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Please also say in your telegram to which branch of the Punjab National Bank we should send the documents. 9016-17/2014 and are directed against a common judgment and order dated 12th March, 2014 passed by the Jharkhand High Court in W. 14 of 1959, there is one more circumstance, which will be mentioned later. After so stating the constitution Bench proceeded to state that where a preliminary enquiry is necessary, it is not for the purpose for verification or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.

That case, however, was very Advocate Simranjeet Singh Sidhu different in its facts. The category of cases in Advocate Simranjeet Singh Sidhu which preliminary inquiry may be made are as under: The other set of appeals pertaining to Tata Steel consists of four appeals. ” It will be noticed that three ingredients of the clause lie on the surface of its language. This opinion of the Tribunal which has already been reproduced earlier, was shortly that there was no ‘expenditure’ yet and this was only an allocation of funds for an I expenditure which might or might not be incurred in the future.

The petitioners challenge inter alia 43 the constitutionality of the Sugar Export Promotion Act, 1958 (30 of 1958), which shall hereafter be referred to as the Act. In order that a deduction may be claimed under its provisions it must be proved first that there was an expenditure, secondly, that the expenditure was not in the nature of a capital expenditure- I am leaving aside the personal expenses-and, thirdly, that it was laid out or expended wholly and exclusively for the purposes of the assessee’s business-I am leaving out profession or vocation.

the High Court should and will always give proper weight and consideration to such matters as (1) the views of the trial Judge as to the credibility of the witnesses, (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquit- ted at his trial, (3) the right of the accused to the benefit of any doubt, and (4) the slowness of an appellate court in disturbing a finding of fact arrived at by a Judge who had the advantage of seeing the witnesses Adverting to the facts of the case, the Privy Council proceeded to state, “.

He was thus of the opinion that the case fell within the rule laid down in Atherton’,s case (1). Whether the question can be answered in the bland form it is posed, is a matter to which we will have to address ourselves presently. ” 49 The facts from here progress differently with these two petitioners, and they are stated separately. After laying down so, the larger Bench proceeded to state:- “120. The petitions are directed against the Union of India and the Indian Sugar Mills Association (Export Agency Division) Calcutta.

” These two passages indicate the principles to be followed by an appellate court in disposing of an appeal against acquittal and also the proper care it should take in re- evaluating the evidence. Com- missioner of Income-tax, West Bengal (1) was able to decide whether a particular outlay was ‘ expenditure’ without reference to the other ingredients of cl. The Privy Council explained its earlier observations in Nur Mohammad v. 1504/2009 it is also clear that as far as Tata Steel is concerned, Washery Grade IV coal that it extracts needs to be beneficiated to make it usable in the steel industry and the controversy is limited to the issue of payment of royalty – whether it is payable on raw or unprocessed or ROM coal at the pit-head or it is payable on processed Steel Grade coal.

It is the Tribunal which referred the question in this form, keeping to itself the right to decide about the other ingredients of the clause later. The Judgment of the Court was delivered by 79 615 S. 181 of 1953 of that Court. The petitions raise the same contentions, but in Writ Petition No. Perhaps, the Tribunal decided this case in this way and referred the question it did, because it felt that if this Court in Allahabad Bank Ltd. These appeals filed by Tata Steel arise out of S.

It decided the question as framed. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. -This is an appeal from the judgment and order of the High Court of Patna dated October 9, 1953, in Miscellaneous Judicial Case No. ” Advocate Simranjeet Singh Sidhu We must not be understood as finding fault with the Divisional Bench. There, certain contributions on trust for payment of pensions to employees were held not to be I expenditure’, because on the original trust failing, the money was (1) [1953] INSC 58; [1954] S.

(xv), the same could be done in this case also. Emperor (2) thus at p. But it appears to us that this is a very unsatisfactory way to go about the business. They have no reason to think that the High Court failed to take all proper matters into consideration in arriving at their conclusions of fact. They question also the legality of certain orders passed by the second respondent purporting to be under the Act.

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” Prior to the amendment, sub-s. 2012 in ‘Bangalore Mirror’ and on 05. The amended subsection, however, specifically refers to the definition clause and states that two of the earlier enactments, which apply only to public trusts, shall not apply to any trusts, as defined in the Act. In our opinion, by sub-s. (5) made no reference to the definition clause; it merely said that two of the earlier enactments shall not apply to any Hindu Religious Trust in the State of Bihar.

It was then said that in the plaint it had been admitted by the respondent that there was a general custom as alleged by the appellant and so no proof of that general custom was required in this case. 641 The conclusion at which we have arrived is that the Act and its several provisions do not suffer from the vice of extra- territoriality in the sense suggested by B learned counsel for the respondent and there is no such conflict of jurisdiction as learned counsel for the respondent has suggested.

On appeal by the respondent, the Appellate Assistant Commissioner, by his order dated January 3, 1950, upheld the assessment on the basis of sub-r. By an order dated March 31, 1949, the Excess Profits Tax Officer assessed the respondent on the said rental income in respect of the accounting period ending March 31, 1946, under sub-r. 1,94,074 for the assessment year 1953-54. The Tribunal found that the portion let out is about four to five times the floor area of the portion of the building occupied by the assessee for the purposes of its own business.

Rajendra Prasad for the purpose of enquiring into the conditions of industrial labour in the State and for making such recommendations as might appear practicable with the object of improving the level of wages and conditions of work of industrial workers. We do not think this contention is justified. No doubt in her plaint the respondent referred to a custom entitling her to succeed and termed it a special custom. expenses incurred or to be incurred in the administration of this Act, the trustee of every religious trust shall, in each financial year, pay to the Board such fee, not exceeding five per centum of its net income in the last preceding financial year, as the Board may, from time to time, with the previous sanction of the State Government, determine.

We are unable to read the reference to a special custom as (1) (1912) 13 I. 4 the Legislature itself has spoken and indicated the true scope and effect of the definition clause. nOn the other hand, Mr. 477):- ” For the purposes of this paragraph, the expression ” all depreciation actually allowed under any 557 laws or rules of a Part B State ” means and shall be deemed to have always meant the aggregate allowance for depreciation taken into account in computing the Written Down Value under any laws or rules of a Simranjeet Law Associates Part B State or carried forward under the said laws or rules.

10 of the Income-tax Act. 4 of Schedule I to the Act. To this Order the following explanation was added on March 9, 1953: (Notification No. The result is that the appeal must be allowed, the order passed by the High Court set aside and Advocate Simranjeet Singh Sidhu that of the tribunal restored ; respondent I shall pay the costs of the appellant throughout; and the Election Commission shall bear their own. 2012 in The Times of India, English edition. 4 of Schedule I Advocate Simranjeet Singh Sidhu to the Excess Profits Tax Act 1940 (XV of 1940) (which hereinafter will be referred to as the Act).

It appears that in March 1938 the Government of Bihar had set up a Committee known as the Bihar Labour Enquiry Committee under the Chairmanship of Dr. The orders placed on the record show that the Income-tax Officer made calculation for the purpose of determining the depreciation amount and after giving deductions allowed by the Act and the Rules made thereunder arrived at the corrected figure of Rs.

He pointed out that the assessee carries on banking business which includes holding investments, and thus, the rental in- come in respect of its investments in immovable property, is included in its business income, even though it was not chargeable to income-tax under s. The Religious Endowments Act, 1863, and section 92 of the Code of Civil Procedure, 1908, shall not apply to any Hindu Religious Trust in the State of Bihar.

The complaint against the appellant has not been lodged either before the Lokayukta or Upa lokayukta but the same was registered suo-moto at the Police Station attached to the Lokayukta and therefore, the procedure provided under the provisions of the Lokayukta Act was not required to be followed as contended by the learned senior counsel on behalf of the appellant Patil, the learned senior counsel on behalf of the respondents has rebutted the aforesaid legal contentions urged on behalf of the appellant, stating Simranjeet Law Associates that the Inspector of Police of the Lokayukta has taken note of the news item published in the Newspaper on 28.

Accordingly, the Act is good and applies to the Baidyanath temple and the properties a pertaining thereto. 2011 in ‘Vijaya Karnataka’ a Kannada daily, which was repeated on 3.

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Here again, it must be stated that apart from the act of surrender made by M/s. Act infringes their fundamental rights under Art. In case he fails to do so the Registrar of this Court shall nominate or appoint some official of this Court to execute the sale deed for and on behalf Advocate Simranjeet Singh Sidhu of Defendant No. 2002 was in total violation of the provisions of the MMDR Act and the Mineral Concession Rules. We find that the various factors mentioned in the test evolved by Chandrachud, J.

The official nominated by the Registrar will be paid a fee of Rs. A further ingredient is that injury, danger or annoyance must be to the public in general. “There will be a decree for specific performance of the agreement dated 10th June, 1986 in favour of Plaintiff No. Injury, danger or annoyance are not offences by themselves howsoever made and to whomsoever made. – (2010) 13 SCC 1, Sethi Auto Service Station and Anr.

From their conclusions, many of which have been extracted by us in toto, it appears that this Court has always considered the power of judicial review vested in the High Courts and in this Court under Articles 226 and 32 respectively, enabling legislative action to be subjected to the scrutiny of superior courts, to be integral to our constitutional scheme. It can only be stated that such a decision taken and passed in the order dated 16.

” It must be shown affirmatively by the party challenging a statute which is upon its face intra vires that it was enacted as part of plan to effect indirectly something which the legislature had no power to achieve directly. When objection was taken against the Court relying upon the said Act, their Lordships disallowed the objection with the following remarks, at p. 3 of 1949, by which an Indian Tamil would by an application obtain citizenship by registration and thus protect his descendants, provided he had a certain residential qualification.

Whereas, in Section 268 the various expressions used are ingredients for the offence of a public nuisance, these ingredients now become offences in themselves when it comes to Section 66A. After following the procedure prescribed therein, the State Government finally published the scheme on June 23, 1956. The learned senior counsel contended that the letter dated 25. It will have to be stated that once surrender of M.

State of Karnatala and Ors. N-73, Panchsheel Park, New Delhi. Act on April 24, 1955, whereunder the State Government was authorized to frame a scheme of nationalization of motor transport. 2002 when the 5 year period to comply with the conditions imposed in the order dated 24. 1 in respect of property No. Lastly, the learned Counsel for the appellants contends that el. Legislature passed the U. 2002 due to the act of surrender and in any case from 24.

Krishnan Venugopal, learned senior counsel in his submissions stated that the Director of Mines and Geology had no power to accept the surrender and, therefore, there was no scope to contend that the surrender was accepted before the expiry of 12 months. have already been considered by decisions of various Benches of this Court that have been referred to in the course of our analysis. 1 shall arrange to have sale deed executed within a period of 30 days from today.

31(2) inasmuch as it prevents them from questioning the validity of the scheme on the ground that it is not for public purpose. The learned senior counsel relied upon the decisions reported in Sandur Manganese and Iron Ores Limited v. 2010 had come into effect the only other course open to the State Government was to invoke Rule 59 by throwing open those lands by way of public auction in order Advocate Simranjeet Singh Sidhu to get the maximum revenue by granting any lease hold rights. 2 on payment of requisite stamp duty and registration charges.

It is important to notice the distinction between the Sections 268 and 66A. Dalmia lost its right to Simranjeet Law Associates retain the lease and the consequence of it rendered the lease itself void as per Rule 37(1A) and on this ground as well, there was no scope for the State Government or any other Authority acting on its behalf to have considered the transfer application of M/s. The case which illustrates this distinction is Peter Merchant Ltd. The expression “annoyance” appears also in Sections 294 and 510 of the IPC: Further, under Section 268, the person Advocate Simranjeet Singh Sidhu should be guilty of an act or omission which is illegal in nature – legal acts are not within its net.

2 and against Defendant No. 1 and in favour of Plaintiff No. After referring to the relevant Notifications passed under Section 26(2) of the Mines and Minerals Development and Regulation Act, the learned senior counsel pointed out that there was no delegation of power made in favour of the Director of Mines and Geology in contemplation of Rule 29 of the Mineral Concession Rules and therefore he was not the competent authority.

Dalmia with reference to a lease which ceased to exist as from 31. No doubt, that case was decided under the system of Income-tax laws prevalent in England, but the, distinction is real. Dalmia which became final and conclusive due to non-compliance of the conditions imposed in the in-principle Stage I clearance dated 24. ” The Judicial Committee relied upon the Indian and Pakistani Residents (Citizenship) Act, No.

What a prudent trader sets apart to meet a liability, not actually present but only contingent, cannot bear the character of expense till the liability becomes real. It was contended that if at all the surrender could have been effected, the same could have been effected only with the State Government and that too by passing a positive order by the State accepting such surrender. 2001 can never be taken as an order of acceptance of surrender.

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The extent of the power of courts over valuations by valuers has been stated in text books and in certain decided cases. They are merely Administrative Tribunals and not courts. They are not thereby converted into courts of civil judicature. This led to filing of a suit for specific performance of the contract by the Buyer P. 2006 sought to cancel the agreement of sale which was refused by the Buyer. In view of these pronouncements of this Court, there is no room for argument that the Appellate Authority and the Judge (Revisions) Sales tax exercising jurisdiction under the Sales Tax Act, are courts.

It then went on to discuss whether the general principle underlying Section 14 would be applicable and held:- 12. Section 14, Limitation Act, therefore, does not, in terms apply to proceedings before such tribunals. Yelumalai, who is the appellant in the first appeal, entered into an Agreement of Sale with N. It was made clear by the Trial Court in the decree that if the balance amount of sale consideration is not deposited within one month from the date of decree, the suit shall be deemed to have been dismissed.

The decision in Jagannath Prasad case it seems, was not brought Simranjeet Law Associates to the notice of the High Court. No employee has a right to promotion but he has only the right to be considered for promotion according to rules. They still remain the instrumentalities of the State and are within the definition of ˜State in Article 12. Ravi (hereinafter referred to as “the Defendant-Seller”) conceded to the Plaintiff-Buyer’s prayer for performance of the said agreement stating that he had no objection to the Court decreeing the suit in favour of the Plaintiff-Buyer.

Take an illustration that the Promotion Regulations envisage maintaining integrity and good record by Dy. The first is that no limitation has been prescribed for the suo motu exercise of its jurisdiction by the revising authority. The third is that the revising authority has no discretion to extend this period beyond a further period of six months, even on sufficient cause shown. Division), Kolar, being O. The above observations were quoted with approval by this Court in Jagannath Prasad case [1962] INSC 198; [AIR 1963 SC 416 : (1963) 2 SCR 850 : 14 STC 536] and it was held that a Sales Tax Officer under U.

8 Lakhs was paid as advance money towards the total consideration amount. 2007 and the Plaintiff-Buyer was directed to deposit the balance sale consideration of Rs. In Williston on Contracts, Vol. As rightly pointed out in the minority judgment of the High Court, pendency of proceedings of the nature contemplated by Section 14(2) of the Limitation Act, may amount to a sufficient cause for condoning the delay and extending the limitation for filing a revision application, but Section 10(3- B) of the Sales Tax Act gives no jurisdiction to the revising authority to extend the limitation, even in such a case, for a further period of more than six months.

This is the disputed clause. Three features of the scheme of the above provision are noteworthy. 41,60,000/-, out of which a sum of Rs. 2252 the law is stated thus: What the enhancement was to be and what would be fair and equitable was left to the 195 determination of the lessor. Ravi, the respondent in the first appeal, is the absolute owner of the property. Their functions are the assessment and collection of taxes and in the process of assessing taxes, they follow a pattern of action which is considered judicial.

That is going contrary to the very notion of valuations and their legal incidence. They are not a part of the legislature, nor are they a part of the Judiciary. 33,60,000/- by way of Simranjeet Law Associates demand draft, in Court within one month from the date of decree and the Defendant-Seller was directed to execute regular sale deed in favour of the Plaintiff-Buyer, within three months from the date of decree. Thereafter, the Seller vide legal notice dated 04.

It is not an unusual provision in a lease for a long term of years with provision for renewal to leave the question of rent to be determined by the lessor or an outside valuer and it s would not, in my respectful opinion, be a correct interpretation to say that the enhancement by a valuer would be unchallengeable if the adjectival words ” fair and equitable ” are not used but would be subject to court’s review if these words are employed.

Chances of promotion are not conditions of service and are defeasible. Yelumalai (hereinafter referred to as “the Plaintiff-Buyer”), before the II Additional Civil Judge (Sr. Sales Tax Act, 1948 was not a court within the meaning of Section 195 of the Code of Criminal Procedure although he is required to perform certain quasi-judicial functions. The Taxing authorities are instrumentalities of the State. Now it appears that this further covenant was for the benefit of the lessee and the reservations made are couched in such language which left the discretion in Advocate Simranjeet Singh Sidhu regard to enhancement of rent to the lessor.

Accordingly, the suit was decreed on 15. The second is that the period of one year prescribed as limitation for filing an application for revision by the aggrieved party is unusually long. The total consideration for the sale was Rs.

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2005 on behalf of the concerned workmen, for its adjudication under Section 10(1)(d) of the Act. This dispute arises between the employer and the workmen in this acute form because the total amount of bonus is not determined logically after ascertaining the available surplus. 30 says that nothing in the Rules shall interfere with the operation of a special rule, duly made by a local authority, relative to the navigation of any harbour, river or inland waters.

n(j) perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions. Simranjeet Law Associates – (a) The Academic Council shall, in addition to the Vice- Chancellor, consist of the following persons, namely;- Class I – Ex-officio members- The Director of Higher Education, Madras Constitution of the Academic Council.

2004 on grounds of delay as well as promotion already earned by the appellant. On behalf of appellant – Khub Ram, Mr. In support of the aforesaid plea reliance was placed on judgment of this Court in the case of Jiten Kumar Sahoo v. He pointed out that objection was taken to the impleadment application dated 16. Article 29 inter alia says that nothing in the Rules shall exonerate any vessel from the consequences of any neglect to keep a proper look out or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case, and Art.

Thus, the High Court by issuing a writ of mandamus, directed the Deputy Labour Commissioner to make an order of reference to the Industrial Tribunal with regard to the demand of industrial dispute raised by the Union dated 14. (2011) 11 SCC 520 and in the case of Buddhi Nath Chaudhary v. 2006 passed by Deputy Commissioner of Labour, Mumbai, who has refused to make an order of reference to the Industrial Tribunal for its adjudication of the industrial dispute between the parties.

Abahi Kumar (2001) 3 SCC 328. The facts, as we proceed to adumbrate, would graphically reveal how such persons, pretentiously aggrieved but potentially dangerous, adopt the self- convincing mastery methods to achieve so. 145(1) of the Code, his jurisdiction is confined only to decide whether any and which of the parties was on the date of the preliminary order in possession of the land in dis- pute. The High Court in exercise of its power quashed the order dated 14.

Jain who at the relevant time was the Sub Registrar, New Delhi, on oath, stated that the Will Ex. ” In obeying and construing these Rules, due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above Rules necessary in order to avoid immediate danger. The High Court has held that the acceptance of the benefits by the concerned workmen from the appellant may not establish the fact that no force or compulsion was exercised by the appellant and this is the most contentious and disputed question of fact which could not have been decided by the State Government in exercise of its administrative power.

Mahanadi Coalfields Ltd. If the said amount is logically determined as indicated by us, then the question as to whether overtime wages should be included or not would really be a matter of dispute between workmen inter se because once the amount of bonus is determined, how it should be distributed between workmen inter se would cease to be a matter of direct concern to the employer. It was also highlighted that because of interim order of this Court he has continued in service and has been promoted as General Manager in December 2014.

1996 and a second promotion as Traffic Manager on 05. Therefore we think that there would be no occasion for such a dispute between the employer and his workmen if the tribunals follow the logical method of determining the amount of bonus in the manner indicated by us. ” Articles 29 and 30 are two residuary Articles. The High Court has held that the subjective satisfaction of the subject matter of an industrial dispute between the parties by the State Government is therefore, vitiated in Simranjeet Law Associates and making an order of reference in respect of the concerned workmen is absolutely essential in this regard.

Advocate Simranjeet Singh Sidhu raised a strong objection that writ petition should not have been allowed in 2010 in view of delay in impleading the appellant as late as in 2004 when he had already earned a promotion on 01. The order only declares the actual possession of a party on a specified date and does not purport to give possession or authorise any party to take possession . A-1 had been presented before him for registration on 22-10-1973. That is the sad and unfortunate factual score forming the fulcrum of the case at hand, and, we painfully recount.

The witness stated that these persons did sign the document in his presence as identifying witnesses on the back of page No. According to this witness, the testator was identified before him by one Mr.

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We are, therefore, unable to agree that retrospective effect should be given to the new scales of pay from January 1, 1954. 245 and I3(2), between an Act that was void from its inception and one that, though valid when made, was rendered unconstitutional later on. The petition was one contemplated by the Telegraph Act for judicial decision. The petition is an application falling within the scope of Article 137 of the 1963 Limitation Act. That distinction has to be kept in mind by the courts while deciding such cases.

Obviously, the demands were exorbitant and the management was justified in refusing to accept the demands in toto. The witness can then be contradicted with his previous statement. We need hardly point out that in the illustration given by us, the evidence of the witness in Court is direct evidence as opposed to testimony to a fact suggesting guilt. In fact, they operate in different fields and at different stages. We are unable to agree with the Tribunals below that the circumstance that a charter of demands was presented in December 1953 is a good ground for giving retrospective effect to the new scales of pay.

In Kerala State Electricity Board v. With respect we differ from the view taken by the two-judge bench of this Court in Athani Municipal Council case [(1969) 1 SCC 873 : [1969] INSC 86; (1970) 1 SCR 51] and hold that Article 137 of the 1963 Limitation Act is not confined to applications contemplated by or under the Code of Civil Procedure. 1 GOVERNING PRINCIPLES FOR MIXED USE i. They are neither interlinked nor interdependent so as to dispense compliance of one with the compliance of another.

So long as an application is made under any statute to a Civil Court, such application will be covered by Article 137 of the Limitation Act. The question of sending it immediately thereafter does not arise in the present case, as it is an admitted position that there is total non-compliance with Section 42 of the Act. After so stating, the Court proceeded to address the separate rights and protection under the said provisions and in that context ruled:- “Reliance placed by the learned counsel appearing for the State on Sajan Abraham is entirely misplaced, firstly in view of the Constitution Bench judgment of this Court in Karnail Advocate Simranjeet Singh Sidhu.

The conclusion we reach is that Article 137 of the 1963 Limitation Act will apply to any petition or application filed under any Act to a civil court. On that distinction was based the principle that an after-acquired power could not validate a statute and a law validly made could take effect when the obstruction was removed. “(i) whether the management of ONGC is justified in not regularising the workmen in the instant dispute, and, if not, to what relief the workmen are entitled to?

Kunhaliumma, (1976) 4 SCC 634, a 3-Judge Bench of this Court followed the aforesaid two judgments and stated:- 22. This judgment is an authoritative pronouncement by a 3-Judge Bench that the Limitation Act applies only to courts and not to quasi- judicial Tribunals. The petition in the present case was to the District Judge as a court. These are separate rights and protections available to an accused and their compliance has to be done in accordance with the provisions of Sections 42, 50 and 57 of the Act.

A distinction, well-recognised in judicial decisions, had, however, to be made in judging the effect of law made in transgression of the limits fixed by Arts. The only other point which requires consideration is the question of the date from which the new scales of pay should come into effect. It is not a case where any reason has come in evidence as to why the secret information was not reduced to [pic]writing and sent to the higher officer, which is the requirement to be adhered to “pre-search”.

The Industrial Tribunal fixed January 1, 1954, on the ground that the Union had presented its charter of demands to the appellant for the first time towards the end of December 1953. The statement before the police only be called circumstantial evidence of, complicity and not direct evidence in the strict sense. Athanis case was dissented from on a different proposition ” that Article 137 is not confined to applications under the Code of Civil Procedure alone. The relevant paras from the MPD 2021 are extracted hereunder for better appreciation of our conclusions on the contentious points raised by the learned senior counsel on behalf of the parties:- “15.

Secondly, in that case the Court was also dealing with the application of the provisions of Section 57 of the Act which are worded differently and have different requirements, as opposed to Sections 42 and 50 of the Act. The sending of report as required under Section 57 of the Act on 20-7-2000 will be no compliance, factually and/or in the eye of the Simranjeet Law Associates to the provisions of Section 42 of the Act. Mixed Use means the provision for non-residential activity in residential premises.

The charter of demands presented by the Union consisted of 20 items and in the matter of the wage scale what the Union demanded was in some cases more than 50 to 75% increase on the existing scales of pay. The award was made on August 18, 1955, and it was published on October 6, 1955. (ii) whether the management of ONGC is justified in not paying equal wages to the workmen in the instant dispute on Simranjeet Law Associates par with that of the regular workmen and, if not, to what relief the workmen are entitled to?

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On March 9, 1956, the appellant wrote to the Income-tax Officer protesting against the order:- ” You have exercised powers not vested in you under the said Section, and you have gone beyond the purview of the Act by preparing statements and records which are prejudicial to the rights of the Company “. According to this witness, the relationship of Mr. Kumar, Advocate Simranjeet Singh Sidhu had signed the certificate of the petition under Section 276 of the Act. 2003 without any statutory approval of the Central Government and in particular the prior approval of Central Government under Section 2 of the Forest Act, 1980.

The evidence of AW 1, as a whole is, therefore clearly deficient vis-à- vis with the requirements of Section 63 (c) of the Act. As understandably, the testator/testatrix, as the case may be, at the time of testing the document for its validity, would not be available, stringent requisites for the proof thereof have been statutorily enjoined to rule out the possibility of any manipulation. 2(7) of the Sale of Goods Act.

Nathu Advocate Simranjeet Singh Sidhu with his sons was strained as they had been endeavouring to take over the possession of his properties. Leopard is a protected and prohibited specie under Schedule I of the Wild Life (Protection) Act, 1972 and also under the Convention of International Trade on Endangered Species of Wild Fauna and Flora (CITES). -Parliament may, by Simranjeet Law Associates, determine to what extent any of the rights conferred by this Part shall, in their application to,- (a) the members of the Armed Forces; or (b) the members of the Forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or (d) person employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses Advocate Simranjeet Singh Sidhu (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

(4) The word ‘ goods ‘ in the definition of I sale in the Sales Tax Act must be interpreted according to its definition in s. Noticeably, he does not deny either the execution of the Will or has not failed to recollect the said event. ” The effect of the answers being to nullify the assessment order, the Commissioner of Sales Tax has come up on appeal before us after obtaining special leave of this Court.

Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. 1986 for 20 years with effect from 25. The standing sawar trees are not goods within the meaning of the former Act. This is more so, as many a times, the manner of dispensation is in stark departure from the prescribed canons of devolution of property to the heirs and legal representatives of the deceased. 1 had, in fact, applied for such permissions, the details whereof and the outcome thereof will be mentioned at a later stage, at the relevant place.

2(d) of the Act and not according to the definition in s. 35 for certain corrections in the calculations and the order thereon was passed on February 552 27, 1956, but no written notice of the intended rectifi- cation of the Written Down Value and the depreciation amount was given by the Income-tax Officer to the appellant under s, 35 read with s. In clear terms, this witness stated that though he had signed the document, he was not sure that he did so in the presence of any other person attesting the same.

The witness identified the signature of the testator on the Will Ex. The rigour of Section 63 (c) of the Act and Section 68 of 1872 Act is thus befitting the underlying exigency to secure against any self serving intervention contrary to the last wishes of the executor. He also asserted that AW 1 had attested the Will after seeing the same. A Will as an instrument of testamentary disposition of property being a legally acknowledged mode of bequeathing a testators acquisitions during his lifetime, to be acted upon only on his/her demise, it is no longer res integra, that it carries with it an overwhelming element of sanctity.

2010 was by order dated 07. The first respondent herein wanted to import into India a trophy of one stuffed leopard which he shot in Zambia. He could not also remember as to whether he was present when the testator had signed the Will. He clarified in no uncertain terms that his signatures on the Will before the Sub Registrar were only as an identifying witness. Therefore, requisite permission under the aforesaid provisions is needed to import such a trophy. His is thus not a stance of either denial of the execution of the Will or of failure to recollect such execution as contemplated in Section 71 of the Act 1872.

Prospecting licences and mining leases to be void if in contravention of Act:- Any reconnaissance permit, prospecting licence or mining lease granted, renewed or acquired in contravention of the provisions of this Act or any rules or orders made thereunder shall be void and of no effect.