Be it noted, the appeal has link homepage been heard by the learned Single Judge of the High Court and the appeal assails the judgment of conviction and order of sentence passed under the various provisions of the 1988 Act. It is necessary to mention my review here that taking cognizance of an offence is not the same thing as issuance of process. simply click the following internet page Calcutta High Court, by its judgment dated January 6, 1956, answered the question in the negative, disagreeing with the determination of the Income-tax Appellate Tribunal by its order dated April 23, 1949 10(6) of the Indian Income-tax Act, 1922 (XI of 1922) (hereinafter referred to as the Act).
In criminal jurisdiction means ordinarily a proceeding for the prosecution of a person alleged to have committed an offence. Though said witness failed to identify the assailants as he had watched the incident from a distance, he lends complete support to PW-15 as regards other material particulars. 2: Other Changes in Cost To the extent that full compensation for any rise or fall in the costs to the Contractor is not covered by the provisions of this or other Clauses in the Contract, the unit rates and, prices included in the Contract shall be deemed to include amounts to cover the contingency of such other rise or fall in cost.
It needs no special emphasis that the appellate court has the sacrosanct duty to evaluate, appreciate and consider each material aspect brought on record before rendering the judgment. The Judgment of the Court was delivered by SINHA, J. The Court made it clear (a) “that this order does not cover such officers as were holding the posts of Assistant Engineers on a substantive basis prior to the 1st of November, 1956 when the new State of Mysore now known as Karnataka came into being, and the case of any Assistant Engineer who acquired a substantive status prior to the promulgation of the Recruitment Rules and the appointment of the direct recruits; (b) that persons falling within these two categories will first have to be accommodated in the clear vacancies available and only the remaining vacancies will have to be utilised for fitting in the direct recruits and the Assistant Engineers who have disputed their claim in these proccedings; and (c) that the quota rule will not stand in the way of the Government giving effect to this arrangement which has been taken care of in the anemendment (promulgated on the 23rd of October 1961) to the Recruitment Rules”].
That is sacred duty of a Judge; and the same gets Learn Even more Here accentuated when the matter is in appeal assailing the defensibility of the conviction in a corruption case. In the aforesaid provision the legislature had employed the words before any Court in which any case of which he has charge. 2000 is fully supported by the medical evidence on record. In other contexts the word may represent other kinds of proceedings but in the context of the sub-section it must mean a proceeding which at the end results either in discharge, conviction, or acquittal of an accused person.
The submission is that after the decision in SAIL the Government of India issued a notification dated 25th September, 2000 inserting Rule 64B and Rule 64C in the Mineral Concession Rules, 1960 (hereafter MCR) and as a result of this, Run-of-Mine (ROM) minerals, after being processed in the leased area are exigible to royalty on the processed mineral. The evidence of PW-15 Sukhwinder Singh regarding the occurrence that took place on 08. -The question for determination in this appeal on a certificate of fitness granted by the High Court of Calcutta, is whether the respondent’s admitted income tinder certain heads, is chargeable to income-tax under the provisions of s.
In Bhimpappa Basappa Bhu Sannavar v. His assertion regarding the place of incident and the manner in which the occurrence took place is also supported by another witness PW-14 Berjinder Singh. had me going Laxman Shivarayappa Samagouda and others[10] explaining the word case the court held:- The word case is not defined by the Code but its meaning is well- understood in legal circles. The issuance of process is at a subsequent stage when after considering simply click the following internet site material placed before it the court decides to proceed against the offenders against whom a prima facie case her comment is here made out.
He was immediately taken for medical attention and found to have suffered 10 injuries, some of which were by sharp cutting weapon. Considering the nature of injuries suffered by him and the fact that Jassi was forcibly taken by the assailants the entire incident could certainly have afforded sufficient time and opportunity to PW-15 Click To See More recollect and identify the assailants. Cognizance is taken at the initial stage when the Magistrate applies his judicial mind to the facts mentioned in a complaint or to a police report or upon information received from any other person that an offence has been committed.
It is contended that these rules were, unfortunately, not brought to the notice of the High Court and that the decision rendered by the High Court accepting the law laid down in SAIL is incorrect. 307/2004 has been filed by the State of Bihar (Now Jharkhand) against the same judgment and order dated 23rd July, 2002.