226 and 227 of the Constitution. He claimed only to be-the manager of the village for and on behalf of the deity, Shri Balaji, and did not claim any private ownership. In this action a notice had to be sent to the third party injured who was given a right to join as a party and oppose the action.

Next the Road Traffic Act, 1930, introduced a scheme of compulsory insurance. (b) All the petitioners shall be entitled for allotment of developed Abadi plot to the extent of 10% of their acquired land subject to maximum of 2500 square meters. All I can see is a man who has been wronged and I can see a plain way out. He also referred to the family settlement of 1801, and stated that the other villages were also similarly given to the deity.

226 of the Constitution is limited to seeing that the judicial or quasi-judicial tribunals or administrative bodies exercising quasijudicial powers, do not exercise their powers Lawyers in Supreme Court of India excess of their statutory jurisdiction, but correctly administer the law within the ambit of the statute creating them or entrusting those functions to them. (Shawcross on Motor Insurance, 2nd Edn. The High Court, in its several judgments and orders, has scrutinized, in great detail, the orders passed by the Excise Authorities under the Act.

In the result, the appeals are dismissed. 10(3) of the Road Traffic Act, 1934, gave the insurer a right to obtain a declaration that he was not liable on the policy due to non-disclosure or misrepresentation as to 172 a material fact. However, keeping Lawyer in Supreme Court of India view the fact that some of the members of the appellant may have built their houses on the sites allotted to them, we give liberty to the appellant to negotiate with the respondents for purchase of their land at the prevailing market price and hope that the landowners will, notwithstanding the judgments of the High Supreme Court lawyers and this Court, agree to accept the market price so that those who have built the houses may not suffer.

Here is Government straining to temper justice with mercy and we, the Courts, are out Shylocking Shylock in demanding a pound of flesh, and why? 36 Of the English Act is substantially reproduced in s. We however, leave it open to the Authority in cases where allotment of abadi plot to the extent of 6% or 8% have already been made either to make allotment of the balance of the area or may compensate the land owners by payment of the amount equivalent to balance area as per average rate of allotment made of developed residential plots.

The jurisdiction under Art. 5 of the Motor Vehicles Act. The submission of the appellants has been countered by the respondents and in the written submissions filed by the GDA, it is stated that the houses/structures and buildings which are claimed to exist, have been raised by the appellants subsequent to the notification under Section 4(1) of the Act and, therefore, they are not entitled to release of their land from acquisition.

" I will have none of it. The object was that claims of injured third parties should not fail because the assured had not complied with or committed a breach of certain conditions in the policy. He observed that in the case of Devasthan inam the idol was the grantee and the real owner, and since the property Had to be managed by a human beinG, the so-called manager therefor managed the villages on behalf of the deity. The Act has created its own hierarchy of officers and Appellate authorities, as indicated above, to administer the law.

because this writ in the bond. Section 38 of the Act of 1930 made certain conditions of the policy ineffective so far as third parties were concerned. shall, after the expiry of two years from the commencement of the Indian Companies (Amendment) Act, 1944, employ or be, managed by a managing agent, or any person whose remuneration or part of whose remuneration takes the form of commission or a share in the profits of the company, or any person having a contract with the company for its management for a period exceeding five years at any one time ; It was submitted by the appellants that houses/structures and buildings (including educational building) are existing on the subject land and as per the policy framed by the State Government, the land deserves to be exempted from acquisition.

Section 35(1) made third party insur- ance Compulsory. In the instant cases, the High Court appears to have gone beyond the limits of its powers under Arts. (b) a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature. At that time, he referred to the Land Alienation Register and produced a certified copy of the Register to show that Shri Venkatesh was shown as the alienee.

These later documents may not bind the appellant, who was a minor at the time, but as late as December 1, 1927, the appellant himself stated that village in question (Savergaon) was a Devasthan inam, and was alienated to the deity, Shri Venkatesh, who was the owner. This was the third action. So long as those Authorities function within the letter and spirit of the law, the High Court has no concern with the manner in which those powers have been exercised.

Section 94(1) of the Motor Vehicles Act is worded Lawyers in Supreme Court of India the Same Way.

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It will be convenient and in fact necessary for the purposes of present adjudication to take a careful note of the provisions of Sections 44BB, 44D and also clause (vii) of Explanation 2 to Section 9(1) of the Income Tax Act, 1961 (hereinafter for short the ˜Act). Delhi Administration (3) this Supreme Court Law firms has upheld the validity of s. 7 empowers the Government to exempt dealers from tax, and s. 15,000, the subject-matter of the trust deed, and the moneys spent for building the house, is that of Govindprasad in the earlier suit, viz.

The State of Saurashtra (1) marked a retreat from the position taken up by the majority in the earlier case of Anwar Ali Sarkar He, however, added that the Saurashtra case (1) would seem to lay down the principle that if the impugned legislation indicates the policy which inspired it and the object which it seeks to attain, the mere fact that the legislation does not itself make a complete and precise classification of the persons or things to which it is to be applied, but leaves the selective application of the law to be made by the executive authority in accordance with the standard indicated or the underlying policy and object disclosed is not a sufficient ground for condemning it as arbitrary and, therefore, obnoxious to Art.

16 authorises the making of rules to carry out the purposes of the Act and cl. This section shows that the incidence of taxation can be attracted only where the gross turnover of the dealer exceeds Rs. 16 which confers the general \rule making power, i. Section 6 empowers the State Government to exempt sale of any goods or class of goods from the levy of tax under this Act subject to the conditions specified in the section, whereas s.

10,000 shall be liable to pay tax on sales which have taken place in Bihar oil and from the date of the commencement of the Act. The sale of any goods declared from time to time as tax-free goods under s. 36(1) of the East Punjab Public Safety Act 5 of 1949. (a) of sub-section (2) of that section specifically authorises the specification of diseases or conditions to which the provisions of s. The appellant, whose duty it was to care for this unfortunate lady as a friend and as her medical adviser, deliberately set about first to ingratiate himself in her good opinion, and becoming her confidant, found out all about her affairs.

The explanation to this section indicates what the taxable turnover for the purpose of the section means. " There is is one more decision to which reference may be made. This conduct is so knit together as to make a net-work of circumstances pointing only to his guilt, 519 The case is one of extreme cunning and premeditation. The provisions of this section authorised the State Government to apply the prescribed summons procedure for the trial of the specified offences Lawyer in Supreme Court of India dangerously (1) [1952] INSC 11; [1952] S.

4 of the Act was valid and that the special court had jurisdiction to try- and convict the, appellants. , it delegates to the administrative authority the power to frame rules and regulations to subserve the object and purpose of the Act. 204 of 1931, and it has been marked as Ex. It is the first sub-section of s. , elaborately considered the earlier decisions of this Court to which we have already referred, applied the tests laid down therein, and held that s.

6 is one of those items. , however, did not agree and recorded his dissent with deepest regret. In dealing with the merits of the controversyraised before the Court Patanjali Sastri, C. Pronouncing the majority judgment in that case Patanjali Sastri, C. 3 and to those that may under the last part of clause (d) be specified in the rules made under s. Section 5, prescribes the rate of tax at six pies in a rupee on the taxable turnover. (2) [1952] INSC 1; [1952] S.

The first 'sub- section of is. 10,000 and in 338 determining this prescribed minimum. " Taxable turnover " according to this explanation means that part of a dealer's gross turnover on sales which have taken place in Bihar during any period which remains after deducting therefrom the items specified in cls. He has stated therein that he had some deposits in banks and that out of affection he set apart Rs.

(a) and (b) of the explanation. 8 authorises the Government to prescribe points at which goods may be taxed or exempted. The provisos to this section confer specific powers on the State Government; the first proviso which is relevant for our purpose empowers the State Government by notification to fix a higher rate of tax not exceeding one anna in a rupee or any lower rate of tax in respect of sale of any goods or class of goods specified in such notification subject to such conditions as it may impose.

The interdiction under the Act is applicable to conditions and diseases set out in the various clauses of s. , referredto the fact that according to the dissenting view " thedecision of the majority in the case of Kathi Baning Rawat v. The only direct evidence Advocate in Supreme Court of India regard to Rs. These arguments, however, are of no avail, in view of the appellsnt's entire conduct now laid bare, which conduct has been proved to our satisfaction to have begun not after the death of Laxmibai but much ,earlier.

sales which take place both in Bihar and outside are taken into account.

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It is reasonable to think that in the bag Laxmibai had taken a few wearing apparels which she might need for her stay in Bombay which the evidence shows she thought would not be of more than four days. If that be so, as soon as two of the five named persons are acquitted, the assembly must be deemed to have been composed of only three persons and that clearly cannot be regarded as an unlawful assembly. 1978 declared their intention not to negotiate, the contract stood frustrated, and therefore, the question of specific performance of the contract did not arise.

So it seems to me impossible to draw any inference against the appellant from the fact that he had taken the unconscious Laxmibai to the comparatively distant G. Now the bedding and bag can be dismissed at once, 543 There is no evidence as to what they contained. 141 inapplicable which inevitably leads to the result that S. Mouskar was not in charge of the treatment of patients in the hospital but only performed administrative functions and that the unconscious Laxmibai would have to be treated by other doctors.

We have already observed that the point raised by the appellants has to be dealt with on the assumption that only five persons were named in the charge as persons composing the unlawful assembly and evidence led in the course of the trial is confined only to the said five persons. Hospital, she had no ornaments on her person and no moneys with her and even her bag and bedding had disappeared. The box and the bedding, must, therefore, have been of very insignificant value.

As regards ornaments, the evidence is that usually she wore certain ornaments which might be of some value. The proponement propounded by Mr. There was no time period provided for obtaining consent from the labour union and once the Labour Union on 05. Terms of the policy are to be strictly construed. The bodies of these documents are in the handwriting of the appellant. 149 cannot be invoked against the appellants.

Gupta, on a first blush, seems quite attractive, but on a keener scrutiny it has to pale into insignificance. The removal of the ornaments would have been noticed by the other passengers or if done later, by the stretcher bearers or the taxi driver. " On May 31, 1954 the Sub-Divisional Magistrate, Darjeeling, issued process against the appellant to appear on June 21, 1954, and on the same day the case was transferred to Mr. Lawyer in Supreme Court of India our opinion, on the facts of this case, this argument has to be upheld.

19) According to learned senior counsel, Clause 6 of the agreement which provides for a period of nine (9) months was only for obtaining No Objection Certificate (NOC) from the Urban Land Ceiling authorities and from the authority for conversion of land from commercial to residential use. The Courts below have thought that the appellant obtained the signatures of Laxmibai on blank papers and filled them in the forms they now stand after the death of Laxmibai and utilised them to misappropriate her moneys.

They were of small sizes. It is suggested that the appellant had removed them and that this again proves that he had conceived the idea of misappropriating her properties even during her life time which supports the theory that he caused her death. It is his submission that payment of premium in respect of uncovered risks shall not bind the Corporation to undertake the liability. It is not at all unlikely that as she was going to Bombay and was not sure where she would have to put up there, she had as a measure of safety, taken off the ornaments she usually wore, before she left Poona.

None of the witnesses, however, who saw her the day she left Poona, has said that they found ornaments on her person. Now it is too much to assume that in the compartment in which they were travelling there were no other passengers. He further submitted that without prejudice to the aforesaid submissions, the Division Bench, even after holding that the learned single Judge erred in looking at evidence and documents which were filed beyond the stated case in the plaint, nevertheless examined the case of the appellant on the strength of even those documents, more specifically, letters dated 05.

They are absolutely specific. The next circumstance is the conduct of the appellant in obtaining from Laxmibai her signatures on the undated notice of withdrawal to the Bank and the withdrawal slip. Mouskar could have done much to help the appellant. The result in my opinion is that the Special Court Judge, Darjeeling has no jurisdiction to try the case instituted before him on a complaint on the 27th of March, 1953.

Clauses 8(a) and 19(a) deal with declarations and the exclusion of liability respectively. I would accordingly quash the proceedings in his Supreme Court of India Lawyers and order that the proceedings now pending against the petitioner in the Supreme Court lawyers of the Sub-Divisional Magistrate, Darjeeling should now be disposed of in accordance with law. There can be no cavil about the proposition of law that Lawyers in Supreme Court of India case of ambiguity, the construction has to be made in favour of the insured. It cannot be said that if these other doctors found anything wrong, Dr.

It is then pointed out that when Laxmibai was admitted to the G. Then again, if the appellant had taken off the ornaments from the person of Laxmibai he must have done it in the train or while taking her to the hospital.

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In this country, however, since the death penalty has been held to be constitutionally valid (See Bachan Singh v. Thereafter, the Law Commission of India brought out a consultation paper on 'Mode of Execution of Death Sentence and Incidental Matters' and made comparative analysis of hanging, intravenous lethal injection and shooting as the mode of execution. (2) There may be a recognisable poison in the sense that there are tests for its detection.

This was so stated in the 35th Report of the Law Commission on Capital Punishment way back in the year 1967. 227 of the Constitution. The Code of Civil Procedure, 1908 contains the provisions under section 20 with respect to institution of the suits where defendant resides or cause of action arose. There is still possibility of death being due to poison in spite of the fact that the poison was not detected in the postmortem examination.

In that case, this Court has laid down that the rules of natural justice vary with the varying constitutions of statutory bodies and the rules prescribed by the Act under which they function ; and the question whether or not any rules of natural justice had been contravened, should be decided not under any pre- conceived notions, but in the light of the statutory rules and provisions. Baron Alderson-, concurring) charged the jury that the discovery of the poison on autopsy, was not obligatory, if they were satisfied on the evidence of symptoms that death had been caused by the ministration of the strychnine.

Simply because it viewed a case in a particular light which may not be acceptable to another independent tribunal, is no ground for interference either under Art. Two reasons can be assigned for non-detection of poison: (1) There are no definite chemical tests for each and every poison. Section 17(2) of the said Act reads thus : National Insurance Co. 5 lakhs to be paid to the Supreme Court India advocates, Court Legal Services Committee, within a period of six weeks from today. In the instant case, no such rules have been brought to our notice, which could be said to have been contravened by the Appellate Authority.

At the same time, even if death sentence is to be awarded, it has to be in accord with due dignity. New Suwarna Transport Co. Be it stated, the initial order was challenged before the High Court of Delhi in W. Palmer's case (2) , strychnine was not detected, and the accused was convicted by the jury after Lord Chief Justice Campbell (Cresswell, J. But the poison may not be detected on account of deterioration of the poison remaining in the body for a considerable time before the postmortem examination and it has undergone decom.

There have been cases in which conviction was maintained, even though the body of the victim had completely disappeared, and it was impossible to say, except on circumstantial evidence, whether that person was the victim of foul play, including poisoning. State of Punjab[9]), we do not have to travel to that extent. Advocates in Supreme Court of India fact, this element of human dignity is well recognized in choosing the mode of execution of death sentence with general consensus that method of execution of death sentence should be such which is certain, humane, quick and decent.

While undertaking this study, the Law Commission also recognized and emphasized standards of human decency in the following words: Recently, this Court in Mohan v. It appears, however, that the last insulin injection was given to her on September 27, 1956, though the appellant stated in his examination as accused in the case that she was put on Nadisan tablets for diabetes. The conduct of Palmer, which was also significant, was stressed inasmuch as he had attempted to thwart a successful chemical analysis of the viscera, and had done suspicious acts to achieve that end.

5 can only mean the withdrawal of that legislative power on and from the date of repeal. 5 of the Constitution Act and the repeal of s. [2010 (1) SCC 135] has also laid down law to the same effect and has discussed the term ˜branch office used in section 17(2) of the Consumer Protection Act, 1986 in the context of cause of action. There are some poisons which cannot be detected on chemical analysis. This Court in Sonic Surgical v. 1 " with costs quantified at Rs. In view of the afore discussion, we allow the appeals, set aside the judgment and order passed by the Lucknow Bench of the High Court of Allahabad, and dismiss the writ petition filed by the Builder " respondent No.

473 The extent to which her treatment, if any, went in the period covered by the case papers may or may not be truly described by the appellant in these papers, but we are definitely of the opinion that the entries there cannot be read without suspicion, in view of the extraordinary fact described by us here. (1) decided on November 5, 1959, held that the proof of the fact of possession of the poison was rendered unnecessary, because the victim died soon after eating pedas given by the accused Lawyers in Supreme Court of India that case, and he had not partaken any other food likely to contain poison.

Section 20 of the Code of Civil Procedure reads thus : 7266 of 2009 and after coming into force of the Armed Forces Tribunal Act, 2007 (for short ˜the 2007 Act) and the constitution of the tribunal the matter was transferred to the tribunal wherein it was treated as an appeal under Section 15 of the said enactment. position or oxidation. 5 of the Constitution-Act would thus leave the Ordinance which was promulgated thereunder entirely unaffected.

(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder;" It will be clear that the promulgation of the Ordinance was a "thing duly done" under s.

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Indeed, the description of the temple as given in the Gazetteer clearly shows that the temple in quite distinct 797 from the residential quarters, and that also is the evidence of the appellant himself. 1 do not see why if the call book was considered to be of that importance, the police could not produce it after Dr. The suit was finally decided in favour of the Dolois by judgment dated 25. 84 carrv his goods on the railway to a place in India with whom Pakistan had no treaty arrangement in the matter of through booked traffic.

Anija's evidence was taken down on August 18 and August 19, 1958. The Courts below have thought that he was lying and was deliberately preventing this call book from coming to light so that Dr. Shah whom she had sent for which in its turn would show that her story that it was Dr. The State of West Bengal(1). It was, however, admitted by Dr. Also in the light of fact that the Maharaja had duly paid the land revenue in respect of these properties and after his death, the respondent"plaintiff had continued to pay the land revenue and other charges towards these properties, they could be treated as personal properties of the Ruler.

The result was that the appellant's prayer for quashing the pro- ceedings was rejected and the appellant has come in appeal by special leave against this decision of the High Supreme Court of India Lawyers. which used the expression ˜five pandas of Kamakhya Dham. 45 of 1919 under Section 92 of the Civil Procedure Code was filed against the then two Dolois, seeking a fresh scheme for management of endowment known collectively as Kamakhya Endowment inclusive of Maa Kamakhya Temple or Devalaya.

It was actually produced from the hospital and must have been lying there all the time. The object of that suit was held to be an attempt to supersede the Bordeoris from their exclusive management and control and substitute them with a body consisting of all subordinate Shebaits belonging to Brahmins of Nanan Devalayas as well as non Brahmins. With regard to the installation of the idol on the first floor, we have already mentioned that the staircase from the ground leads direct to the sanctum.

Anija's statement that she had been told by Dr. Saify, the Registrar, to make the alteration in the case paper is false. Saify was on duty on November 13 and therefore prevented the call book from being produced. Saify who had asked her to make the alteration in the case paper was false. A title suit bearing no. Both the parties have referred to the said judgment in detail not only to demonstrate the custom which empowered the four Bordeori families to elect Dolois which is the main issue decided by the judgment but also to highlight the claim of the Bordeoris and the Dolois that they being the sole trustees of the endowment were alone competent to elect the Dolois to supervise the affairs of the temple.

It was then installed at Nasik ' Where a big temple has grown. Mouskar in his evidence about Dr. Anija might not be contradicted by her own writing that it was Dr. No doubt, in some portions of this building the family of the Pujadhikhris reside without any objection from any person The extensiveness of the building makes it impossible to think that they are residing within the temple, or that the Thakurbari is within their private residence.

The next thing to be noticed is that there is 558 nothing on the record to show that Dr. Mouskar was interested in establishing that Dr. The judgment reveals that the bordeoris who earlier belonged to five principal families of priests attached to the main temple at Kamakhya, now reduced to four families, were found to be not only the de facto but also de jure trustees of the entire concern in the Kamakhya Scheme of Endowment and the Dolois were really their agents or managers.

In that situation the authority in the agent must necessarily be implied to appoint the Forwarding Railway to act for the consignor during that part of the journey of the goods by the Indian Railway; and, if so, by force of -the said section, the Forwarding Railway would be an agent of the consignor. No question was put to him as to whether the deities there, were firmly installed or moveable, He, however, admitted that the text of Prathista Mayukha did not mention that the idol should not be installed on an upper storey.

Mouskar had said in his evidence that he could not trace this call book. Mouskar had left office. It is clearly available on record that in accordance with Section 158(2) of the Madhya Pradesh Land Revenue Code, 1959 the respondents father had acquired the rights of bhumiswami over one of these disputed lands, namely the Mohana Bir as per letter dated 22nd July, 1963 of the Tehsildar of Depalpur District, Indore (Annexure R/9). It was first placed inside the house of Bapaji Buva at Juniar, and was removed from that place as a result of instructions vouchsafed by the deity itself to Bapaji Buva's successor.

403 of the Criminal Precedure Code or the "subsequent change in the law introduced by the Supreme Court lawyers Supreme Court of India Advocates decision " in Kedar Nath Bajoria v. Kurtkote that the deity at Bindu Madhav temple at Benares Advocates in Supreme Court of India also installed on the upper storey, though he explained that beneath the idol there is a solid stone pedestal, which runs right from the ground to the first floor. In our opinion, in the absence of any text prohibiting the installation of the deity on an upper floor, we cannot draw any inference that the temple is private.

Mouskar's evidence was concluded on August 25, 1958, and he had retired from the office of the Resident Medical Officer on August 14 preceding. The word ˜Bordeori or ˜Panda in relation to five families of Bordeoris was found used in old copper plate dated 1686 Saka era which was in force in Assam at that time and also in a parwana issued by the Commissioner of Assam to the Managing Bordeori in 1827 A.

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The words used in cl . Clauses 5 and 6 of the Order made it obligatory on the importers to notify quantities of non-ferrous metal imported and to maintain certain books of account, while the last clause, i. 4 of the Order is not effective. It may be pertinent to point out that the High Court did not accept the preliminary objections raised by the respondent and after repelling the same, it adverted to the subject matter of the writ petitions.

4 as it is now ,Worded is not within the - saying provisions of Arts. It was contended on one side that the contract was void ab intio and on the other side that, even on the allegations in the plaint, the contract was not ab initio void. It is for this reason that the courts have consistently insisted that such procedural fairness has to be adhered to before a decision is made and infraction thereof has led to the quashing of decisions taken.

There is no escape therefore from the conclusion that so long as principles are not specified by the Central Government by an Order notified in accordance with sub-s. We have already pointed out that, in view of the judgment of this Supreme Court of India Advocate in Durga Shankar Mehta's Case (2)there was no improper (1) [1956] INSC 84; (1957) S. But without the principles, cl. The learned Judge, on the facts of that case, held that no case had been made out for staying the suit and therefore dismissed the application filed by the defendant for stay of the suit.

It is not possible to build on the use of the words " may specify " in cl. There the question was whether an arbitration clause which was expressed in wide terms would take in a dispute raised in that case. It is on the aforesaid jurisprudential premise that the fundamental principles of natural justice, including audi alteram partem, have developed. Birla Jute Manufacturing Co. The learned Judge was not called upon to decide the present question, namely, whether an arbitration clause survived in spite of substitution of the earlier contract containing the arbitration clause by a fresh one, and therefore we do not think that it is necessary to express our opinion on the principles culled out and enumerated in that decision.

On the merits of the issue involved, the High Supreme Court India lawyers, formulated two questions . An equally illuminating judgment of Das, J. The learned Judge exhaustively considered the case-law oil the subject and deduced the principles and enumerated them at p. 19(5) and 19(6) of the Constitution, and is void as taking away the rights conferred by Arts. Enforcement of the provision that no person shall acquire or agree 392 to acquire except under a permit, would thus, so long as the principles are not specified in a legal manner as required by sub-ss.

The High Supreme Court of India Lawyers, in our view, has missed the real point raised before it. In many statutes, provisions are made ensuring that a notice is given to a person against whom an order is likely to be passed before a decision is made, but there may be instances where though an authority is vested with the powers to pass such orders, which affect the liberty or property of an individual but the statute may not contain a provision for prior hearing. 3 the regulation by cl.

This Order was published in the Gazette of India on April 2, 1958. But what is important to be noted is that the applicability of principles of natural jsutice is not dependent upon any statutory provision. (5) and laid before both Houses of Parliament in accordance with sub-s. 4 an argument that so long as no principles are specified the Controller would have authority to issue permits by exercise -of his own judgment and discretion. 4 do not permit such a construction and compel the conclusion that so long as the principles are not specified by the Central Government no permit can be issued by the Controller.

, as he then was, in Tolaram Nathmull v. 19(1)(f) and 19(1)(g). 7 confers powers on the Controller to enter and search any premises Lawyers in Supreme Court of India order to inspect any book or document and to seize any non-ferrous metal in certain circumstances. The relevant portion of this com- munication is in these words: No principles specified by the Central Government in accordance with cl. 4 of the Order were however published either on this date or any other date. Certain principles were however specified by the Central Government in a communication addressed by the Deputy Secretary to the Government of India dated April 18, 1958, to the Chief Industrial Adviser to the Government of India, New Delhi.

On the face of it this could not be a reasonable restriction in the interests of the general public. 3 of the Essential Commodities Act, would mean a total stoppage of the Copper trade-not only of the transactions of dealers but of any transaction whatever in imported copper. (1) is strongly relied upon by the learned Counsel for the appellant. The principle has to be mandatorily applied irrespective of the fact as to whether there is any such statutory provision or not.

The system of permits which this clause is designed to introduce can come into existence only if the permits can be issued; but permits can be issued only in accordance with the principles laid down by the Central Government.

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Subramanium has referred to Regina v. With regard to the money, she must have brought some with her to meet her expenses lawyers in Supreme Court Bombay. It is more than likely that she had entrusted the moneys to the appellant for safety which the appellant never returned. This question may arise at any stage of the proceeding. None of these persons was called. and drawn our attention to the Article by J. " The freedom of speech and of press are fundamental personal rights it rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public.

Therefore, it seems to me that on the evidence on record it cannot be said definitely that the appellant removed any ornaments from the person of the unconscious Laxmibai. I would, therefore, repeat that you should bring in the provisions of the whole Constitution, including its preamble, and including all other articles and chapters where the spirit of the Constitution should be more easily and fully gathered than merely in this article, which, in my judgment, runs counter to the spirit of the Constitution.

There is no evidence that she had more than Rs. The notification is a token of the approval by the appropriate Government 112 of these recommendations of the Committees and invests them with legal sanction. A term of three years is very short and by the time the members achieve the required knowledge, expertise and efficiency, one term will be over. The disappearance of the money does not prove that the appellant had conceived the design of getting rid of her.

This is because considerable time is required to achieve expertise in the concerned field. From that point of view the salaries paid to secondary school teachers, college and university 67 teachers and employees in commercial firms and banks should be taken into consideration, but the majority had rejected this view. And their scope is so widened that I do not know what cannot be included as exception to these freedoms rather than the rule.

An attempt was made on behalf of the respondents in the course of the hearing before us to shew that by the conversion of the currency into naye pyse and the newspapers charging to the public higher price by reason of such conversion, the income of several newspapers had appreciably increased. The question whether sanction is necessary or not may have to be determined from stage to stage. " The dissenting opinion of Douglas J. The question relating to the need of sanction under Section 197 of the Code is not necessarily be considered as soon as the complaint is lodged and on the allegations contained therein.

Neither is there any evidence that any search for them had been made. , which was payable by the newspaper establishments to their commission agents. Comparison, could, however, be made within limits, namely with respect to alternative employments available to persons with similar educational qualifications in particular regions or localities. In fact, the freedoms guaranteed or assured by this article become so elusive that are would find it necessary to have a microscope to discover where these freedoms are, whenever it suits the State or the authorities running it to deny them.

50 with her and there is no reason to think that she was carrying a large sum. (i) As regards the prevalent rates of wages for comparable employments the nature of work of the working journalists in newspaper establishments could not be compared with other avocations or professions and the rates of wages of working journalists should be fixed only in the context of the financial condition of the newspaper industry. The exceptions are all separately mentioned in separate sub-clauses.

Hicklin[4], the meaning given by Cockburn C. These figures were, however, controverter on behalf of the petitioners and it was pointed out that whatever increase in the revenue was brought about by reason of this conversion of price into naye pyse was more than offset by the fall in circulation, ever rising price of newsprint and the higher commission, etc. The Minimum Wages Act, 1948, in our country also provides for the committees, sub-committees, advisory sub-committees, advisory boards and central advisory boards for fixing minimum rates of wages and the recommendations of these committees are forwarded to the appropriate Government who by notification in the official gazette fix minimum rates of wages in respect of each scheduled employment.

If these Tribunals are to function effectively and efficiently they should be able to attract younger members who will have a reasonable period of service. The learned author was critical on the concept of presumption as propounded in Hicklin (supra). As far as United Kingdom is concerned, Mr. The freedoms are curtly enumerated in 5, 6 or 7 items in one sub- clause of the article. Further the said term of three years with the retirement age of 65 years is perceived as having been tailor-made for persons who have retired or shortly to retire and encourages these Tribunals to be treated as post-retirement havens.

Hall Williams in Obscenity in Modern English Law[5] wherein the learned author observed that Hicklin (supra) gave a complete go by to the principle of mens rea which propounds a certain degree of protection to the accused. Further, in cases where offences under the Act are concerned the effect of Section 19, dealing with question of prejudice has also to be noted.

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The suit was finally decided in favour of the Dolois by judgment dated 25. 208 so far as giving the accused an opportunity to lead defence evidence, if any, was concerned. A title suit bearing no. The Magistrate, however, failed to inform the accused that -he had made up his mind to proceed under s. Land Revenue Code, the bar under Article 363 is no longer an issue as bhumiswami rights have been conferred on the respondent. 45 of 1919 under Section 92 of the Civil Procedure Code was filed against the then two Dolois, seeking a fresh scheme for management of endowment known collectively as Kamakhya Endowment inclusive of Maa Kamakhya Temple or Devalaya.

, New Delhi, and in carrying out the terms of the contract it might have employed the agency of the Forwarding Railway, but the consignor was not in any way concerned with it and if loss was 80 caused to him by the default or neligence of the Receiving Railway, he could only look to it for compensation and he had no cause of action against the Forwarding Railway. The object of that suit was held to be an attempt to supersede the Bordeoris from their exclusive management and control and substitute them with a body consisting of all subordinate Shebaits belonging to Brahmins of Nanan Devalayas as well as non Brahmins.

It may be that if he had told them that he was 746 going to proceed under s. Both the parties have referred to the said judgment in detail not only to demonstrate the custom which empowered the four Bordeori families to elect Dolois which is the main issue decided by the judgment but also to highlight the claim of the Bordeoris and the Dolois that they being the sole trustees of the endowment were alone competent to elect the Dolois to supervise the affairs of the temple. The individual and institutions who are unavoidably to be deprived of their property rights in land need to be adequately compensated for the loss keeping in view the sacrifice they have to make for the larger interests of the community.

It is also contended that in view of retrospective amendment made to Section 158(2) of the M. 347 (1) did not intimate that decision to the accused and proceeded forthwith to commit them for trial under s. 213, thus depriving them of the right to produce defence evidence, if any, under s. The word ˜Bordeori or ˜Panda in relation to five families of Bordeoris was found used in old copper plate dated 1686 Saka era which was in force in Assam at that time and also in a parwana issued by the Commissioner of Assam to the Managing Bordeori in 1827 A.

What he did on September 30, 1954, was to frame charges forthwith and record an order committing the accused to the Supreme Court of India Lawyers (view publisher site) of Session under s. 347 (1) and to commit them for trial. The learned Single Judge rightly allowed the appellants plea for production of the original certificates of registration of trade mark as additional evidence because that was simply in the interest of justice and there was sufficient statutory basis for that under clause (b) of Order 41 Rule 27.

But what the accused would have said if the Magistrate had proceeded in this manner is irrelevant in considering the question whether the commitment in this case was bad in law inasmuch as it did not comply with s. He thus deprived them of their right to lead defence evidence, if any, under s. The judgment reveals that the bordeoris who earlier belonged to five principal families of priests attached to the main temple at Kamakhya, now reduced to four families, were found to be not only the de facto but also de jure trustees of the entire concern in the Kamakhya Scheme of Endowment and the Dolois were really their agents or managers.

The pendency of acquisition proceedings for long periods often causes hardship to the affected parties and renders unrealistic the scale of compensation offered to them. We hereby treat this matter as closed as far as we are concerned and we will not meet you or any one else for any discussion further, in respect thereof. Thereby, all rights arising out of the Covenant have become part of municipal law paving way for their adjudication in a Court of law. The Division Bench clarified by way of example that if a teacher was awarded Selection Scale in the year 2002 or prior to it under the old Regulation and was continuing, then the benefit of Revised Pay Scale Rules, could not be denied to him.

The learned Counsel for the appellant elaborates his first point thus : The Receiving Railway, the argument, proceeds, entered into an agreement with the respondent to carry the goods for consideration to their destination i. which used the expression ˜five pandas of Kamakhya Dham. The fact remains, therefore, that in this case the Magistrate when he decided to act under s. 347 (1) and commit them for trial and asked them if there was any defence evidence to be produced, they might have said that they did not wish to produce any defence before him at that stage.

But then the Single Judge seriously erred in proceeding simultaneously to allow the appeal and not giving the respondent-defendants an opportunity to lead evidence in rebuttal of the documents taken in as additional evidence. We want to make it clear that our letter of 5th December, 1977, is final and we do not agree to the proposed sale.

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It is further contended that even if the Regional Transport Authority must fix a period of not less than three years and not more than five years, the only order that this Court should pass is to quash the order dated April 30, 1959, renewing the permits upto September 30, 1959, and direct the Authorities to decide the renewal applications in accordance with the law to be laid down by this Court. This Full Bench also considered the question about the applicability of s.

The special bench as is evincible from the judgment impugned, has delved into the questions framed by it, if we permit ourselves to say so, at great length and recorded its conclusions in seriatum. Even the NHRC had in its Annual Report (1996-1997) suggested that if financial constraint was really one of the reasons for not setting-up of Commission Advocates in Supreme Court of India, learn this here now, the North-Eastern Regions, the State Governments could consider setting-up such commissions by resorting to Section 21(6), which permits two States having the same Chairperson or Members thereby considerably reducing the expenses on the establishment of such Commissions.

On the other hand the Patna High Court has taken a contrary view in Thakur Prasad v. It is necessary to reproduce the relevant conclusions, which are as follows:- (iii) When a writ is issued under Article 226 of the Constitution, it is issued in exercise of its original jurisdiction whether against the Tribunal or inferior Court or administrative authority 58 of the Act it is open to a Regional Transport Authority to renew a permit for any period it chooses to fix and therefore the Authorities in this case were acting in accordance with the law when they renewed the permits of the petitioners upto September 30, 1959.

The principle stated by the two-Judge Bench reads as follows:- 19. It was no doubt taken as a ground of appeal but from the judgment it is clear that it was not urged at the time of hearing. In Uma Shankar Singh v. The Madras High Court has taken the same view in Subramannaya Bhatta v. Under these circumstances we do not think we would be justified in allowing this point to be raised before us. However, we do not propose to pursue this matter any further because the present contention was not urged before the High Court.

State of Bihar[5], a two-Judge Bench was considering the issue pertaining to the power of the Magistrate under Section 190(1)(b) of CrPC. The Court, scanning the anatomy of the provision, opined that the Magistrate is not bound to accept the final report filed by the investigating agency under Section 173(2) of the Code and is entitled to issue process against an accused even though exonerated by the said authorities. Baleshwar Ahir but, on the question as to whether the appellate court can refer a matter in dispute between the parties to arbitration or not, and whether the suit includes an appeal, the decision of the Full Bench of the Allahabad High Court in Moradhwaj v.

It is open to doubt whether the observations on which Mr. Viswanatha Sastri relies support or were intended to lay down such a broad and unqualified Proposition. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try. The alternative argument urged before this Court that interest could be awarded under s. Devadas Nayak and so he concluded that the arbitrator had no power to allow interest simply because he thought that the payment was reasonable.

We do not think that there was any such legal bar as is suggested by learned counsel, though there may be cases where on the facts proved it will be impossible to reach a finding that the convicted persons, less than five in number, constituted an unlawful assembly with certain other unspecified persons not mentioned in the charge. Such appointments may be possible with the consent of Chairperson or Member concerned but it is nobodys case that any attempt had in that direction been made but the same had failed on account of the persons concerned not agreeing to take up the responsibility vis-a-vis the other State.

At any rate, the provisions of Section 21(6) clearly provide for two or more State Governments setting"up Commissions with a common Chairperson or Member. The petition has been opposed by the Department and the main contention on its behalf is that on a correct interpretation of s. Viswanatha Sastri relies upon these observations and contends that in no case can the arbitrators award interest. Bhudar Das (3) seems to be on the same lines as that of the Patna High Court. We are unable to accept this argument as correct.

The said principle was followed by another two-Judge Bench in Moti Lal Songara v. Even otherwise there is no real basis for the contention that financial constrains prevent these States from setting-up their own Commissions. 21 to execution proceedings but with that aspect of the matter we are not concerned in the present appeal. 34 of the Code of Civil Procedure, 1908, was also repelled on the ground that the arbitrator is not a court within the meaning of the Code nor does the Code apply to arbitrators.

That consideration apart, any mere error, omission or irregularity in the charge will not invalidate the finding in this case as -a matter of law. So far as the finding can be said to have travelled beyond the letters of the 182 charge, the appellants have not proved any prejudice, and in the absence of prejudice no complaint can now De made of any defect in the charge. even if the investigating authority is of the view that no case has been made out against an accused, the Magistrate can apply his mind independently to the materials contained in the police report and take cognizance thereupon in exercise of his powers under Section 190(1)(b) CrPC.

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The State of Uttar Pradesh [1954] S. It may be read from the judgment in the recent case of Sri Ram Krishna Dalmia v. 68F and refusing their renewal applications. He has given approximately the same description of her many ailments and the treatment she underwent. When he last saw his mother in June 1956, lie found her in good health. 57(2) and (3) was not complied with. Other allowances:-In view of the paucity of evidence on the subject, the Board decided that the fixation of conveyance and other allowances should be left to collective bargaining between the working journalists and the newspaper establishments concerned.

(3)In 1948 The Pharmacy Act was passed to regulate the provisions of pharmacy. "(2) For the purpose of sub-section (1), a "district Supreme Court of India Lawyer - linked web site - having jurisdiction" shall, notwithstanding anything contained in the Code of civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.

According to him, the general condition of his mother was rather weak, but before that, her condition had not occasioned him any concern and he had not noticed anything so radically wrong with her as to prompt him to ask her about her ailments. It is conceivable that a kitchen attached to an establishment like a residential hotel may satisfy the definition of factory; but it seems to us that such an adjunct of an establishment is prima facie not intended by the Act to be treated apart and separately from the main establishment itself, and so it would be taken as a part of the establishment and be governed by the provisions of the Act in relation thereto.

The test for a valid classification is well known. Whether the amounts paid by the ONGC to the non-resident assessees /foreign companies for providing various services in connection with prospecting, extraction or production of mineral oil is chargeable to tax as fees for technical services under Section 44D read with Explanation 2 to Section 9(1)(vii) of the Income Tax Act or will such payments be taxable on a presumptive basis under Section 44BB of the Act?

Next, we come to the evidence of some witnesses who saw her immediately prior to her departure for Bombay on November 12, 1956. In other words, though the definition of " establishment " is wide enough, it does not include factory for the purposes of the Act. The factory where the respondents are employed is not connected with, much less an inseparable adjunct of, any establishment, and so this academic aspect of the matter which was incidentally posed before us by the learned Attorney-General need not be pursued any further in the present appeal.

He last saw her in June, 1956, when his marriage was performed. Dwarka Prasad Laxmi Narain v. 19 (1)(f) and (g) inasmuch as the power conferred on the Controller by the said clause puts an unreasonable restriction on the respondents' fundamental rights guaranteed under Art. Does the holding of an enquiry against a public servant under the Public Servants (Inquiries) Act, 1850 -violate the equal protection clause of the Constitution ? Secondly, the petitioners contended that the Authority could not issue permits in this case as s.

Chatterjee realised that failure to appreciate the effect of this Court's decision in Bagla's case (1) constituted the main infirmity in the judgment under appeal; and so he did not press the argument about excessive delegation. 55 may be directed, Art. In support of this argument he has relied on the decisions of this Court in M/s. As a result of these two enactments the State Governments were given the responsibility of controlling the manufacture of drugs and pharmaceuticals and their sales through qualified personnel and the Central Government was given the control on quality of drugs and pharmaceuticals imported into the country.

But it is permissible within certain well recognised limits, to validly legislate for a class of persons. It is true that the definition of " establishment " does not expressly exclude factory; but it is plain that factory is treated by the Act as separate and distinct and there can be no doubt that the provisions in the Act which apply to establishment are not intended to, and do not, apply to factories. The first witness in this connection is Ramachandra (P. The petitioners therefore prayed for a direction quashing the order of the Authority issuing permits to the Department under s.

The appellant submits that the Government is invested with authority to direct an enquiry in one of two alternative modes and by directing an enquiry under the Public Servants (Inquiries) Act which Act it is submitted contains more stringent provisions when against another public servant similarly circumstanced an enquiry under r. 11B was void because it violated Arts.

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