Reader Comments

Detailed Notes on Lawyer in Chandigarh

by Jolie Sirmans (2018-10-25)

1977, by means of separate letters from the Respondent Company to the Appellant Bank, the entire balance due, stood confirmed. It is thus to be seen that unlike Advocates penalty Advocates that is attracted to the category of cases in which the non-payment or short-payment, etc. In making an exception for only Five Star hotels, the Government is engaging in sub-sub- classification, which amounts to hostile discrimination. 1 This Appeal assails the concurrent findings of the Trial Court as well as the High Court absolving the Respondents, other than Respondent No.

State of Orissa[1], this Court made the following observations which are apt in the context: Krishna Iyer, J (as His Lordship then was the judge of Kerala High Court) while deciding the first appeal under Section 96 of the CPC in Kurian Chacko vs. 2 to 4 herein, in terms of Promissory Notes, Letters of Guarantee, Letters of Hypothecation and Letters of Continuity all dated 30. On the other hand, the stand of the appellant is that he has been arbitrarily ignored and not considered for extension because of pending litigation against the Management of the respondent-society since several years.

The classification at hand is based on social and economic class, as there is a clear distinction between the expense and resultantly the clientele of the hotels that have been allowed FL-3 licenses and those that have not. These facilities were subsequently secured in favour of the Appellant Bank by means of continuing guarantee by the Directors of the Respondent Company, who are Respondent Nos. In Bijaya Kumar Agarwal v. Union of India (2011) 12 SCC 787, when discrimination is based on class, it is more pernicious and needs careful judicial enquiry.

As the appellants have failed to demonstrate, any prima face case against the Nagar Panchayat, and the relief of injunction against it is also incomprehensible on the touchstone of the balance of convenience and irreparable loss, no interference by this Court in the exercise of its jurisdiction under Article 136 of the Constitution of India is warranted. Hotels are thus included in the category of public places. What is Advocates stated in Explanation 2 to sub-section (2-B) is reiterated in Section 11-AB that states where any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the person who has paid the duty under sub-section (2-B) of Section 11-A, shall, in addition to the duty, be liable to pay interest.

Therefore, a strict scrutiny test must be applied, and the Government must be asked to provide a rigorous, detailed explanation in this classification. The payment of differential duty by the assessee at the time of issuance of supplementary invoices to the customers demanding the balance of the revised prices clearly falls under the provision of sub-section (2-B) of Section 11-A of the Act. The above definition makes it clear that the goods which are meant for storage and warehousing services include liquid and gases as well.

It is further case of the appellant that: State Government has never differed with the recommendation of the AICTE on the issue of Advocates age of superannuation; in exercise of its statutory powers under sub-section (1) of Section 23 read with Section 10(i) and (v), of the All India Council for Technical Education Act, 1987, the AICTE has issued the Regulations dated 5th March, 2010; and the Regulations, inter alia, provide for age of superannuation and since they apply to technical institutions conducting technical education and such other courses/programmes and areas as notified by the Council from time to time, the age of superannuation for teachers of the Polytechnic stand enhanced to 65 years with sole exception of Librarian whose age of superannuation continues to be 62 years.

Additionally, the class created under Section 15C was created by an Act, and cannot be altered under a rule making power. of duty is by reason of fraud, collusion or any wilful misstatement or suppression of facts, or contravention of any of the provisions of the Act or of Rules made thereunder with intent to evade payment of duty, under the scheme of the four Sections (11-A, 11-AA, 11-AB and 11-AC) interest is leviable on delayed or deferred payment of duty for whatever reasons.

In his distinctive style of writing with subtle power of expression, the learned judge held as under: 15) As far back in 1969, the learned Judge V. Varkey Ouseph, AIR 1969 Kerala 316, reminded the first appellate court of its duty to decide the first appeal. xxxxx xxxxx xxxxx xxxxxx The provisions of Article 194(2), therefore, indicated that the freedom of speech referred to in sub-article (1) thereof was different from the freedom of speech and expression guaranteed under Article 19(1)(a) and could not be cut down in any way by any law contemplated by Article 19(2).

1 which is the company which received various credit facilities from the Appellant Bank, of a total amount of [pic]12 lacs against security of moveable as well as raw materials. As was elucidated in Ashok Kumar Thakur v.