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About Lawyer in Chandigarh

by Jolie Sirmans (2018-10-24)


Delivery of possession of immovable property (1) Where donor is in possession A gift of immovable property of which the donor is in actual possession is not complete, unless the donor physically departs from the premises with all his goods and chattels, and the donee formally enters into possession. It may be that this could have been expressed in more lucid terms. The only flaw in the charge which, learned counsel for the appellants could attempt to make out, was that the exposition therein of the legal concept underlying section 34 of the Indian Penal Code was obscure and that it would not have been correctly appreciated by the jurors.

The rent due from the holder of each field was payable direct to the Raja, unless he remitted it as an act of favour to the holder, or assigned it in Jagir to a third party in lieu of pay, or as a subsistence allowance. It has been contended that the police have been vested with un- limited powers Advocates in the sense that any person whom they suspect or against whom they have their own reasons to proceed can be asked to remove, not only from any particular area, like Greater Bombay, but from the entire State of Bombay.

Each of the two broad grounds has been elaborated and several points have been sought to be made under each one of those heads. Nor do we see any reason to think that the jury has been misled. Every registered employer shall pay to the Board such amount by way of levy in respect of registered workers allotted to and engaged by him as the Board may, from time to time specify by public notice or written order to the registered employer and in such manner and at such time as the Board may direct.

Reliance was placed on certain observations made by this Court in a number of decisions,, viz. Therefore, logically it would be difficult to accept the submission that the right to participate in the proceedings of the legislative bodies can be a fundamental right falling under Article 19(1)(g). Any member of a legislative assembly holds office until such membership comes to an end by some process established by law. (iv) While the freedom of speech guaranteed under Article 19(1)(a) is subject to reasonable restriction that could be imposed by law which is compliant with the limitations specified under Articles 19(1)(2), the right of free speech available to a legislator, either under Articles 105 or 194, is not subject to any such limitation that could be imposed by law.

They inhere in the citizens and are capable of being exercised independently without the need for any action or approval of others subject only to the restrictions imposed by law. (4); and Ebrahim Vazir Mavat v. 22(a) of the same Act, and that the lay off was not bona fide and claimed full wages for the entire period of the lay off as compensation. Acquisition of the membership depends on the decision of the electorate and is conferred by a process established by law.

Row(2); Thakur Raghubir Singh v. But learned counsel for the appellants has not been able to raise either before the High Court or before us any objection to the verdict, on the ground of misdirection or non-direction, of a material nature, in the charge to the jury by the Sessions Judge. It is also contended that the provisions as regards hearing by the police authorities and appeal to the State Government are illusory. 'On the other band, the charge brought out every point in favour of the appellants and against the prosecution evidence.

Cost of operating the scheme and provision for amenities and benefits to registered workers (1) The cost of operating this scheme and for providing different benefits, facilities and amenities to registered workers as provided in the Act and under this scheme shall be defrayed by payments made by the registered employers to the Board. The State of Madhya Pradesh(1); The Advocates State of Madras V. But we are unable to find that there was any misdirection or non-direction therein.

Court of Wards, Ajmer(3); Messrs Dwarka Prasad Laxmi Narain v. Even after election, the tenure is limited. Even if one order does not ask a person to remove himself out of the entire State, each authority within its respective local jurisdiction can ask a particular person to go out of that area, so that that person may find himself wholly displaced without any place to go to. No citizen is entitled as of right either to become or continue for the whole lifetime as member of a legislative assembly.

Fundamental rights do not come into existence upon the volition of others. The police is both the prosecutor and the judge and the remedy provided by the Act is a mere eye-wash. Unlike the law relating to preventive detention, there is no provision for an Advisory Board which could examine the reasonableness of the order proposed to be passed or already passed, so that there is no check on the exercise of power by the police authorities under the-Act, however flagrant the abuse of the power may have been.

In support of the petition which was heard -along with Petitions Nos. in that the learned Judge involved himself in a great deal of elaboration. Thus there was no real attack either in the High Court or here as against the learned Judge's charge to the jury. The Tribunal held that the lay off was justified but that the workmen were entitled to half the basic wages and dearness allowance not merely for the first 45 days but for the entire period under proviso (b) to s. The right to contest an election to the legislative bodies established by the Constitution is held not to be a fundamental right.

nThe waste lands, great or small, were the Raja's waste, the arable lands were made up of the separate holdings of his tenants. 439 and 440 of 1955 (in which the orders impugned had been passed under section 56 of the Act and which are being disposed of by a separate judgment) the leading argument by Advocates Shri Purshotham raised the contentions,- (1) that section 57 of the Act contravened clauses (d) and (e) of article 19(1) of the Constitution and Advocates that the provisions 514 of that section imposed unreasonable restrictions on the petitioner's fundamental rights of free movement and residence; and (2) that the order passed under section 57 against the petitioner is illegal inasmuch as it is based on vague allegations and inadmissible material, for example, on orders of discharge or acquittal.

It is also pointed out that all kinds of offences have been clubbed together which have no rational connection with one another.