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Acquit Law Chandigarh High Court - Not known Details About Lawyer in Chandigarh NRI Legal Services Canada

by Fidel Mize (2018-10-22)


(2) will not apply to such law. Hon'ble Apex Court in the case of Sutlej Cotton Mills and Godhra Electricity (supra) have clearly expressed that mere crediting the amount under a head is not determinative of the real nature and real intent and purpose of the transaction is required to be seen. " Section 26(a) of the Town Areas Act is in these terms- " The Committee may by general or special order in writing provide and if so advised by the district magistrate shall provide for all or any of the following matters within the town area, namely:- (a)the regulation of offensive callings or trades; 26(a) of the Town Areas Act.

6 (supra) and mere crediting the said amount as interest will certainly not entitle the revenue to treat the same as interest. He may make " such summary enquiry, if any, as he thinks necessary "; he can act suo motu. Therefore, when the Chief Secretary said that the Government had decided to nationalise road transport in Krishna District, he was certainly not saying that the Government was wedded to the scheme which was published and to which objections had been invited.

100(1)(d)(1) to challenge the propriety of an order of rejection or acceptance of a nomination paper would become illusory, if the Tribunal is to base its decision only on the materials placed before the returning officer. Simply because the Chief Secretary said that the Government had decided to nationalise road transport in Krishna District, it did not follow that the Government was not prepared to consider fairly the objections to the scheme on the approval of which nationalisation would follow through complete exclusion.

The result is that unless the law depriving any person of his property provides for the transfer of the ownership or right to the possession of any property to the State, the law does not relate to 'acqtuisition or requisition' of property and therefore the limitations placed upon the legislature under cl. Such being the nature of the enquiry, the right which is given to a party under s. The amendments, in so far as they are relevant to the present purpose, substitute in place of the words 'taken possession of or acquired' the words 'compulsorily acquired or requisitioned' and provide an explanation of the words `acquired and requisitioned' in cl.

Section 174 (1)(k) of the District Boards Act, under which the bye-laws were framed is in these terms- " regulating slaughter houses and offensive, dangerous or obnoxious trades, callings, or practices and prescribing fees to defray the expenditure incurred by a board for this purpose. Though the receipt of Guarantee Fees received from constituents (borrowers) is not linked to what is paid to DICGC as insurance cover on behalf of depositors, the issue is not relevant for the reason stated by us herein above.

36 is summary in character. While realising this legal position brought about by the amendment to the Con- stitution, the learned counsel contends that the right to do business is Property Lawyers Chandigarh as held Advocate in High Court Saghir Ahmad's case(1) and that Chapter IV-A of the Act in effect transfers ownership of that business to the Corporation, owned or controlled by the State, though not directly but by the dual process of preventing the citizen from doing the business and enabling the Corporation to do the same business in his place and that that result is effected by a device with a view to avoid payment of (1) [1955] i S.

This, in our view, is quite correct. Apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent husband. It was held that as the Minister had no judicial or quasi-judicial duty imposed on him, consideration of bias in the execution of this duty was irrelevant, the sole question being whether or not he genuinely considered the report and the objections.

The three points formulated by the High Court Advocate Court arise for decision before us also. If after genuine consideration they were approved, complete exclusion would follow. 109 of the Indian Penal Code and it could not be said that the evidence had not made out a prima facie case against the accused persons or that it could not be reasonably relied on. 439 of the Code of Criminal Procedure set aside the order of discharge and directed the committal of the accused persons to the Court of Session on charges under s.

The learned Solicitor General appearing for the-District Board does not challenge the correctness of the decision on the first point, namely, whether the running of the machines which the appellant is running would come within the relevant words of s. I may again in this connection refer to Franklin's case (ibid), where also an argument was raised that the Minister was biased so far as any consideration of the draft order was concerned, as he had said in an earlier speech that he would make the said order.

409 and S- 409 read with s. Therefore, we hold that the amount recovered by the assessee from the constituents (borrower) cannot be taxed as interest in the hands of the assessee. On perusal of definition, it is distinctively clear that such charges recovered by the bank cannot be equated to the term interest under the Act. The enquiry which a returning officer has to make under s. We consider, therefore, that on a proper consideration of the materials in the record and after eliminating the two errors which the Chandigarh High Court Advocates Directory Court had committed, the proper value of the land in question should be Rs.

In the present case also, the sole question was whether the objections to the scheme were genuinely considered. Consequently, in a case where a committing Presidency Magistrate, on a full and elaborate consideration of a large volume of evidence, both oral and documentary, adduced both by the prosecution and the defence came to the conclusion that Chandigarh Lawyer No Criminal court would convict the accused persons on such evidence and discharged them and the Hi Court in exercise of its powers 619 under S.

It is enough in this connection to set out the two provisions in the two Acts to see that the decision is correct. The speech merely emphasises the aspect of complete exclusion; but it nowhere says that the scheme which was to bring about the exclusion into effect had already been approved.