Menu

Top Advocates in Supreme Court India

Best Law Firms in Supreme Court India

Blog

Most Famous Lawyers in Supreme Court of India - Advocate Simranjeet Singh Sidhu House Number 815,.

Sub-sections (3A) and (3B) have been introduced into the L. (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are applicable, the appropriate Government may direct that the provisions of section 5A shall not apply, and, if it does so direct, a declaration may be made under section 6 in respect of the land at any time after the date of the publication of the notification under section 4, sub-section (1).

In that case [Deccan Merchants case], this Supreme Court of India Advocates had to interpret section 91 of the Maharashtra Co-operative Societies Act, 1960. This indicates that priority, preference and pre- eminence is given to the mother over the father of the concerned child nMohammedan Law firms in Supreme Cour of Indiat accords the custody of illegitimate children to the mother and her relations. In other words, the power to grant exemption is two-fold and covers agreements directly associated with the prospecting or extraction or production of mineral oils or contracts facilitating or making available services in connection with such a business.

[Maharashtra Act 32 of 1961], the dispute related to alteration of a number of conditions of service of the workmen which relief could only be granted by an Industrial Tribunal dealing with an industrial dispute. In Busching Schmitz Private Ltd. In Umaji Keshao Meshram case (supra) it was clearly held that Applying the correct ratio laid down in Umaji Keshao Meshram case (supra) and perusing the writ petition filed in the present case as well as the order passed by the learned Single Judge we are clearly of the view that the present case clearly falls within the ambit of Article 226 of the Constitution.

Act by Act 68 of 1984 with effect from 24. Furthermore, as per Section 8 of the Indian Succession Act, 1925, which applies to Christians in India, the domicile of origin of an illegitimate child is in the country in which at the time of his birth his mother is domiciled. The power under Section 24-AA of the Surtax Act, as already noticed, is wide enough to include even this category of foreign companies.

However, paternity is inherently nebulous especially where the child is not an offspring of marriage. Section 24-AA of the Surtax Act vests power in Central Government, inter alia, to grant exemption to foreign companies with whom agreements have been executed by the Central Government for association or participation in the prospecting or extraction or production of mineral oils and also to foreign companies who are providing support services or facilities or making available plant and machinery in connection with the business of prospecting or extraction or production of mineral oils in which the Central Government or an authorized person is associated.

Reading the notification No. The second category of foreign companies that may be providing services as enumerated in sub-section 2(b) of Section 24-AA is specifically omitted in the exemption notification. nThis Supreme Court of India Lawyers referred to the decision in Umaji Keshao Meshram case (supra) and opined as follows:- 6. In other words, the exemption notification confines or restricts the scope of the exemption to only one category of foreign companies which has been specifically enumerated in sub-section 2(a) of Section 24-AA of the Surtax Act.

Menghani [1977] INSC 89; [1977 (2) SCC 835], it has been observed that purposive interpretation may be made having regard to the object of the provisions and to avoid any obvious lacuna. 1983 it clearly appears that the exemption has been granted only to foreign companies with whom the Central Government had executed agreements for direct association or participation by the Central Government or the persons authorized by it (ONGC) in the prospecting or extraction or production of mineral oils.

2013 of SEBI on merits, it will be open for the respondents to take the stand as Lead Managers that they have not committed anything wrong in order to justify the appellant to pass its order dated 20. The law follows the principle that the maternity of a child is established in the woman who gives birth to it, irrespective of the lawfulness of her connection with the begetter. There is nothing in the provisions of the Act which could have debarred the Central Government from granting exemptions to both categories of foreign companies mentioned above or to confine the grant of exemption to any one or a specified category of foreign companies.

nTherefore, in the event of the impugned order being set aside and thereby providing scope for the Tribunal to consider the correctness of the order dated 20. The omission of this particular category of foreign companies in the exemption notification, notwithstanding the wide amplitude and availability of the power under Section 24-AA, clearly reflects a conscious decision on the part of the Central Government to confine the scope of the exemption notification to only those foreign companies that are enumerated in and covered by sub-section 2(a) of Section 24-AA of the Surtax Act.

Client Centric Lawyers in Supreme Court of India - Simranjeet Law Associates 9876616815 - How Much.

226 of the Constitution, merely because the Government's view may have been erro- neous. A it conveys the meaning, in unambiguous terms, that old used gunny bags would not be equated with rags. Thakore, and they urged the tribunal to consider their claim for a revision of the said scheme. On behalf of the appellant his conviction was challenged on several points of law. This contention was negatived by the tribunal. 1947, the Nawab of Junagadh became a sovereign but he did not accede to the new Dominion by executing an Instrument of Accession as did the other Rulers in Saurashtra.

) out of the persons offering tenders. The charge framed against the appellant stated that he had committed the offence of cheating at Simla and Kolhapur. lawyers in Supreme Court the instant cases, the Appellate Authority is contemplated by s. 25F of the Industrial Disputes Act (hereinafter called the Act). " In our opinion, in so circumscribing the powers of the Appellate Authority, the High Court has erred. After the lapse of paramountcy by reason of s.

This Advocate Supreme Court India held that as the State Government had been constituted the final authority under the "Motor Vehicles Act, to decide as between the rival claimants for permits, its decision could not be interfered with under Art. 9 of the Act, to be the highest authority for deciding questions of settlement of liquor shops, as between rival claimants. The appellant opposed the scheme of gratuity framed by the earlier award and contended that no gratuity should be paid to the workmen who would be entitled to receive retrenchment compensation under s.

7 of the Indian Independence Act. If the Appellate bodies chose to act differently and consider themselves free to make their own choice of the person to be offered settlement irrespective of the recommendations of the Deputy Commissioner or the Officer conducting the settlement, the Appellate bodies will be obviously exceeding the jurisdiction, which they possess under the law or going beyond the scope of their authority as contemplated by the Rules. In the present case there was neither a certificate of the Political Agent nor a sanction of the Provincial Government as required under s.

It seems to us just and fair in the circumstances therefore to order that the appellants shall pay to their respective workmen concerned half the amount adjudged payable by the order dated December 5, 1955, with respect to the entire period, as the case may be, from October 1, 1955 to December 10, 1955 or July 15, 1956, by which date, as we have already pointed out, practically all the workmen were taken back in service. The position of Junagadh was thus unique and what subsequently happened is described in the White Paper on Indian States which it has become customary to rely upon as a constitutional document, without proof.

The State of Madras(1). Before the tribunal the employees urged that the State Government had no jurisdiction to confine their demand to the scheme of gratuity as framed by Mr. The tribunal held that its jurisdiction was limited by the terms of reference and it could not entertain any such plea; it also observed that even if it was open to the respondents to agitate for the revision of the said award there was not much chance of their succeeding in that demand. In Babu Thomas (supra) also this Lawyer Supreme Court India after holding the order of sanction to be invalid, relegated the parties to a position, where the competent authority could issue a proper order sanctioning prosecution, having regard to the nature of the allegations made against accused in that case.

8/96-CE and the definition of rag in various judgments mentioned in para 26. Kolhapur was a place outside British India at the relevant time. In that case, this Court dealt with the powers of the State Government, which had been vested with the final authority in the matter of grant of stage carriage permits. From the definitions of Rag pulp, jute pulp available Lawyer in Supreme Court of India the IS Glossary of Terms used in Paper Trade and Industry, the definition of Rags appended with the Notification No. 188 of the Code of Criminal Procedure had not been complied with.

"In other words, it is not for the Appellate Authority to make the choice, since the choice has already been made by the officers below; and it is not only where the choice is perverse or illegal and not in accordance with the Rules that the Appellate Authority can interfere with the order and make its own selected (sic. Firstly, it was urged that the provisions of s. 188 of the Code of Criminal Procedure. The facts established that the offence of cheating was committed at Kolhapur and therefore it could not be inquired into in British India without such a certificate or such sanction.

It held that the respondents were entitled to claim both gratuity and retrenchment compensation. We, therefore, order accordingly. 492 if they had held otherwise. See in this connection, the decision of this Court in Raman 160 1260 and Raman Ltd. The tribunal then examined the financial position of the appellant and held that the gratuity scheme framed by the earlier award should be en- forced subject to certain modifications specified by it.

The appeal or revision being undefined and unlimited in its scope, the highest authority under the Act, could not be deprived of the plenitude of its powers by introducing considerations which are not within the Act or the rules.

Senior Lawyers in Supreme Court of India - Simranjeet Law Associates 815, FF, Sector 16-D,.

It was also urged that the said clause was ultra vires the powers conferred on the Central Government by S. The Controller, may also, by a general or special order in writing, require any person or, class of persons enumerated above to pay such amount on account of allowances for contribution to any Equalisation Fund, within such period and in such manner as the Controller may direct in this behalf. No particular form of notice is the demand of law: All will depend on facts and circumstances of the case.

161 of the Indian Penal Code and s. Membranes and brain were busted. Whatever may have been the- origin of Hindu castes and tribes advocates in Supreme Court ancient times, gradually castes came to be based on birth alone. It is to be hoped that this position will change, and in course of time the cherished ideal of castless society truly based on social equality will be attained under the powerful impact of the doctrine of social justice and equality proclaimed by the Constitution and sought to be implemented by the relevant statutes and as a result of the spread of secular education and the growth of a rational outlook and of proper sense of social values ; but at present it would be unrealistic and utopian to ignore the difficulties which a member of the depressed tribe or caste has to face in claiming a higher status amongst his co-religionists.

The failure to supply copy thereof to the delinquent would be unfair procedure offending not only Arts. The Union of India appealed. If no alternative construction is open, the Supreme Court of India Lawyers cannot ignore a statutory provision "to relieve what it considers a distress resulting from its operation; a statute has to be given effect to whether the Supreme Court of India Lawyer likes it or not". A signal was then made by Shukla and the raiding party immediately arrived on the scene.

Air pipe of nostril Tricia Kleenex and brachia were broken. The enquiry report constitutes fresh material which has great persuasive force or effect on the mind of the disciplinary authority. The appellant submitted a detailed statement on May 7, 1952, which runs into 321 printed pages of the record. 19(1)(f) and (g) of the Constitution. the appellant went out to the Yard and, after making a round, came to the place which was comparatively secluded.

To the same effect are the following judgments: On February 11, 1952, the Secretary to the Government of India, Ministry of Home Affairs supplied a copy of the report to the appellant and informed him that on a careful consideration of the report and in particular of the conclusions reached by the Enquiry Commissioner in respect of the charges framed, the President of India was of the opinion that the appellant was " unsuitable to continue " in Government service and that the President accordingly provisionally decided that the appellant should be dismissed from Government service.

The appellant then took out the currency notes from his pocket and handed them over to the magistrate. All that has to be seen is that no adverse civil consequences are allowed to ensue before one is put on notice that the consequence would follow if he would not take care of the lapse, because of which the action as made known is contemplated. The caste status of a person had to be determined Advocate in Supreme Court of India the light of the recognition received by him from the members of the caste into which he sought an entry ; unilateral acts of such a person asserting a higher status were not enough to establish the higher status.

All bones of left chest were broken. 14, 21 and 311(2) of the Constitution, but also, the principles of natural justice. A person who belonged by birth to a depressed caste or tribe would find it very difficult, if not impossible, to attain the status of a higher caste by virtue of his volition, education, culture and status. The appellant was called upon to submit his representation in writing within twenty one days from the receipt of the letter. Union of India its rules are not embodied and they do vary from case to case and from one fact-situation to another.

In the case of East India Commercial Company Ltd. The supply of the report along with the final order is like a post mortem certificate with putrefying odour. The Collector of Customs, Calcutta[15], this Court held that whether the statute provides for notice or not, it is incumbent upon the quasi-judicial authority to issue a notice to the concerned persons disclosing the circumstances under which proceedings are sought to be initiated against them, failing which the conclusion would be that principle of natural justice are violated.

427 Held, further, that the appellant had failed to establish that S2 had ceased to be a member of the scheduled tribe and had become a Kshatriya. 5(2) of the Act were framed against the appellant. 19(1)(f) and (g) of the Constitution. He then asked Shukla to pay the money and Shukla gave him a bundle containing the marked currency notes of the value of Rs. The appellant was informed that before the President took action, he desired to give the appellant an opportunity of showing cause against the action proposed to be taken and that any representation which the appellant may make in that connection will be considered by the President before taking the proposed action.

It is on these facts that charges under s. The High Court held that the cl. In Internal Examination the Doctor has found that all bones of skull were broken in pieces. 3 Of the Act, under which the order must now be deemed to have been issued. The magistrate disclosed his identity to the 595 appellant and asked him to produce the amount paid to him by Shukla.

Top 10 Advocates in Supreme Court of India - SimranLaw 815, Sec 16D, Chandigarh - The Greatest.

226 and 227 of the Constitution, for an appropriate writ for quashing the order passed by the first respondent. The High Court, by its order dated August 6, 1957, quashed the aforesaid order of settlement in favour of the appellants by the first respondent. The respondents 3 and 4, then, moved the High Court under Arts. The main ground of decision in the 1245 High Court, was that the Excise Appellate Authority had acted in excess of its jurisdiction, and that its order was vitiated by errors apparent on the face of the record.

[1956] INSC 30; [1956] S. In the event of any conflict between the said two sets of obligations, the further question would be which one of the conflicting obligations prevail? In this connection, it is best to reproduce, Lawyer in Supreme Court of India the words of the High Court itself, what it conceived to be the limits of the appellate jurisdiction: The State of Uttar Pradesh, [1954] INSC 1; [1954] S. The prayer for a certificate that the case was a fit one for appeal to this Court, having been refused by the High Court, the appellants obtained special leave to appeal.

There is no doubt that if the Appellate Authority whose duty it is to determine questions affecting the right to settlement of a liquor shop, in a judicial or quasi-judicial manner, acts in excess of its authority vested by law, that is to say, the Act and the rules thereunder, its order is subject to the controlling authority of the High Court. The appellants, as also others who were competitors for the settlement aforesaid, preferred appeals to the Excise Commissioner who set aside the settlement made in favour of the respondents 3 and 4, and ordered settlement of the shop with the appellants.

In this regard we may usefully, though illustratively, make a reference to certain practices prevailing in Canada, United Kingdom, New Zealand and Australia. 597, 606-607; The State of West Bengal v. The question, therefore, is whether the High Court was right in holding that the Appellate Authority had exceeded its legal power. 393; The State of Madras v. It has therefore become necessary for us to deal with the matter though very briefly. While, undoubtedly there can be no blind adherence to the practices followed in other jurisdictions as what may be appropriate to another country may not be ideal Advocate in Supreme Court of India the Indian context, the correct approach will be to discern some of the best practices prevailing in such jurisdictions and thereafter to test the relevance of the same to our own country.

The consequence of the order of this Court, was, as the Commissioner of Excise pointed out, that a supposed disqualification of the appellants as competent tenderers, stood vacated as a result of the first respondent's order. At this juncture we may very briefly deal with the with the situation prevailing lawyers in Supreme Court other jurisdictions across the globe. The High Court further directed that all the tenders be reconsidered in the light of the observation made by it.

The third and the fourth respondents, as also other dissatisfied tenderers preferred appeals to the first respondent against the order of the second respondent (the Excise Commissioner). Though the recitals contained in the Report of the Committee do mention a consideration of such good practices prevailing in other jurisdictions there is however no discussion or even an indication of the precise contents of the practices that were found by the Committee to be in existence in other countries.

The obligations of the LICENSOR flow from two sources, (i) From the contract, (ii) from the Constitution of India and the relevant provisions of the statute (Indian Telegraph Act, 1885). The tender submitted by the appellants, was not considered by the licensing authority on the erroneous ground that the orders passed by the first respondent as the ultimate Revenue Authority in the matter of settlement of excise shops, had been rendered null and void as a result of the decision of the High Court, referred to above.

For the financial year 1957-58, the Deputy Commissioner, in consultation with the local Advisory Committee, settled the shop in question with the third and the, fourth respondents aforesaid. The first respondent dismissed those appeals and confirmed the order settling the shop with the appellants, by his order dated June 10, 1957. The Excise Commissioner took into consideration the fact that the order of the High Court, nullifying the proceedings before the first respondent, had been set aside by the ruling of this Lawyer Supreme Court India.

Row, [1952] INSC 19; [1952] S. -For each of the Religious or Charitable Institution of Public Nature, a Managing Committee shall be constituted with the following members to have a control over the matter of utilization of the annuity and verification of the proper maintenance of the Institution. Constitution of the Managing Committee. Subodh Gopal Bose, [1954] S. The question which requires examination is - what are the obligations of the LICENSOR on receipt of such an application?

cited with approval in Dwarka Prasad Laxmi Narain v.

Seasoned Law Firms in Supreme Court of India - Simranjeet Law Associates 815, Sec 16D, Chandigarh .

Besides, the Court in J. The principle underlying this rule is that the one who is not vigilant and does not seek intervention of the Court within reasonable time from the date of accrual of cause of action or alleged violation of constitutional, legal or other right is not entitled to relief under Article 226 of the Constitution. 35, para 29) The amendment does not seek to touch on the periods of limitation provided in the Act, and in the absence of such express provision or clear implication, the legislature clearly could not be taken to intend that the amending provisions authorizes the Income Tax Officer to commence proceedings which before the new Act came into force, had, by the expiry of the period provided become barred".

Although the Framers of the Constitution have not prescribed any period of limitation for filing a petition under Article 226 of the Constitution of India and the power conferred upon the High Court to issue to any person or authority including any Government, directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari is not hedged with any condition or constraint, in the last 61 years the superior courts have evolved several rules of self- imposed restraint including the one that the High Court may not enquire into belated or stale claim and deny relief to the petitioner if he is found guilty of laches.

SCC 350, relied upon by the petitioners, by virtue of the retrospective amendment of Rules 9 and 49 of the Central Excise Rules in 1982, commodities obtained at an intermediate stage of manufacture in a continuous process were deemed to have been 'removed' within the meaning of Rule 9(1) thereby making such intermediate products dutiable under the Act with effect from the commencement of the Act i. In this context the Supreme Court India Law firms, held that the amended Rules 9 and 49 would take effect subject to Section 11-A.

Similarly our decision in National Agricultural Coop. Another reason for the High Court's refusal to entertain belated claim is that during the intervening period rights of third parties may have crystallized and it will be inequitable to disturb those rights at the instance of a person who has approached the Court after long lapse of time and there is no cogent explanation for the delay. " The International Convention of 1928 prescribes the setting up of minimum wage-fixing machinery in industries in which " no arrangements exist for the effective regulation of wages by collective agreement or otherwise and wages are exceptionally low".

We may hasten to add that no hard-and-fast rule can be laid down and no straightjacket formula can be evolved for deciding the question of delay/laches and each case has to be decided on its own facts. After noticing the aforesaid facts and the contentions and having regard to the plethora of writ petitions which were filed pertaining to different villages, the High Court deemed it appropriate to categorize these writ petitions in different groups, village wise. Sanyal on behalf of the Bank.

However, wherever this exercise is deemed proper, we would be referring to such factual details at the relevant steps. Out of these group 1-41 pertained to different villages of Greater NOIDA whereas villages in group 42-65 fell in NOIDA. The decision is distinguishable. Anand no doubt raised three additional subsidiary points in Civil Appeal No. 520 of 1958, in which Mr. 519 of 1958, in which he appeared, but as we have pointed out there is no substance in any one of them.

Union of India, (2003) 5 SCC 23 which dealt with an amendment to Section 80-P(2)(a)(iii) of the Income Tax Act, 1961 noted that: (SCC p. 363, para 32) if the intention of the legislature was to nullify the effect of Section 11-A,. 65 village wise categories were, accordingly, carved out. Marketing Federation of India Ltd. Sanyal appeared for the Bank he did not challenge the findings recorded by the appellate tribunal in respect of the 10 employees concerned in the said appeal.

The High Court, thereafter, discussed the factual position Lawyer in Supreme Court of India respect of each group which need not be mentioned, as unnecessary for our purposes. What we have to consider here is whether the benefit granted in 1999 could be withdrawn in 2003. The circumstances Advocates in Supreme Court of India which the Court held that the demands for duty could only be limited to six months prior to the amendment was unquestionably different from those present in the case before us.

the legislature would have specifically provided for the same. In the result both the appeals preferred by the Bank fail and are dismissed with costs. case rejected the contention of the Union of India that Section 51 of the 1982 Finance Act by which the amendments were made to Rules 9 and 49 overrode the provisions of Section 11-A saying: (SCC p. Village Patwari was taken up as group 1. 13 98 This Act is limited in its operation to the so-called sweated industries in which labour is practically unorganised and working conditions are far worse than in organised industry.

Under that Act the appropriate Government has either to appoint a Committee to hold enquiries and to advise it in regard to the fixation of minimum rates of wages or, if it thinks that it has enough material on hand, to publish its proposals for the fixation of wages in the official gazette and to invite objections.

Top Advocates in Supreme Court of India - SimranLaw 815, FF, Sector 16-D, Chandigarh 160016 -.

Out of 5,465 newspapers, journals, etc. The Board had an analysis made of those who had replied to the questionnaire and also of their replies thereto in regard to each of the questions contained in the questionnaire. So long as it can show that the scheme is an efficient, adequate, economical and properly coordinated scheme for road transport service, it will have a right to frame a scheme for only a part of the transport services running in a State.

(ii) "mineral oil" includes petroleum and natural gas. No documents have been produced to show the ownership of Jaibir. 71 of the Indian Contract Act permits the recognition of a contract of bailment implied by Law firms in Supreme Court under circumstances which are of lesser significance than those present in this case. It is true that a retrenched workman would get both the retrenchment compensation and gratuity, and in a sense, on his retrenchment he would get more than what other workmen with corresponding length of service would get on their retirement; but it must be remembered that the retrenched workman gets compensation because involuntarily he has been forced to face unemployment, and it is to enable him to tide over the period of unemployment that retrenchment compensation is paid to him.

In order to prove his ownership, the prosecution had produced Gulab Singh (PW-18), Registration Clerk with Regional Transport Office. - Notwithstanding anything to the contrary contained in sections 28 to 44C, in the case of an assessee, being a foreign company," (a) the deductions admissible under the said sections in computing the income by way of royalty or fees for technical services received [from Government or an Indian concern in pursuance of an agreement made by the foreign company with Government or with the Indian concern] before the 1st day of April, 1976, shall not exceed in the aggregate twenty per cent of the gross amount of such royalty or fees as reduced by so much of the gross amount of such royalty as consists of lump sum consideration for the transfer outside India of, or the imparting of information outside Advocate Supreme Court India Advocate in Supreme Court of India respect of, any data, documentation, drawing or specification relating to any patent, invention, model, design, secret formula or process or trade mark or similar property; , in the case of foreign companies.

The said section reads: " It is quite likely that in underdeveloped countries, where unemployment prevails on a very arge scale, unorganised labour may be available on starvation wages, but the employment of labour on Starvation wages cannot be encouraged or favored in a modern democratic welfare state. So, on the general contention raised before us that the employees are not entitled to claim the double benefit of gratuity and retrenchment compensation there can be only one answer,and that is that there is no conflict between the two claims, and industrial tribunals are right in recognising that both claims can be entertained and 43 granted, and reasonable gratuity schemes can and should be framed even after the enactment of s.

Thereafter it is the duty of the Undertaking to carry out the scheme and in pursuance of that it applies for permits under s. The question whether a particular body was exercising legislative, administrative or judicial or quasi judicial functions has to be determined in the light of the statute under which it was constituted and an administrative body functioning as such can also be acting in a quasi-judicial capacity.

The test would be whether it had to decide on evidence and decide judicially. It also got statements prepared according to the gross revenue of the newspapers, the population of the centres, circulation of the papers, the cost of living index, scales of dearness allowance in certain States, figures of comparable employments, pay scales of important categories of journalists, etc. We may also state that s. Therefore, the scheme to be framed must be such as is capable of being carried out all at once and that is why the Undertaking has been given the power to frame a 137 scheme for an area or route or even a portion thereof Further after the scheme is framed it is approved and published by the State Government.

Special provision for computing income by way of royalties, etc. So judged, there could be no doubt that the Wage Board under the impugned Act was functioning in a quasi-judicial capacity. Even in a part of the district its scheme may deal with certain routes and not all. , to whom the questionnaire was sent only 381 answered the same; and out of 502 dailies only 138 answered it. He produced on record application (Exhibit PZ) moved by the police officer and report (Exhibit PZ/1) made by Pavan Kumar, Clerk working in the Regional Transport Office.

, the total income, break up of expenditure in relation to total income and total expenses, total income in relation to net profits, and net losses and net profits in relation to circulation of the several newspapers which had sent in the replies to the questionnaire,.

Top Notch Lawyers in Supreme Court of India - Simranjeet Law Associates +919876616815 - The Single.

nThis appeal at the instance of the Securities and Exchange Board of India (hereinafter called SEBI) is directed against the majority judgment and final order dated 30. Article 16 of the above-mentioned MPSC contained a specific provision, which provided certain financial benefits and deductions in relation to taxes etc. That order deals with minors and persons of unsound mind and requires that when any such person is a party to a suit, the Court will appoint some one to be his guardian for the suit.

When the permitted restrictions were incorporated special care was taken by the framers of the Constitution to see that 24 freedom of speech was protected and that the right should not be at the mercy of the legislature which might want to impose excessive burden on the Press. , [of the] Central Government; (1) No Supreme Court advocates shall take cognizance of an offence punishable under section 161 or section 165 of the Indian Penal Code or under sub-section (2) of section 5 of this Act, alleged to have been committed by a public servant except with the previous sanction, - (a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government.

What is known as the " due process of law " in America has been specifically omitted from the Constitution of India. It is for this reason that the " Public interest " restriction in Art. 2013, passed by the Securities Appellate Tribunal, Mumbai, in Appeal No. It may be that individual units may suffer hardship or even go out of existence but that would not be a relevant consideration. However, at the same time when the expression 'rags' is not defined in the Notification, it has to be assigned a particular meaning which defines the purpose for which such a Notification was issued giving by plain meaning, even when there is a total disconnect between the said meaning and the Notification, may lead to absurd results as it would exclude the non- conventional material in the form of waste from jute bags or gunny bags even when this very material was there in the 'Positive List' and qualified for exemption.

What is to be considered is the industry region-wise and not individual units. This Court has held in the case of H. It is 447 contended on behalf of the appellant that she was a person of unsound mind and so some disinterested person should have been appointed her guardian for the appeals and that the Deputy Commissioner, Barabanki, was not such a disinterested person as he was also interested in the respondent, the opposing party in the appeals.

The issue raised in the present civil appeals is with regard to service tax payable on wharfage charges. Wage-structure recommended by the Board would show that compared with the scales and salaries obtaining now in many of the newspaper establishments the scales given by the Board were not exorbitant or 37 unreasonable. It is said that the decrees passed in the appeals without another guardian having been appointed for the appellant are a nullity. that would be allowed to contractors/developers, as per the requirements of Section 42 of the Act.

It is lastly said that the compromise decrees were a nullity in view of the principles embodied in Or. The details of the form of application are contained in Section 10 and the procedure that applies to a guardianship application is prescribed in Section 11 n(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.

The Constitution does not permit any abridgment of the fundamental right of freedom of speech and expression unless it falls within the categories of restrictions mentioned in Art. XXXII of the Code of Civil Procedure. The Union of India (UOI), through the MoPNG, issued a Notice Inviting Tenders in August 1992 (1992 NIT), along with a Model Production Sharing Contract (MPSC), for Development of Oil and Gas Fields from various companies in relation to some selected oil fields in Gujarat and other States.

It will be noticed that the " fair wage " is thus a mean between the living wage and the minimum wage and even the minimum wage contemplated above is something more than the bare minimum or subsistence wage which would be sufficient to cover the bare physical needs of the worker and his family, a wage which would provide also for the preservation of the efficiency of the worker and for some measure of education, medical requirements and amenities. It is true that it is necessary that the person appointed as guardian should have no interest in the litigation against the person under disability.

The respondent - M/s Gujarat Maritime Board (hereinafter referred to as GMB) is a statutory body constituted under the Gujarat Maritime Board Act, 1981 (hereinafter referred to as GMB Act). A distinction has to be drawn between the Constitution of U. 19(6) appearing against the fundamental right in Art. 19(1)(g) is not to be found in Art.

Top 10 Law Firms in Supreme Court of India - SimranLaw House Number 815, Sector 16-D, Chandigarh -.

During the financial years 1995-96, 1997-98 and 1999- 2000 (till October 1999), the concessional rate of duty is provided for paper made of pulp containing not less than 75% by weight of pulp made from materials other than bamboo, hard wood, soft wood, reeds or rags. (1), an order made thereunder may provide for controlling the prices at which any essential commodity may be bought or sold. The Election Tribunal held that the (1) (1955) 1 S.

On February t4, 1902, Ganeshprasad executed a mortgage deed, Ex. 11B of Iron and Steel (Control of Production sub-cl. For this mortgage deed a stamp paper purchased on June 25, 1898, was utilised. and undertook thorough inspection of the vessel. P-66 and P-74 were presented for registration on February 26, 1903 but they were registered on March 4, 1903. P-7, dated March 3, 1903, in their favour. But in respect of the year 1996-97, the concession was given to paper made of pulp containing not less than 50% by weight of pulp made from materials other than bamboo, hard wood, soft wood, reeds or rags.

2(a) as meaning any of the classes of commodities specified; they included iron, steel and coal. The stamp for this document was 268 purchased on August 4, 1902. B Johari's case (supra) was not applied properly. 3 the Ordinance provided for sub-delegation by cl. There is nothing on record to show what has happened to this mortgage and whether the alleged debt was discharged. The essential commodities which were covered by the Ordinance were defined by cl.

The team members also interrogated the crew members staying on the vessel. 173 of the Constitution. (8) The joint interrogation team was accordingly constituted comprising of representatives of Indian Coast guard, Customs Department and other agencies. On the said basis it is argued that rendering any service in connection with prospecting and extraction is an integral part of mining and that the expression mining in the Explanation 2 to Section 9(1) of the Income Tax Act, in the absence of any definition under the Income Tax Act, has to be understood as per the provisions of the Oil Fields (Regulation and Development) Act, 1948 read with the Petroleum and Natural Gas Rules, 1959.

With this background in view we proceed to examine the provisions of the Act and ascertain the predominant purpose, true intent, scope and the object of the Act. Under this agreement, the mortgagee admitted that the said mortgages had been paid up and he also undertook to execute a written " mortgage deed " and get the same registered at any time when the mortgagors paid the full expenses in that regard. This document appears to have been ante-dated for some ulterior purpose.

This delay in the registration is presumably for the reason that the Lala brothers waited till the mortgagee executed an agreement, Ex. (7) It shall be lawful for a panchayat to render financial or other assistance to any person for carrying on in the village panchayat any activity which is related to any of the matters specified in Schedule I. Again on February 26, 1903, the same executants executed another mortgage deed, Ex.

There have been some amendments in the Notification No. , diseases and to prohibit advertisements relating to remedies pretending to have magic qualities and provide for other matters connected therewith, (1) [1958] INSC 30; [1959] S. 2, was, at all material times, under 25 years of age and was consequently not qualified to be chosen to fill a seat in the Legislative Assembly of a State under Art. The preamble shows that the object of the Act was to control the advertisement of drugs in certain cases, i.

9,975 mortgaging thereunder the family immovable properties. 132(1) of the Constitution are directed against the orders passed by the said High Court by which cl. This Ordinance was issued to provide for the continuance during a limited period of powers to control the production, supply and distribution of, and trade and commerce in, certain commodities which were treated as essential for national economy. , all except Govindprasad and Mangalprasad, executed another mortgage deed, Ex.

2013), which inter alia revealed that the vessel was carrying huge quantity of arms/ammunition without any valid authorization and documentation by the crew members. P-75, in favour of Sheoprasad: though this document is dated February 14, 1902, the stamp for the document appears to have been purchased only on April 27,1902. It continued till the next day (13. In this case, we find that the law laid down by this Court in Bhajan Lal (supra) and S. P-66, in favour of Narayanrao Govindrao Mahajan for a sum of Rs.

p-74, lawyers in Supreme Cour of Indiat favour of the said Narayanrao Govindrao Mahajan for a. 2(c) adds inter alia that without prejudice to the generality of the powers conferred by sub- s. One of the allegations was that the respondent No. 1 filed an election petition against the appellant and the other respondents for setting aside the election as wholly void. (117) It is a settled principle of law that if a law laid down by this Court was not applied properly by the High Court then such order has to be set aside.

It was further revealed that the vessel had received diesel in bulk quantity from one Indian fishing boat illegally few days back after the vessel entered in Indian Sea waters. 302 by the Sessions Judge of Birbhum who agreed with the majority verdict of the jury that he was guilty. Having provided for the delegation of the specified powers to the Central Government under cl. 22/94-CE in the subsequent years. The team members visited the vessel on the same day, i.

-These three appeals which have been filed in this Court with certificates issued by the Punjab High Court under Art. On November 2, 1902, six of the Lala brothers, i. The Judgment of the Court was delivered by IMAM J. -The appellant was sentenced to imprisonment for life under s. This also appears to be another sham transaction.

Client Centric Advocates in Supreme Court of India - SimranLaw House Number 815, Sector 16-D,.

It was not necessary to expressly over rule the case of Windsor v. Particular reliance was placed on r. The position of the copper trade at the end of March, 1958, within two days of which the impugned order was made is fairly clear. 3 of the English Prices of Goods Act, 1939. these Rules may be revoked or suspended by the licensing authority if the holder, or any person in his employ, is found to have committed a breach of the conditions thereof, or any of the provisions of the Act or these Rules (or has been convicted of an offence under s.

174 to 182 of the Central Excise Rules which relate to licensing. Copper is so largely required by the industries in India for producing various consumer's goods and also sheets and other articles which are needed as raw material in other industries that the position that it is an essential commodity cannot be and has not been disputed. ) This shows how strong 175 the attempt to protect the third party has been. 906, and therefore that the Act did not apply to him.

The admissions made by one or other members of the family to meet particular contingencies or to get an advantage were not of much value in determining the question whether some of the members of the joint Hindu family had separated. Chalcraft, is not to be extended. (2) But if there be any doubt, a consideration of the historical development of the law and the objects to be attained puts it beyond doubt that the legislature intended this result.

36 states that no party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under the Act or in any proceedings before a court. , Shawcross, ibid, Introduction LXXXVII et. Subsequent English cases show that the principle of Windsor v. The classification made by the impugned Act is arbitrary and unreasonable, in so far as it removes the newspaper employers vis-a-vis working journalists from the general operation of the Industrial Disputes Act, 1947, and Act I of 1955.

, seems to have been approved. -That is rather far fetched. The rule is as follows:- R. The claim was resisted by the owners on the ground that the deceased was remunerated by a share in the profits or gross earnings of the vessel within s. 176(2) imposing a licence fee which in the case of tobacco is as much as Rs' 100. The point to note is that there is no particular provision for the representation of a party other than a workman or an employer, presumably because under the second part of the definition clause the parties to an industrial dispute can only be employers and employers, employers and workmen, or workmen and workmen.

remit the amount by a cheque in our favour on any bank in Bombay " which was an express request conveyed to the Government by the assessee to send the cheque by post thus constituting the Post Office the agent of the assessee. Ashbridge [1941] 1 All E. Even in England the, view of Slesser, T. No such words having been used by the appellant in this case the only consequence of the provision contained in the bill form that the payment be made by cheque was that the Government was authorised or entitled to make the payment by cheque; but how to reach those cheques to the appellant was left to the sweet will and discretion of the Government and if the Government chose to send those cheques by post there was no request, express or implied, emanating from the appellant to send the cheques by post so as to constitute the Post Office the agent of the appellant for the purposes of receiving the same.

116 of the Indian Penal Code). 181 which deals with revocation and suspension of licences and empowers the Licensing Department to revoke or suspend a licence under certain circumstances. 96(2) and (6) are clear to show that the insurer can take only the defences mentioned lawyers in Supreme Cour of Indiat sub-s. Section 4 defines the permitted increases. He was employed as chief engineer on board a steam trawler at a fixed weekly wage of pound 2. 181 " (1) Any licence granted under. Chalcraft as in 1946 the Motor Insurers Bureau was set tip in England, as a result of which an insurer is bound to satisfy a judgment obtained by a third party against a, motorist even if the motorist was not insured (Halsbury, 3rd Edn.

11B should have referred to the prices of some specified year as basic prices of the commodities and should have directed the Controller to prescribe the maximum prices in respect thereof by reference to the said basic prices. In support of this contention reliance is placed on the provisions of s. Actually the words of s. 3 defines the expression " basic price " as the price at which in the ordinary course of business in the case of which those goods were to be sold, agreed to be sold or offered for sale at the 21,st day of August, 1939.

1 of the said Act prohibits sale of price-regulated goods at more than permitted price, and s. In support of the argument that the Act did not only relate to levying of excise duties but also regulated trade, reference was made to rr. Reference was also made to r. Sub-section (4) states that in any proceeding before a Tribunal a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Tribunal.

2 of the Workmen's Compensation Act, 1. It was faintly argued that cl.

Client Centric Law Firms in Supreme Court of India - SimranLaw +919876616815 - Considerations To.

The Director of the Company suggested that the fraud might have been committed by reason of the Gujarati Maharashtrian and anti-Muslim feeling amongst the employees of the Company. Cognizance of offences by Magistrates. These facts are not denied in the counter-affidavit filed by the State. The said provision reads as follows:- 190. Ultimately, this Court transferred the said criminal case from the State of Bihar to the file of a Magistrate's Court in Delhi on the ground that there was political rivalry between the two persons.

- In respect of diseases, the following rule will be observed - (a) Cases in which it is established that conditions of Army service did not determine or contribute to the onset of the disease but influenced the subsequent courses of the disease will fall for acceptance on the basis of aggravation. To appreciate the said issues, it is necessary to analyse the scheme of Section 190 of the CrPC. " (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence_ (a) upon receiving a complaint of facts which constitute such offence.

In the case of New Zealand Shipping Co. He also did not give them the particulars of fraud. I am not dealing with such a case as that. Ltd on facts the ultimate conclusion reached unanimously by Their Lordships was that the clause of the contract in that case was a stipulation in favour of both the parties and the situation was not brought about by any of the parties to give rise to avoidance. The Income Tax Act does not define the expressions mines or minerals.

The Chief Controller told them that the issue of the licences had not been authorized by him as they purported to be and that they had been obtained fraudulently, though at that stage he was not able to say how exactly and by whom the fraud was committed. When this option is left to the blameless party it is said that the contract is voidable, but that is only another way of saying that the blameable party cannot have the contract made void himself, cannot force the other party to do so, and cannot deprive the latter of his right to do so.

Of course the parties may expressly or impliedly stipulate that the contract shall be voidable at the option of any party to it. It is also stated that before the said election, the Revenue Minister filed a criminal case against the proprietor in the District Court of Hazaribagh charging him under s. The said expressions are found defined and explained in the Mines Act, 1952 and the Oil Fields (Development and Regulation) Act 1948. Presently to the thrust of the matter, the controversy before the learned Single Judge was basically two-fold, namely, whether the learned Chief Judicial Magistrate could have directed for reinvestigation and secondly, whether it could have directed for reinvestigation by another investigating agency.

The High Court in a judgment dated April 15, 1952, delivered in the petition to transfer the said case to some other Supreme Court India advocates, recorded the admitted fact that there was political rivalry between the Minister and the proprietor. Hooseini Doctor, met the Chief Controller on September 30, 1958, and handed over the explanation to him and also personally told him that in the absence of any particulars of the alleged fraud and without inspection of the papers relied upon by the Chief Controller, it was not possible for the petitioner Company to give a complete explanation and that the petitioners reserved their right to give further explanation on getting the said particulars and inspection of the said papers.

They also requested the Chief Controller to give the Company a personal hearing to meet the charges after giving the necessary particulars and the inspection of papers asked for. Disability A B C GENERALISED TONIC CLONIC NO NO YES SEIZURE - 345 NEUROTIC DEPRESSION - 300 NO NO YES (b) In respect of each disability shown as attributable under 'A', the Board should state fully, the specific condition and period in service which caused the disability 182 = NA (c) In respect of each disability shown as aggravated under B the Board should state fully:- (i) The specific condition and period in service which aggravated the disability.

(emphasis supplied) 103. To deprive him of that option would be but to effectuate the purpose of the blameable party. In the said counter-affidavit the following cryptic statement occurs: 500 of the Indian Penal Code. It was found that the failure to fulfil the contract was not due to any fault on the part of the respondents but was due to a cause beyond their control. As has been observed by Lord Atkinson, it is always a question of fact to be determined in each case as to who is guilty of the act or omission to render the contract void or unenforceable.

The application to contracts such as these of the principle that a man shall not be permitted to take advantage of his own wrong thus necessarily leaves to the blameless party an option whether he will or will not insist on the stipulation that the contract shall be void on the happening of the named event. It may well be that the question whether the particular event upon the happening of which the contract is to be void was brought about by the act or omission of either party to it may involve a determination of a question of fact.

View older posts »

Search

Archive

Comments

There are currently no blog comments.