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The Fact About Advocate in Chandigarh That No One Is Suggesting

by Sam Oreilly (2018-10-22)


3 and 4, which are as follows: The material rules are Nos. There Advocates might be a provision in the statute that at the end of the period of limitation prescribed, the right would be extinguished, as for example, section 28 of the Limitation Act; but Advocates there is none such here. - In this clause State includes a corporation established by Advocates or under a Central, Provincial or State Act, or an authority or Advocates a body owned or controlled or aided by the Government or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956); Every chairman who is appointed on a whole-time basis, managing director, director, auditor, liquidator, manager and any other employee of a banking company shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code (45 of 1860).

This workman was again obstructing the loyal workers after the lock-out had been lifted. As such managing director of a banking company is also deemed to be a public servant. 19, and they were published on June 30, 1953. So in view of the above, the Companies decided to terminate his services. " but in the case of any factory or establishment to which the Bombay Labour Welfare Fund Act, 1953 (Bom. An appeal preferred in accordance with section 30(1) must, therefore, be an appeal in the eye of law, though having been presented beyond the period mentioned in section 30(2) it is liable to be dismissed in limine.

The aforesaid finding recorded by the Sessions Judge in the order dated 1. " Rules were framed by the State of Bombay in exercise of the powers conferred by s. It is well established that rules of limitation, pertain to the domain of adjectival law, and that they operate only to bar the remedy but not to extinguish the right. The limitations thus imposed on the exercise of the pleasure of the President or the Governor in the matter of the dismissal, removal or reduction in rank of government servants constitute the measure of the constitutional protection afforded to the government servants by Art.

" He was, therefore, charged on the 28th March, 1953, along with others. For his other activities there is no charge-sheet. This man, however, continued his activities with the result that the Sub-divisional Officer of Asansol promulgated an order under section 144, Cr. The expression every chairman who is appointed on a whole time basis, managing director, director, auditor was substituted by Act No. The appellant therefore had a substantive right under section 30(1) to prefer appeals against orders of assessment made by the Income-tax Officer.

XL of 1953), applies all such realisations shall be paid into the Fund constituted under the said Act. But as the evidence against this man was not overwhelming, the management postponed their decision for the time being. 2003, had duly been taken into consideration by the Chief Judicial Magistrate, Lucknow. , on the 15th May, 1953, and in which order his name was mentioned. Now, a right of appeal is a substantive right, and is a creature of the statute.

So the position is that the charge-sheet on which this man was sought to be punished was not proved even according to the Companies' own version. A perusal of the submission made at the behest of the appellants, and the order passed by the Sessions Judge, according to the respondents, leave no room for any doubt, that the Sessions Judge, while rejecting the solitary contention advanced at the hands of the appellants, arrived at the conclusion, that the Second Closure Report dated 10.

1994 in place of every chairman, director, auditor. If an appeal, is not presented within that time, does that cease to be an appeal as provided under section 30(1)? , to be public servants for the purposes of Chapter IX of the Indian Penal Code. But, what is most relevant for the purpose of this case is Section 46A of Banking Regulation Act, 1949, which reads as under: - 46A. In such circumstances I do not think that the Companies were entitled to dismiss him.

On the other hand, in conferring a right of appeal under section 30(1) and prescribing a period of limitation for the exercise thereof separately under section 30 (2), the legislature has evinced an intention to maintain the distinction well- recognised under the general law between what is a substantive right and what is a matter of procedural law. In the present case transactions in question relate to the period subsequent to 31.

20/94 with effect from 31. But it could not take any direct action as his case was referred to the Tribunal. Then, we come to section 30(2), which enacts a period of limitation within which this right is to be exercised. 95/56 with effect from 14. 2008, was not assailed by the appellants, and therefore attained finality. (b) public duty means a duty in discharge of which the State, the public or the community at large has an interest.

Section 30(1) confers on the assessee a right of appeal against certain orders, and an order of assessment under section 23 is one of them. Chairman, director etc. So regard being had to this aspect of the matter, I order his reinstatement. (Emphasis supplied) Section 46A was inserted in Banking Regulation Act, 1949 by Act No.