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Lawyer in Chandigarh - An Overview

by Numbers Fetherstonhaugh (2018-10-23)

That the result was that the substitutional bequest in favour of the two daughters, who were presumptive heirs Advocates of Mrs. After the Appellant No. We are in complete agreement with the suggestion of the learned Advocates Attorney General. The answer to the first referred question being in the' negative, the very basis for Excess Profits Tax and Business Profits Tax disappears and the second referred question becomes purely academical. In view of the above it is not necessary for us to go into the question whether the High Court ought to have answered the second referred question Advocates also.

On the other hand, in Raja Ram Pal case, it was argued that such depravation resulting from the expulsion of a member from the house would result in violation of the ňúconstitutional rights of the members of the parliament[10] and therefore the expulsion would be bad. Section 58 of the Act provides that a direction made under sections 56 and 57 not to enter a particular area shall be for such period as may be specified thereunder and shall in no case exceed a period of two years from the date on which it is made.

While reiterating the fundamental notion of criminal jurisprudence, that a person is presumed to be innocent until proven guilty and that the burden of proof in a criminal case is on the prosecution to establish the guilt of accused beyond reasonable doubt, the author underlined that the acknowledged justification of such presumption is that the outcome of a wrong conviction is regarded as a significantly worse harm than wrongful acquittal.

On the expiry of the notice period the Secretary shall suspend the supply of registered workers to defaulting registered employer until he pays his dues. During the period of thirty days allowed for the filing of an appeal under section 10 or during the pendency of any appeal under this Act no employer shall- (a)alter, to the prejudice of the workmen concerned in such appeal, the conditions of service applicable to them immediately before the filing of such appeal, or (b)discharge or punish, whether by dismissal or otherwise, any workmen concerned in such appeal, save -with the express permission' in writing of the Appellate Tribunal.

1 company subject to various modifications to be carried out. 1 companys management changed hands, the second scheme, after being reviewed from time to time, was declared as failed on 16. This is clear from the following passage at page 743 of the report: The State of Bombay(1) pronounced on the constitutional validity of section 27(1) of the City of Bombay Police Act of 1902 (Bombay Act IV of 1902) which, word for word, is almost the same section 56 of the Act above quoted omitting (c) thereof.

(6) If a registered employer fails to make the payment due from him under sub-clause (1) within the time specified by the Board the Secretary shall serve a notice on the registered employer to the effect that unless he pays his dues within three days from the date of receipt of the notice, the supply of registered workers to him shall be suspended. Objections to the said scheme were heard by the BIFR and the scheme finally sanctioned was in the form of a change of management of the appellant no.

No clear authority is cited before us, nor any tenable submission is made to demonstrate that Advocates there is violation of Article Advocates 21 except a bare assertion. But in such cases the determination in point of law is that the facts proved or admitted provide evidence to support the Commissioners' conclusions". "No doubt there are many cases in which Commissioners, having had proved or admitted before them a series of facts, may deduce therefrom further conclusions which are themselves conclusions of pure fact.

Viscount Simonds observed at page 586:- "For it is universally conceded that, though it is (1) [1940]8I. This practice, we were informed, had been consistently adopted, in consonance with the directions contained in paragraph 478 of the Second Judges case. In his treatise, The Law of Evidence, Professor Ian Dennis while dwelling on the theme of allocation of burden in criminal cases, elaborated on the significance and purport of presumption of innocence and the general rule of the burden of proof.

This Court has, in Gurbachan Singh v. Shirinbai when the testator died, would take effect although it must fail so far as her executors and administrators were concerned. As I understand that judgment, the view of the Court as to the reasonableness of that provision is based on the fact that under the said section it is essential for the exercise of the power, that in the opinion of the officer concerned, witnesses are not willing to come forward to give evidence in public against the person concerned by reason of apprehension on their part as regards the safety of their own person or property.

Bairstow and Another(3). In order to allay any fear that may be entertained by any of the stakeholders, it was submitted that the same procedure would be adopted now, if the task was entrusted to the executive. The latest pronouncement of the House of Lords on this question is to be found in Edwards (Inspector of Taxes) v.