Famous Rent Lawyers In Supreme Court of India House Number 815 Sector 16D Chandigarh 9876616815


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Simranjeet Law Associates

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: represented a PRC activated carbon maker and distributor in a dispute with its US organization partner above a claim of RMB21 million

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, “British industry experts revolt as austerity hits the middle course,” 26 Apr. 2018 These case in point sentences are selected quickly from various on the web information sources to replicate existing use on the phrase ‘ Best Lawyer in Supreme Court .

Your contribution might be additional edited by our team, and its publication is subject matter to our remaining approval. Unfortunately, our editorial tactic will not be equipped to support all contributions.

Soon after he adjusted his job route to personal exercise in 1990, he predominantly represented defendants prosecuted through the ICAC alternatively.

These picking never to observe go on to get recognised as ‘ Best Lawyer in Supreme Court ‘, While may not present legal products and services beneath this label, and continue being topic to some confined regulation by the Bar Expectations Board.[7]

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Most Famous Lawyers in Supreme Court of India – Simranjeet Law Associates House Number 815, Sector.

The appellant and respondents 1, 3,5 and 7 therein were duly nominated candidates for the general seat in the said constituency, while respondents Nos. It is urged that the eventual test is one of pith and substance of the agreement, namely, whether the works contemplated or services to be rendered under the agreement is directly and inextricably linked with the prospecting, extraction or production of mineral oil. This case arose out of an election held in December, 1951, for the double member Lakhnadon Legislative Assembly Constituency in Madhya Pradesh, one of the seats being reserved for Scheduled Tribes.

The most important of them are considered in the judgment of Gajendragadkar, J. The Trade Marks Act, 1999 was also considered. Atiqa Begum Navinchandra Mafatlal v. Taluqdars of Gujrat (they were not known as Taluqdars then, because the name was given much later) originally occupied the position Supreme Court of India Chiefs or Rulers. In other words does it, in pith and substance, relate to duties of excise on tobacco as contained in item 45 or it falls within the boundaries of items 27 and 29 of the provincial list and if it falls within the former, is its validity affected by its incidental trespass into the territory reserved for provincial legislation.

In the interpretation of the scope of these items the widest possible amplitude must be given to the words used and each general word must be held to extend to ancillary or subsidiary matters which can fairly be said to be comprehended in it. It is submitted on behalf of the appellants that the agreements in question satisfy the above test for which purpose the appellants have categorized the different contracts under 8 heads which may be conveniently set out at this stage hereinbelow.

100(1)(d)(iv) respectively of the amended Act. When the Mahomedans invaded Gujrat, they found the country partitioned out into estates of large or small Chiefs, whom they forcibly deprived of all but one-fourth of their possess ions, and the portion thus left took the name of ‘wanta’ (divided). 2, 4 and 6 were nominated for the reserved seat. In view of this clear opinion, it is hardly necessary for us to consider again the cases which Preceded the decision of this Supreme Court of India.

Reliance has also been placed on decision in Dhodha House (supra) in which this Supreme Court of India considered the question about the maintainability of the composite suit for infringement of the Copyright Act, and the Trade and Merchandise Marks Act, 1958. development of industries, subject to the provisions in List 1 with respect to the development of certain industries under Federal control. Some ‘wantas’ were free of payment of pent or revenue; other ‘wanta’ estates paid a tribute in the shape of an ” udhad jama ” (fixed sum).

It was in that connection that the observation above quoted was made. 2 were declared elected to the general and reserved seat respectively. Gannon Dunkerley [1959] S. (as he then was) in Maharaja Bikram Kishore v. Most of the cases are also considered in the judgment of Harries, C. Before us the opinion of the learned Attorney General has been placed by the learned counsel for the appellants at great length to contend that the views expressed by the learned Attorney which had been accepted by the CBDT were based on an exhaustive consideration of the provisions of the Mines Act, 1952 and the Mines and Minerals (Regulation and Development) Act, 1957 read with the relevant Entries in the Union and the State List in the 7th Schedule to the Constitution of India.

” In order to determine the reasonableness of the restriction regard must be had to the nature of the business and the conditions prevailing in that trade. No objection was taken before the Returning Officer in respect _of the nomination of either the appellant or respondent No. The accession and domination of the Marathas made no substantial difference to the position of these semi-independent chiefs, except that the annual payments varied under the Maratha rule. After the Moguls came the Marathas.

Then came the British, who for sometime continued 396 to realise annual payments according to past years; It is obvious that these factors must differ from trade to trade and no hard and fast rules concerning all trades can be laid down. It will be convenient and in fact necessary for the purposes of present adjudication to take a careful note of the provisions of Sections 44BB, 44D and also clause (vii) of Explanation 2 to Section 9(1) of the Income Tax Act, 1961 (hereinafter for short the ˜Act).

The Excise Commissioner and The Chief Commissioner Ajmer the point for decision was whether the statute there impugned, infringed the right to carry on trade in liquor and also whether the auction money was a fee or a tax. The appellant and respondent No. This was before the Mahomedan rule in Gujrat. The Commissioner of Incometax (2); The State of Madras v. ” The question for decision is whether the Act in question is a law with respect to the matters enumerated in item 45 of List 1 or to the matters enumerated in item 27 and 29 of List 11.

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Some of the questions were not properly answered by Shantabai, but she stated by pantomime that on the day on which she left, the appellant had given two injections to Laxmibai. 70, and is dated November 12, 1956. 13), the Principal of a Deaf and Mute School. She went to Virkar’s Block at 8 p. It appears that Shantabai had studied Marathi, and was able to answer questions written on a piece of paper, replies to which questions she wrote in her own hand. Mouskar on November 15, sent to the Coroner a certificate of the death of the patient Indumati in the G.

The receipt signed by Laxmibai is Ex. Later, she brought the receipt to Virkar seated at his meals, asked him not to get UP and left the receipt in his room. The fact that a legislation, directed in its path and substance to regulate gambling, incidentally placed certain restrictions on business was held not to make the law violative of the fundamental right to carry on business. The only post that survived the economy drive was assigned to the permanent incumbent.

Held, further, that there could be no doubt, in view of the interpretation put upon Art. Both parties appealed to the Labour Appellate Tribunal against this revision. After consideration of the recommendations of the Telecom Commission, the Department of Telecommunications has taken following decisions: [12] Section 11. The Committee examined the role of the Government and the goals before the government and recorded as follows: The Committee submitted its report on 13.

The Committee consisted Supreme Court of India technical experts from different institutions, the Ministry of Defence etc. I have earlier stated that the case paper had not initially given the final diagnosis as to the 530 cause of Laxmibai’s death but bore the endorsement “Asked for postmortem “. 2009 which contained many recommendations. Both of these alterations had been made by Dr. On the same day, that is, November 15, the police wrote a letter to Dr. In the workmen’s appeal it was contended that the scheme put forward on their behalf should have been accepted.

and included representatives of the private mobile telephone service providers. Consideration of any extraneous or irrelevant material will vitiate the belief/satisfaction. The learned Sessions Judge made a note to the following effect: and told him that she was going to Bombay to consult a doctor in the company of the appellant and needed money. In 1952, all the posts of Public Relations Officer excepting one in the External Services Division were held in abeyance as a measure of economy.

50 and 471 Laxmibai went back to her Block saying that she would give a receipt. -Substituted and re-numbered for Section 3(1) by the Act 15 of 1961 [4] Resolution of problems of existing operators The New Policy Framework which seeks to significantly redefine the competitive nature of industry, would be applicable to new LICENCEES. [10] See para 32 of the impugned order [11] Recommendations of TRAI on ˜Spectrum Management and Licensing Framework of May 11, 2010 along with its further recommendations of February 08, 2011, clarifications of May 03, 2011 and response dated November 03, 2011 were considered by the Telecom Commission.

Laxmibai, according to the will of her husband, was entitled to Rs. 2006, the Government constituted a Committee headed by Shri Subodh Kumar, Additional Secretary, Department of Telecommunications. Anija who put her signature under the crossed out entry. Hospital stating therein diabetic coma as the cause of her death. The company contended that no greater revision than what it had agreed to should have been ordered. By this time the alteration in the case paper had clearly been made, crossing out the direction as to postmortem examination and stating therein diabetic coma as the cause of death.

They further contended that the condition of minimum attendance for 100 days should not have been laid down and that the bonus for the years 1951 and 1952 should have been awarded at the revised rates. At some stage, as to which the evidence is conflicting and which I will have to discuss later, the endorsement ” Asked for postmortem ” was crossed out and the words “diabetic coma ” were written on the case paper as the caus Supreme Court of India the death of the patient.

5 In sum, the two crucial facts are: Functions of Authority”(1) Notwithstanding anything contained in the Indian Telegraph Act, 1885 (13 of 1885), the functions of the Authority shall be to” (a) make recommendations, either suo motu or on a request from the licensor, on the following matters, namely:” (ii) terms and conditions of license to a service provider; [13] 2. 50 out of the rents from tenants. 14), a servant of Laxmibai, was deaf and dumb, and her evidence was interpreted with the help of Martand Ramachandra Jamdar (P.

19(1)(a) of the Constitution by this Supreme Court of India, that liberty of the press was an essential part of the freedom of speech and expression guaranteed by that Article and the press had thereunder the right of free propagation and free circulation without any previous restraint on publication. (iii) There must be application of mind to the material and the formation of opinion must be honest and bonafide.

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(3) If a reply to the notice given under subsection (1) is received from the manager or the owner of the factory, objecting or consenting subject to modification to the requisition specified in such notice, the Government shall, on a request made to it by the Municipality in this behalf appoint a special judicial officer, who shall not be below the rank of a District Judge (hereinafter referred to as the Special Officer), to hold an inquiry into the 395 matter.

4(1) is a perfectly rational basis. One consequence of this is that the Court will not review findings of fact reached by the inferior Court or Tribunal, even if they be erroneous. On July 21, 1944, the trial Supreme Court of India allowed the said application and certified that the proposed reference was for the benefit of the minors and so referred ” the matters in dispute in the suit and all matters and proceedings connected therewith ” for determination by the two arbitrators named by the parties.

Thereafter they came to this Supreme Court of India for special leave and prayed for ex parte stay, which was refused. On April 30, 1959, the petitioners challenged the new scheme before the High Court of Mysore by a writ petition. 7, was also filed since three of the parties to the dispute were minors. Such safeguards are also provided in our Minimum Wages Act, 1948. It may be mentioned here that in order to avoid inconvenience to the public temporary permits had been granted to the petitioners on the expiry of the renewal upto March 31, 1959, for a period of four months or upto the time the Department was granted permits under s.

In the present case there can be no doubt that the basis adopted by the Legislature in classifying one class of public servants who are brought within the mischief of s. That petition was however dismissed on June 1, 1959. In that context, this Court has observed thus : In case the court is not having jurisdiction under one of the Acts, merely by combining the causes of action, the jurisdiction cannot be conferred upon the court.

” Section 153B states: The classification made by the impugned Act is arbitrary and unreasonable in so far as it removes the newspaper employers vis-a-vis the working journalists from the general operation of the Industrial Disputes Act, 1947. Admission is not conclusive proof of the matter admitted, although it may in certain circumstances operate as an estoppel. 12 of the Act makes the decision of the Wage Board binding only on the employers and not on the employees and(iv) s.

This Court has laid down that composite suit may be maintainable under the Copyright Act and the Trade and Merchandise Act, 1958 but that may not be relevant for the purpose of determining the question of a forum where a suit can be instituted. Notice was however issued on the stay application which was served in June 18,1959. An application under 0. Provided further that a licence or a proprietor’s certificate shall not be cancelled unless the licensee or the proprietor has been furnished with the grounds for such cancellation and has been afforded reasonable opportunity to show cause why his licence shall not be cancelled.

1123, has observed as follows: ” The Supreme Court of India issuing a writ of certiorari acts in exercise of a supervisory and not appellate jurisdiction. 68F, whichever was earlier. 68F of the Act on April 24, 1959. The Special Officer shall make the inquiry in such manner and perform such functions and within such time as may be specified in the order of appointment. It is based on an intelligible differentia and there can be no difficulty in distinguishing the class of persons covered by the impugned section from other classes of persons who are accused of committing other offences.

Here the work of the committees, sub-committees and advisory committees is coordinated by advisory boards and the work of the advisory boards is coordinated by the central advisory board which advises the Central Government in the matter of the fixing of the minimum rates of wages and other matters under the Act and it is after the receipt of such advice from the Central advisory board by the appro- priate Government that the latter takes action in the matter of fixation or revision of minimum rates of wages.

In the present case, as the appellant was in no way misled as to his quasi-permanent status by the erroneous order of the Government, no question of estoppel could arise. 17 provides for recovery of money from employers only and not from employees in the same manner as an arrear of land revenue. ” While considering the fourth proposition whether the writ can be issued in the case of a decision which was erroneous in law, after considering the recent Authorities, the same learned Judge, in the course of his judgment, at p.

Where, however, the appropriate Government propose to fix the minimum rates of wages without reference to the various committees, or sub-committees, it publishes its proposals by notification in the Official Gazette for the information of persons likely to be affected thereby and fixes the minimum rates of wages only after considering the representations received by it from the interested parties.

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764 of the Report the learned Judge says: 19(6) of the Constitution on the view that the test of reasonableness was not satisfied and not on a view that ” prohibition ” went beyond ” restriction “. I need hardly observe that I am not interpreting an ordinary statute, but a Constitution which apart from setting up a machinery for Government, has a noble and grand vision. 19(1)(g) of the Constitution, based his decision that the impugned law did not come within the saving provisions of Art.

11 goes on to provide that, by way of enlargement 640 of the trustee’s title, he may go behind the act of bankruptcy on which the adjudication was founded, and may, under certain circumstances and subject to certain limitations, prove that other earlier acts of bankruptcy have been committed, and if this is done the trustee’s title is to relate back to the earliest act of bankruptcy which is proved to have been committed within twelve months before the adjudication.

The mere fact that sect. in Kesavanada Bharti (supra) observed thus:- 15. It seems to me to be impossible to evade the words of these sections. 2004 was enacted soon after in January 1948. 10 of the Bankruptcy Act, remarked on the scope of s. Unfortunately, modern developments both in the field of cinema as well as in the field of national and international politics have rendered it inevitable for people to face the realities of internecine conflicts, inter alia, in the name of religion.

If some scenes of violence, some nuances of expression or some events in the film can stir up certain feelings in the spectator, an equally deep strong, lasting and beneficial impression can be conveyed by scenes revealing the machinations of selfish interests, scenes depicting mutual respect and tolerance, scenes showing comradeship, help and kindness which transcend the barriers of religion. There was ” cease-fire ” on January 1, 1949 and the raids came to an end. ” It has to be noticed, however, that these observ- ations were made in the context of an argument of conflict between Art.

384 exercise of the right of free movement throughout the territory of India as explained above. The State acceded to India on October 26, 1947. The vision was put in words in the preamble and carried out in part by conferring fundamental rights on the people. Now, we shall refer to the Preamble as it uses the words liberty of thought and expression In Kesavanada Bharti v. This was followed by the present Ordinance which became law an January 24, 1949. We, thus, allow this appeal, quash the order of the Tribunal and restore the order that was passed by the Commissioner.

21 of the Constitution and could not have been intended for general application. State of Kerala and Others[68], emphasis has been laid on the preamble of the Constitution and its objectives. The State of Madhya Pradesh (1) the constitutionality of the Central Provinces and Berar Regulation of Manufacture of Bidis (Agricultural Purposes) Act, came up for consideration, Mahajan, J. The circumstances in which the Ordinance came to be passed were these: Outside raiders began attacking Kashmir on October 22, 1947.

, delivering the judgment Supreme Court of India the Supreme Court of India, after pointing out that the question was whether the total prohibition of carrying on the business of manufacture of bidis within the agricultural season amounted to a reasonable restriction of the fundamental rights mentioned in Art. 2004, therefore, the Ordinance was passed consolidating the law and repealing the earlier Ordinance. The upshot Supreme Court of India the aforesaid discussion is to hold that the impugned decision of the Tribunal does not stand judicial scrutiny and warrants to be set aside.

II, which has no operation at all as between the bankrupt and the trustee. 1 1 is dealing with the relation back of the trustee’s title, shews that it is dealing with the rights of third persons, and not merely with the rights of the bankrupt and persons indebted to him. The vision was directed to be further carried out by the application of directive principles. This, however, is to be proved by evidence, whereas the act of bankruptcy on which the adjudi- cation is founded is proved by the production of the adjudication itself.

The bankrupt has no rights whatever; all his rights have been transferred to the trustee. That section may, however, only involve this, that some act of bankruptcy had been committed before the adjudication was made. The preamble to the Ordin- ance says that an emergency had arisen as a result of 683 wanton attacks by outside raiders and enemies of the State which made it necessary to provide for the trial and punishment of enemy agents and persons committing certain offences with intent to aid the enemy and as it was necessary to amend Ordinance XIX Supreme Court of India S.

It appears that the Enemy Agents Ordinance, No. , also, after emphasizing on the words ” duly made ” in s. Imposition of reasonable restrictions clearly implies that the right of free movement is not entirely destroyed but that parts of the right remain.

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These particulars have been placed in an envelope and duly sealed, and may be read only pursuant to a specific direction of this Supreme Court of India She has disclosed his name, along with some particulars to us; she states that she has no further information about him. As the posts of Assistant Station Director and Public Relations Officer carry the same grade of pay, consultation with the Commission in this case was not considered necessary “.

808 of 2009 whereby he has set aside the conviction under Section 376(2)(f) read with Section 511 of the Indian Penal Code (IPC) and the sentence imposed on that score, that is, rigorous imprisonment of five years by the learned Sessions Judge, Guna in ST No. The Government will take a final decision about the quantum of the revenue share to be charged as licence fee after obtaining recommendations of the Telecom Regulatory Authority of India (TRAI). It may be further pointed out that in the order of September 7, 1955, it was clearly stated that Government had no intention of reviving the posts of Public Relations Officers kept in abeyance since 1952; We agree with learned counsel for the respondent that the word reduction in the context of cl.

It may be stated here that learned counsel for the appellant did not urge that the order dated, December 14, 1953, was an independent declaration under rr. nIn order to secure and safeguard this right, we have interviewed the Appellant and impressed upon her the need to disclose the name of the father to her son. (c) of the Explanatory Memorandum of Rule 2 of the Central Civil Service (Temporary Service) Rules which states that a Government servant who is declared as quasi-permanent in respect of a particular post may be shifted from one post to another within the cadre or grade concerned due to reduction in the number of posts or other causes.

In this appeal, by special leave, the State of M. 134/2009 and convicted the respondent-accused herein under Section 354 of the IPC and restricted the sentence to the period already undergone which is slightly more than one year. When, however, the permanent man returns from deputation, there is a reduction in the number of posts available for Government servants not in permanent service. 384] as it may be presumed “that the Legislature should have used the word in that interpretation which least offends our sense of justice”.

(ii) is not necessarily confined to abolition, and keeping certain posts in abeyance comes within the expression. calls in question the legal acceptability of the judgment and order passed by the learned Single Judge of the High Supreme Court of India of M. It is also evident from the various documents in the record that the order was never intended to be a declaration under rr. Even in the letter which the Ministry of Information and Broadcasting wrote to the Public Service Commission on June 22, -1954, it was stated: ” The Commission were not consulted at the time of shifting of quasi-permanent status of Shri Srinivasan from the grade of Public Relations Officer to that of Assistant Station Director in view of the Provision of sub-para.

The Licence fee as a percentage of gross revenue under the licence shall be payable w. On June 9, 1953, long after the appellant had been appointed to officiate as Assistant Station Director, he was told that he could not claim ,any protection in the post of Assistant Station Director on account of his quasi-permanent status as Public Relations Officer. On receipt of TRAIs recommendation and Governments final decision, final adjustment of provisional dues will be effected depending upon the percentage of revenue share and the definition of revenue for this purpose as may be finally decided.

In the meanwhile, Government have decided to fix 15% of the gross revenue of the Licensee as provisional license fee. Such shifting does not affect his rights. Bradfield Rural District Council, (1949) 1 All ER 381, p. Even before that date the appellant was asked to apply for the post of an Assistant Station Director through the Public Service Commission. The appellant was appointed to officiate as Assistant Station Director in a purely temporary capacity until further orders on September 13, 1952,.

3 and 4 or that his client understood the order in that sense. in Criminal Appeal No. 3 and 4 of the Temporary -Service Rules; and the appellant himself took the 1319 order as merely giving effect to the office memorandum cited therein, the main plank of the appellant’s case being that the post of Assistant Station Director is in the same grade as the post of Public Relations Officer. This letter makes it abundantly clear that the appropriate authority never intended the order dated December 14, 1953 to be a declaration under rr.

The gross revenue for the purpose would be the total revenue of the Licensee company excluding the PSTN related call charges paid to DOT/MTNL and service tax collected by the licensee on behalf of the Government from their subscribers. (a) Hardship, inconvenience, injustice, absurdity and anomaly to be avoided In selecting out of different interpretations “the Supreme Court of India will adopt that which is just, reasonable and sensible rather than that which is none of those things” [Holmes v.