Top Land Dispute Lawyers In Supreme Court of India House Number 815 First Floor Sector 16D Chandigarh 160016 9876616815


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Most Famous Lawyers in Supreme Court of India – Advocate Simranjeet Singh Sidhu +919876616815 -.

An independent judiciary can exist only when persons with competence, ability and independence with impeccable character man the judicial institutions. which may have a somewhat remote connection with the business of prospecting, exploration or production of mineral oils. The authorities cited at the Bar though underline the primacy of the opinion of the Medical Board on the issue, however, do not relieve it of its statutory obligation to record reasons as required.

Necessarily, the decisions turn on their own facts. Therefore, only persons with a judicial background, that is, those who have been or are Judges of the High Court and lawyers with the prescribed experience, who are eligible for appointment as High Court Judges, can be considered for appointment of Judicial Members. A mistaken inference from documents is no less a finding of fact, if there is no misconstruction of the documents, and this principle should be applied to the discussion of the documentary evidence in this case, because if there was no misconstruction of the documents,-the concurrent findings would be not of Law firms in Supreme Cour of Indiat but of fact and the error, if any, equally of fact.

Given the larger indebtedness of many TSPs to public sector banks (and private sector banks), an exit from an LSA raises the prospect that some part of that TSPs debt could become a Non-Performing Asset (NPA). 5 years alone the Petitioner has contributed over Rs. It is also implied that only men of standing who have special expertise in the field to which the Tribunal relates, will be eligible for appointment as Technical members.

Having mentioned the powers of the Sarpanch, it is necessary to appreciate how a Village Panchayat functions under the Act. Rule of law can be meaningful only if there is an independent and impartial judiciary to render justice. Section 2(14) defines Panchayat which means a village panchayat, taluka panchayat or district panchayat. The said provision reads as follows:- 3. [6] It is submitted that through the past 19 years and even now on a continuing basis, Writ Petitioners have been faithfully operating their UAS license and have, as of 30 of June 2014, invested over Rs.

Confession by accused while in custody of police not to be proved against him. Learned counsel for the revenue has even suggested that if it is held that the High Supreme Court India lawyers Court Law firms (Highly recommended Resource site) ought to have examined each agreement or contract to find out its real purpose and intent the revenue would have no objection if the matters are remanded for a complete exercise to be made on the above basis. – For the purpose of this Act, there shall be in each district- a village panchayat for each village.

” No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. With the provisions involved being common in view of the uniformity in the exposition thereof, a dilation of the adjudications is considered inessential. Though such services may have some connection with the prospecting, extraction or production of mineral oil, the primary service rendered by the non-resident companies on the basis of the agreements is not for prospecting, extraction or production of mineral oil but various ancillary services like training of personnel etc.

As pointed out already, the two Courts below have concurred in holding that the deity was not a mere family deity in which the public had no interest, and that the properties given to the deity constituted a religious and charitable endowment of a public nature. Ordinarily, such a finding is a finding of fact, not open to further scrutiny by this Court, but the appellant contended that the legal inference drawn from the proved facts in the case was erroneous and a point of Law firms in Supreme Court 781 therefore arose.

544 crores, the Petitioners are providing world class service to over 717 lakh subscribers as of June 2014, the Petitioner has built an average subscriber market share of 23# (average for six circles ” the shares range between 19# and 32# for various circles), the petition is offering affordable tariffs and innovative services to consumers, the Petitioner is providing direct and indirect employment to thousands of people, in last 3. When the legislature proposes to substitute a Tribunal in place of the High Court to exercise the jurisdiction which the High Court is exercising, it goes without saying that the standards expected from the Judicial Members of the Tribunal and standards applied for appointing such members, should be as nearly as possible as applicable to High Court Judges, which are apart from a basic degree in law, rich experience in the practice of law, independent outlook, integrity, character and good reputation.

Establishment of Panchayats of different tiers. Section 3 deals with establishment of Panchayats on different tiers. 19,545 crores setting up a state of the art mobile network in these 6 circles; in three months period between April and June of financial year 2014 ” 15 alone, the investments made by the Petitioner was Rs. 11,035 crores to the government exchequer by way of licence fee, Spectrum charges, direct and indirect taxes, etcetera between financial year 2011-12 and financial year 2014-15 (upto June 2014).

9 What is more, there are potential spillover effects to other sectors.

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Advocate Simranjeet Singh Sidhu
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It assumes the attributes and elements of the activity under Art. Her liver, pancreas and kidney were found to have no pathological lesions, and it is significant that no question was even attempted to establish that the opinion of Dr. Is this pen-down strike a strike within s. In our opinion the said process cannot be said to be one which results in changing the identity of the cloth which is subject to the said treatment and the said process does not give rise to a new product which is marketable.

Learned counsel for the appellant suggested that the examination by Dr. It is the cumulative effect of the various processes to which the raw material is subjected to (sic that the) manufactured product emerges. We find that the Central Government itself, in another matter relating to M/s. Process in manufacture or in relation to manufacture implies not only the production but the various stages through which the raw material is subjected to change by different operations.

” For the petitioner it was argued that s. Manufacture thus involves series of processes. Therefore, each step towards such production would be a process in relation to the manufacture. It is clear from the decision of the appellate tribunal that it was not at all satisfied with a substantial part ,of the documentary evidence adduced by, the Bank. 2(q) defines a strike as meaning a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.

In such a case, advertisement is a part of business even though as described by Mr. CCE, Jaipur, 1999 (112) E. Jhala performed the examination adequately, and he was also helped by his assistants. In Dalmia Industries Limited v. 698 (b) prescribe the manner in which advertisement of articles or things referred to in cl. Jhala on this part of the case was incorrect. Coma in Laxmibai’s case, as we have shown above, was not the result either of acidosis, hypoglycemia, renal failure or meningial irritation.

It is no doubt true that in some cases of coronary thrombosis, coma supervenes; but it is idle to suggest in the present case that Laxmibai was afflicted by this type of coma, because Dr. Munshi its creative part, and it was being used for the purpose Supreme Court of India furthering the business of the petitioners and had no relationship with what may be called the essential concept of the freedom of speech. has passed an Order on 17-5- 1977 (page 83 of Paper Book) wherein, it has been held that the transformation brought about the dipping of cotton fabrics in a soap solution is not a permanent one; it is not an operation which results in the production of a new article which could be bought and sold as such in the market.

This suggestion, in our opinion, ought to have been put forward during the cross-examination of the witness, and it is unfair now to suggest that the opinion that no lesions were found was based on either improper or inadequate examination. An advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. It was conceded before the appellate tribunal that a pen-down strike falls within this definition, and this position is not seriously disputed before us either.

The finding of the tribunal on this point is that the persons who took part in the pen-down strike not only ceased to work but continued to occupy their seats. A tumultuous crowd had gathered outside the premises of the Bank and some persons in the crowd were shouting slogans in support of the strike. According to Otto Saphir, a myocardial infarct is easily detected. It cannot be said that the right to publish and distribute commercial advertisements advertising an individual’s personal business is a part of freedom of speech guaranteed by the Constitution.

When it takes the form of a commercial advertisement which has an element of trade or commerce it no longer falls within the concept Supreme Court of India freedom of speech for the object is not propagation of ideas- social, political or economic or furtherance of literature or human thought ; but as in the present case the commendation of the efficacy, value and importance in treatment of particular diseases by certain drugs and medicines. It held that the affidavits filed by the Bank were sometimes prepared en masse and the deponents simply put their signatures on them.

The first contention raised by the Bank is in regard to the conduct of the employees in entering upon a pen-down strike and its effect on their claim for reinstatement. 14 may be sent confidentially. The condition of Laxmibai clearly indicated an impairment Supreme Court of India the central nervous system. 19(1) which it seeks to aid by bringing it to the notice Supreme Court of India the public. Where any particular process is so integrally connected with the ultimate production of goods that but for that process manufacture or processing of goods would be impossible or commercially inexpedient, that process is one in relation to the manufacture.

Jhala might have been superficial, and might not have included a microscopical examination of sections of some of the vital organs normally affected by diabetes. 2(q) of the Act or not? 3(d) is delegated legislation and not conditional legislation as the power delegated therein is only to specify conditions and diseases in the rules. The said process cannot, therefore, be regarded as a manufacturing process. Jhala who performed the postmortem examination and opened the coronary arteries found no evidence of thrombosis.

Top Notch Advocates in Supreme Court of India – Simranjeet Law Associates 815, Sec 16D, Chandigarh .

It purports to prescribe a scheme for the guidance of the Controller or other authorities specified in it when they exercise their powers and attempt to effectuate the policy of the Act. 141 of 1954 and Criminal Misc. It was said in this letter that difficulty had arisen because of the non- availability of quota and it was hoped that the balance remaining under the contract would be shipped as soon as quota was available. Notwithstanding this position, the argument of Mr.

3 the Central Government could itself have prescribed a price structure for steel and iron from time to time. We have also mentioned that in the instant appeals, all these assessees had got the housing projects sanctioned prior to 01. What does the Order purport to do ? First, there is no permanent seat of the High Supreme Court of India at Allahabad. The respondent sent a reply to this letter on July 25, 1947, and the appellant wrote a further letter on August 1, 1947, in which it was said that the remaining amount of jute under the contract would be shipped as soon as the quota was available.

2(b) and the proviso to S. There can be no doubt that in exercising its powers under s. If any state off acts can reasonably be conceived to sustain a classification, the existence of that state of facts must be assumed. ), that the equality before law, guaranteed by Art. The seats at Allahabad and at Lucknow may be changed in accordance with the provisions of the Order. Once these three elements are proved to be present, the enquiry proceeds further and, Fourthly, it must be proved that the injury of the type just described made up of the three elements set out above is sufficient to cause death in the ordinary course of nature.

Instead of passing a bare notified order authorising the Controller to take appropriate steps to effectuate the policy of the Act, the Order purports to give him additional guidance by making several relevant provisions in regard to the production, supply and sale of steel and iron. The contract also provides for an appeal by any party dissenting from an arbitration award to the London Jute Association in accordance with the regulations in force for the time being. If the appellant’s contention is upheld then the provisions of s.

If the legislature intended to exclude a transfer constituting an act of insolvency from the operation of these provisions, it would have introduced a proviso to that effect. All other conditions mentioned namely the date by which approval was to be given and the dates by which the projects were to be completed as on the date when the project was sanctioned, are also met by the assessees. The several clauses of the Order constitute an integrated scheme which would enable the Controller to take steps to give effect to the policy laid down by s.

149 of 1956, arising out of the judgment and order dated the 14th January, 1956, of the First Additional Sessions Judge, Agra, in Sessions Trial No. We have already pointed out that the parties are ad idem that the amendment is prospective in nature and, therefore, it operates from 01. ” In the opinion of their Lordships, no action is proposed within the meaning of the sub-section until a definite conclusion has been come to on the charges and the actual punishment to follow is provisionally determined on.

June 23, 1947, thirty-nine bales of jute were consigned by the appellant to Rio de Janeiro in part performance of the contract and information of this was given to the respondent by letter on July 17, 1947. Prior to that stage, the charges are unproved and the suggested punishments are merely hypothetical. To sum up, our conclusions are as follows. On the other hand, the Act makes ample provision for setting aside such transfers. Lastly, it is provided that the contract would be construed according to the laws ,of England whatever the residence and nationality of the parties might be or become and would be deemed to be performed there.

This date was to be the date in London on declaration of default by telegram or without such declaration if default was eventually made by lapse of time on the 21st day after expiry of the extended period. 14, no doubt prohibits class legislation but it does not prohibit the Legislature to legislate 647 on the basis of a reasonable classification. Similarly, if by a notified order issued under s. 2005 and the construction of the said housing project also started before 01.

The contract provides that in the event of default of tender or delivery, the seller shall pay to the buyer as and for liquidated damages 10s. In the aforesaid scenario, we revert back to the question that is to be answered. For the avoidance of doubt this section declares that a member of the scheduled castes or scheduled tribes shall not be disqualified to hold the seat not reserved for members of those castes or tribes if he is otherwise qualified to 439 hold such seat under the Constitution and the Act.

Appeal from the judgment and order dated the 8th May, 1957, of the Allahabad High Supreme Court of India, in Criminal Reference No. 4(1) Of the Act, Held (per Sinha, C. per ton plus the excess (if any) of the market value over the contract price, the market value being that of jute contracted for on the day following the date, of default. The courts of England or 572 arbitrators, as the case might be, would have exclusive jurisdiction over all disputes which might arise under the contract, except for the purpose of enforcing in the Colonies or abroad any arbitration award made under this contract, On.

This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender. 3 the Central Government bad authorised the Controller to do so, he could have himself prescribed a price structure in respect of steel and iron from time to time. Sections 53 and 54 of the Act enable the Official Receiver to have voluntary transfers made within two years of the insolvency petition and that made in fraudulent preference of one creditor over another within three months from the date of the petition annulled by the Supreme Court of India.

There is also a provision for arbitration, which lays down that any claim or dispute whatever arising out of, or in relation to this contract or its construction or fulfilment shall be referred to arbitration in London in accordance with the bye-laws of the London Jute Association, and it was open to either party to claim arbitration whenever and as often as disputes arose. It is on that stage being reached that the statute gives the civil servant the opportunity for which sub-section (3) makes provision.

, Gajendragadkar and Shah, jj. Clause 11B itself provides for the fixation of maximum prices for iron and steel. On appeal by special leave challenging the vires Of S. There is one more section of the Act to – which reference must be made. Therefore, unless such a transfer is duly annulled in the manner prescribed, the transfer would’ be valid.

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15,000, was drawn by Govindprasad and the further amounts for building the house were supplied, were not filed. To substantiate the said stand, he has placed reliance on United India Insurance Co. Unlike some other federal legislatures, Parliament, representing the people of India as a whole, has been vested with the exclusive power of admitting or establishing new States, increasing or diminishing the area of an existing State or altering its boundaries, the Legislature or Legislatures of the States concerned having only the right to an expression of views on the proposals.

637 ground it declared the transfer void. Harchand Rai Chandan Lal[13]. They contended (1) that the Ordinance violated Art. 14 of the Constitution of India, (ii) that the Ruler had no legislative competence to issue the Ordinance as it dealt with defence, (iii) that S- 5 of the 681 J. This aspect has not been ignored by this Supreme Court of India in the aforesaid decision, and the Supreme Court of India observed, at p. Whether or not the dispute sought to be raised was a dispute touching the business of the society is in that view one of the questions that needs to be examined.

Relying on the decision in Ex _varte Learoyd (1), a decision on analogous provisions of the Bankruptcy Act, the Privy Council made the following observations at p. It may, therefore, be held that the accounts, which could have thrown some light on the sources from which Rs. It is argued by him that the terms of the policy are to be construed strictly and neither any addition nor any subtraction from it is permissible. The nature of the dispute, therefore, did not obliviously touch the constitution and management of the society nor did the dispute have anything to do with the liquidation of the society.

It is not correct to contend that the word ‘Bill’ in the proviso must be interpreted to include an amendment of any of the clauses of the Bill or at least a substantial amendment thereof, and that any proposal contained in such amendment must be referred back to the State Legislature. 78 614 Indian Union was sovereign and independent in the sense the American colonies or the Swiss Cantons were before they formed their federal unions. But it is curious that in his examination-in-chief this witness came straight to his account of ‘coming to the plaintiff’s house on January 2, 1944, and informing him about the sale by Jogeshwari of her Milkiat to Gajadhar without saying a word as to his visit to Gajadhar’s house, to the purpose of his visit and the manner in which Gajadhar gave him the information, or even the detailed nature of the information.

Section 5 of the Constitution Act was repealed on November 17, 1951. Constitution Act having been repealed the Ordinance came to an end, (iv) that the Ordinance had lapsed as the emergency on account of which it was issued had ceased, and (v) that the Ordinance was void as it was inconsistent with the Emergency Provisions in Part XVIII of the Constitution of India. The same well-settled principles laid down in the matter of amendments to the pleadings in a suit should also regulate the exercise of the power of amendment by a Tribunal.

It is in vain that we look into his evidence, whether in examination- in-chief or in cross-examination, for the exact information given by Gajadhar. In the case at hand the dispute raised by the appellant-society before the Deputy Registrar related to the alleged refusal of the respondent to complete the sale transaction in terms of the agreement to sell executed between the respondents and/or their predecessors-in- interest, on the one hand, and the appellant-society on the other.

Gupta, while criticizing the repudiation of the claim, has drawn our attention to clause 3 of the communication which states that the bill was not noted and protested at buyers country and in that regard argued that the ascription of the said reason is beyond the terms and conditions of the policy, for it has nowhere been prescribed in the policy that insured has to get the bill noted and protested at buyers country in order to claim the amount under the policy. We must make it clear that within the limits prescribed by the decisions of this Court the discretionary jurisdiction of the Tribunals to amend the pleadings is as extensive as that of a civil Supreme Court of India.

It is significant that for making such territorial adjustments it is not necessary even to invoke the provisions governing constitutional amendments. On further appeal, the Privy Council agreed with the High Supreme Court of India. The appellants were prosecuted under the Ordinance for offences alleged to have been committed on June 27 and 28, 1957. 304 As this stage, we must guard against one possible misapprehension. The Constituent Assembly of India, deriving its power from the sovereign people, was unfettered by any previous commitment in evolving a constitutional pattern suitable to the genius and requirements of the Indian people as a whole.

It was in cross-examination that he disclosed that he went to Gajadhar’s house for “barthuari”. Courts and Tribunals are constituted to do justice between the parties within the confines of statutory limitations, and undue emphasis on technicalities or enlarging their scope would cramp their powers, diminish their effectiveness and defeat the very purpose for which they are constituted.

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As we have already pointed out, for the pre-1939 block he has taken 4. As soon therefore as an employer introduces a production bonus scheme and the same is put in operation and the workmen accept it becomes a term of employment of the workmen working under him and any dispute with respect to such a term of employment is an industrial dispute and if it is referred to a tribunal under s. 28 is really made up of two multipliers.

It is on this evidence that Mr. 1022 dispute or difference between the employers and workmen which is connected with the employment or non-employment or the terms of employment or with the conditions Simranjeet Law Associates of labour, of any person. We deem this averment sufficient for the appellant to contend that Section 14 of the Limitation Act or principles laid down under it would be attracted to the facts of this case. It includes persons involved in carrying on any business or trading activity and transactions effected by them whether in the course of business or not.

The petition is an application falling within the scope of Article 137 of the 1963 Limitation Act. In Kerala State Electricity Board v. The Registry is directed to transmit the records forthwith. The expression “possess or possessed” is often used Simranjeet Law Associates in connection with statutory offences of being in possession of prohibited drugs and contraband substances. Kunhaliumma, (1976) 4 SCC 634, a 3-Judge Bench of this Court followed the aforesaid two judgments and stated:- 22.

He has explained that the multiplier of 4. 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. Tongaonkar has adopted the respective multipliers and divisors in arriving at the figure of the amount required for rehabilitation. 28 as the multiplier, whereas for the block purchased between 1940-44 he has taken 2. A dispute arising about such an emolument clearly comes within the words ” terms of employment “.

This Court in paragraph 26 of the judgment has observed: (emphasis supplied) A perusal of the aforesaid definition would indicate that definition of dealer under the Act is an inclusive definition whereby wide range of persons has been placed under the ambit of dealer. , (2015) 3 SCC 735 where this Court has interpreted the said provision. 10, as has been done in this case, it has jurisdiction under s. Simranjeet Law Associates 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.

We also direct the Presiding Officer of the Special Court to dispose of the bail applications expeditiously, preferably within one month from the date of his/her assumption of Office as Special Judge. The conclusion we reach Simranjeet Law Associates is that Article 137 of the 1963 Limitation Act will apply to any petition or application filed under any Act to a civil court. It is profitable to refer to the decision of this Court in Assistant Commissioner, Ernakulam v.

The petition was one contemplated by the Telegraph Act for judicial decision. However, in an application for condonation of delay the appellant pointed out that they were pursuing a remedy before another appellate forum which ought to be excluded. 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. This Court has examined the scope and ambit of the definition of dealer under the Act. We, therefore, request the Chief Justice of the High Court of Bombay to pass appropriate orders either for posting these cases before a learned Judge by way of special order or appoint a Presiding Officer exclusively for deciding these cases in order to ensure speedy trial.

Conscious or mental state of possession is necessary and that is the reason for enacting Section 35 of the NDPS Act. The argument therefore on this head must be rejected and it must be held that the tribunal had jurisdiction under the Act to deal with the scheme of production bonus which had been introduced in this company and was in force at all material times. Certain portion of the plant and equipment which is obtained from abroad is estimated at 60% of the total cost and the expenditure on the remaining items is estimated at 40% of the total cost.

Athanis case was dissented from on a different proposition ” that Article 137 is not confined to applications under the Code of Civil Procedure alone. Hindustan Urban Infrastructure Ltd. On a perusal of the aforesaid provision, it is plain as day that it includes knowledge of a fact. That apart, Section 35 raises a presumption as to knowledge and culpable mental state from the possession of illicit articles. The question before this Court was whether an Official Liquidator is a dealer within the meaning of section 2 (viii) of the Act.

The petition in the present case was to the District Judge as a court. We have already held that the production bonus scheme in this case is an incentive wage plan and what is paid under the scheme over and above the basic wage is supplementary emolument depending upon annual production.