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Simranjeet Law Associates The 5-Second Trick For Advocates in Chandigarh High Court

by Jolie Sirmans (2018-10-16)

, it was not open to any citizen in India to-claim the writ of habeas corpus on grounds recognised by Common Law apart from the provisions of s. Mere possession of potassium cyanide by Mohinderpal without its being traced in the body of Jaspal cannot establish that his death was caused by this deadly poison. The motive, even if proved in the case, cannot prove the circumstances under which Jaspal died or the cause which resulted in his death. He was subsequently unable to produce it before the court, as the whole of it was taken away by a Congress M.

Surely, nobody has ever suggested that such a foreign advocate must carry with him an instructing advocate or attorney of his own court who is competent to act in order to instruct him when he appears and pleads in the Calcutta High Court. " This is not, in our judgments a correct approach, to the construction of section 2. 491 was introduced in the Cr. I, rule 38, of the Calcutta Original Side Rules a Barrister advocate of any other High Court or an Original Side advocate of Bombay is permitted to "appear and plead" in the Original Side of the Calcutta High Court with the permission of the Chief Justice.

It has no application to lands acquired under other statutes and, therefore, the provision for compensation of the Land Acqui- sition Act cannot apply to acquisitions under the Bihar Act and, therefore,the doctrine of occupied field can have no application. The disability which the section removes and the right which it confers are coextensive. It should 4 22 first be ascertained what the enacting part of the section provides, a fair construction of the words used according to, their natural and ordinary meaning, and the non obstante clause is to be understood as operating to set aside as no longer valid anything contained in relevant existing laws which is inconsistent with the new enactment.

I, rule 6, of the Bombay rules, for surely such an advocate does not carry a Calcutta attorney with him but is quite satisfactorily 84 instructed by a Bombay attorney. P-16 the clothes of the accused which were stated to have blood-stains were taken in custody. Turning now to the non obstante clause in section 2 of the new Act, which appears, to have furnished the whole basis for the reasoning of the Court belowand the argument before us closely, followed 'that reasoning-we find the learned Judges begin by inquiring what are the provisions which that clause seek-, to supersede and then place upon the enacting clause such Construction as would make the right conferred by-it co-extensive with the disability im- posed by the superseded provisions.

In any case, the circumstance is not of a character which is wholly incompatible with the innocence of the appellant. It may, however, be noticed that the provision for compensation top lawyers in Chandigarh that Act 1007 applies only to lands acquired under that Act. If we adopt this construction, the Act becomes workable, but if we adopt the construction suggested by the petitioner, then the Supreme Court advocates practising top lawyers in Chandigarh High Courts by virtue of the Act will become freelances creating chaos and confusion as I shall hereinafter more fully explain.

We will revert to this clause again presently. In my opinion there is no substance at all in this objection of the petitioners. There is no doubt that the right to ask for a writ in the nature of habeas corpus which could once have been treated as a matter of Common Law has become a statutory right after 1923, and as we have already seen after s. In my opinion there is no substance in this contention. The accused was arrested vide arrest memo Ext.

Same remarks apply when an Original Side --Chandigarh advocate of Calcutta goes to appear and plead the Original Side of Bombay under Ch. - That Mohinderpal was proved to be in possession of a quantity of potassium cyanide and was in a position to administer it to the deceased is a cir- cumstance of a neutral character. The meaning of the section will become clear", they, obser, "if we examine a little more closely what the, section top lawyers in Chandigarh fact supersedes or repeals.

2012 the appellant was brought back to the police station at about 6:30 p. for affording relief to those who suffered top lawyers in Chandigarh the earthquake, and so, the appellant was ordered to procure a similar quantity of paddy after taking an appropriate licence, and to make over the same to the procurement department payment of the price. The other evidence referred to by the High Court as corroborating the latter part of Palvinder's alleged confession in the view of the case that we have taken does not require any discussion because if the confession--is inadmissible, no question of corroborating it arises.

He is instructed by an attorney of the Original Side of the Calcutta High Court without any difficulty. Sanjiva Chowdhuri has urged that the Land Acquisi- tion Act, 1894 being continued by the Constitution and that Act which is a Central Act having been extended by notifica- tion in 1899 to Ramgarh State for which he appears, the Central Act must apply to Ramgarh until the notification is withdrawn and the impugned Act cannot apply for determining the compensation, for the field is already occupied by the Central Act of 1894.

An Original Side advocate of the Calcutta or Bombay High Court who cannot appear the Original Side unless instructed by an attorney can and frequently does appear and plead the Appellate Side the instruction of an advocate of the Appellate Side who being entitled to act can instruct the Original Side advocate to appear and plead.