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The Fact About NRI Legal Services That No One Is Suggesting

by Numbers Fetherstonhaugh (2018-10-21)


The limitation of fresh licenses to Four Star hotels and above was upheld, but the State Government was directed not to deny FL-3 licenses to hotels with Four Star and above classifications until the receipt of the report of the One Man Commission, and until action is taken against non-standard restaurants who have been permitted under the sixth and seventh proviso of Rule 13(3). Six Hotels allowed for a periodic assessment of government policy and for the promotion of tourism to be balanced with the general public interest.

Advocates If the Board is satisfied that the Company has indeed become a sick industrial company, the Board shall decide as to whether it is practicable for the Company to make its net worth positive within a reasonable time. This Court also noted that if the State is genuinely serious about reducing liquor consumption, it should take steps to reduce its own shops and depots and behave in conformity with the mandate of Article 47. The Distance Rule was struck down, with a finding that although we do not dispute the power of the State Government to bring about the necessary reform, by modifying the rules, it has got to be justified on the cornerstone of the correlation between the provision and the objective to be achieved.

If that correlation is not established, surely the rule will suffer from the vice of arbitrariness and therefore will be hit by Art. Then, after referring to the observations of Lord Watson in Ramratan Sukal v. It found both the amendments bad in law. There are further limitations, but they were not invoked except that the learned Attorney-General explained that the unrestricted power given by section 4(1) of the Foreigners Act, 1946 (a pre-constitution measure) to confine and detain foreigners became invalid on the passing of the Constitution because of articles 21 and 22.

An inquiry into the working of such sick industrial company is to Advocates be made by the said Board on receipt of a reference or upon application or suo motu. 312, 310 and 311 of 1950-51. The Division Bench, however, found no distinction between existing Three Star hotels and new ones, and held that the decision to set up hotels should be left to hoteliers. Six Hotels, the deletion of Three Star hotels was upheld on the ground that it falls in the same genre.

Mussumat Nandu(1) that "it has now been conclusively settled that the third Court, which was in this case the court of the Judicial Commissioner, cannot entertain an appeal upon any question as to the soundness of findings of' fact by the second court; if there is evidence to be considered, the decision of the second Court, however unsatisfactory it might be if examined, must stand final", Sir Richard Couch continued: It was more convenient to insert new provisions about the confinement and detention of foreigners in the Preventive Detention Act rather than amend the Foreigners Act because the Preventive Detention Act was a comprehensive Act dealing with preventive detention and was framed with the limitations of articles 21 and 22 in view.

Such references can be made under Section 15 of the Act, not only by an industrial company as defined, which, as has been stated above, is a company which runs any of the industries specified in the first schedule to the Industries (Development and Regulation) Advocates Act, 1951, but also by the Central or State Government, or public financial institution, or State level institution, or a scheduled bank, as the case may be. 10427, 10425 and 10426 of 1951 arising gut of the order dated the 23rd day of February 1951 of the Income Tax Appellate Tribunal, Madras Bench in Reference Applications Nos.

Since the deletion of Advocates Two Star hotels was upheld in B. This Court again reaffirmed that there is no fundamental right to trade in liquor. It has been pointed out by the Appellants herein that this Court went on to find that Two Star and Three Star hotels stand on a different footing than those of Four Star and Five Star classifications, as per the classification of the Ministry of Tourism and the fact that only the latter is required to have a bar license.

Appeals by special leave from the judgment and order dated the 10th day of March 1952 of the Madras High Court in C. If this is not possible, then the Board may appoint an Operating Agency who will prepare a scheme for rehabilitation mentioned in Section 18 which the Board may then sanction. This Court dismissed the contention of the Writ Petitioner that the plea under Article 14 was not specifically considered in B. Therefore, to bring this part of the law into line with the Constitution, section 3 (1) (b) of the Preventive Detention Act was enacted.

A cursory reading of the Act shows that a Board for Industrial and Financial Reconstruction is set up by the Act, before which references are made. The Single Judge therein dismissed the writ petition, finding no vested right to get a license, no element of discrimination and no legitimate expectation. However, this finding was clearly obiter and must be treated as such. it has to be a company running an industry mentioned in the first schedule to the Industries (Development and Regulation) Act, 1951, and must be a company registered for not less than 5 years, which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth.

Such reference can only be made if the company concerned has turned sick i. Six Hotels, inasmuch as B. This it may do under Section 17 of the Act, by order under sub-section (2) of Section 17.