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Little Known Facts About Lawyer in Chandigarh.

by Kelli Morrell (2018-10-22)


rice per month at the rate of Rs. Further, the wife of the accused is a blue card holder which entitles the family Advocates to receive 35 kg. It was held by this Court on a review of the provisions of the statute that the intention of the legislature as expressed therein was to exclude the common law rule, qui Advocates facit per alium facit per se, and the declaration to be valid must be signed by the assessee personally. The accused lives in a pucca house. In one of his representations the appellant said that he signed the note which drew his attention to the condition on " the understanding that it had no value whatsoever, being contrary to the rules and Government orders".

This contention was accepted by the learned Subordinate Judge. In the case of persons already in Government service such action will be taken only on the recommendation of the Department concerned. Mother of the accused also lives with him. From a plain reading of Advocates sub-section (2) and sub-section (8) of Section 173, it is evident that even after submission of the police report under sub-section (2) on completion of the investigation, the police has a right to further investigation under sub-section (8) of Section 173 but not fresh investigation or reinvestigation.

Before making any such appointment they will be required to secure the Public Service Commission's concurrence. Learned counsel for the appellant has contended that even the instructions contained therein do not justify the imposition of a condition by the Public Service Commission, and the only powers the Public Service Commission could exercise were those mentioned in (a) and (b) thereof. dated October 14, 1928, dealt with the recruitment of class I and class 11 officers of the Civil Services in India, and the rules then in force did not provide for the discharge of any function by the Public Service Commission in respect of the recruitment to and control of the subordinate service to which the appellant belonged.

The contention of the appellant is that the Public Service Commission which was constituted in 1926 and functioned under the rules published in the Home Department notification No. Further investigation, therefore, is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether. It further reveals from the inquiry regarding financial status of the accused that the accused lives in the same village i.

The High Court, on appeal, held that the appointment of the appellant was governed by the instructions laid down in an office memorandum of the Government Advocates of India in the Home Department dated December 8, 1928, paragraph VIII whereof stated- Special cases. He has inherited about 2 acres of land being ancestral property which is also the source of his livelihood. Turning then to the provisions of the Act, considerable light is thrown on their true import by the decision of this Court in Commissioner of Agricultural Income-tax v.

" The case of the appellant, who had not passed the qualifying examination held previously by the Staff Selection Board whose place the Public Service Commission took in 1926, was presumably referred to the Public Service Commission under the aforesaid paragraph. It is argued for the appellant that Commissioner of Agricultural Income-tax v. He is married and has four children. Keshab Chandra Mandal(2). Further, the case of Amitbhai Anilchandra Shah (supra) upon which strong reliance is placed by the learned counsel for both the appellants is also totally inapplicable to the fact situation and it does not support the case of both the appellants.

The meaning of further is additional, more, or supplemental. (emphasis supplied) Therefore, for the above said reasons the submissions made on behalf of both the appellants are not tenable in law and the same cannot be accepted by this Court. Nandini Kundini where the victim lives. Lastly, it has been argued that the Public Service Commission had no authority to impose a condition that the appellant would not have any claim to appointment as a Routine Division Clerk in the Secretariat or its attached Offices.

There, the question was as to the meaning of Rule I 1 framed under the Bengal Agricultural Income-tax Act, 1944 read with Form No. 5, which required that the declaration in the return should be signed "in the case of an individual, by the individual himself". In view of the discretion vested in the Commission by this provision, it will no longer be open to Departments to recruit independently for their offices or subordinate offices men with special or technical qualifications.

-To meet cases where a candidate, 935 though not possessing the prescribed educational qualification, has acquitted himself satisfactorily in examinations of a higher or equivalent standard, or has acquired great experience of Government service outside the ministerial staff or possesses special qualifications for a particular class of work, the Public Service Commission are empowered (a) to admit to the examination persons possessing educational qualifications other than those prescribed, and (b) to exempt from the examination or to admit to a particular Division persons who by reason of their previous record can in their opinion properly be exempted or admitted as the case may be.