-marks are 300 and interview marks are 600. Mahesh saved himself from penal consequences if his act in any way had amounted to a crime, and the appellant in trying to save his daughter from him overreached himself and suffered penalty under the law. On the other hand, however, there is a very large number of cases where it is said that there is a presumption as to the constitutionality of a statute and that, therefore, the onus of showing that it is unconstitutional is on the party so alleging: see the cases collected in Hamdard Dawakhana (Wakf) Lal Kuan v.
Could there be a doubt that the academic standard of the institution would remain unaffected and that the impact on entry 66 is direct ? Now, instead of 600, if the, interview marks are only 30, would not the standard still be affected? As a result of these proceedings, we were informed the police dropped the criminal case. , by placing the ballot papers in the ballot boxes set apart for the different contesting candidates.
another year any -more than we are with losses which may occur in the future. If in a given situation caste is excluded in ascertaining a class within the meaning of Art. If B files a petition and alleges that the counting was irregular, that the totals of the ballot papers in the result sheet are not properly computed, and that as a matter of fact A’s papers, if counted, would be 196, Mr. 15, 29, 46, 341 and 342 which recognise the factual existence of backward classes in our 371 country and which make a sincere attempt to promote the welfare of the weaker sections thereof should be construed to effectuate that policy and not to give weightage to progressive sections of the society under the false colour of caste to which they happen to belong.
The jurisdiction of the tribunals in the hierarchy created by the Act is no higher than that of the Income-tax Officer. Again, the addition of interview marks to the marks secured at the P. (v) Various provisions of the Constitution like Arts. for income-tax purposes, each year is a self-contained accounting period and we can only take into consideration income, profits and gains made in that year and are not concerned with potential profits which may be made in.
An illustration would make it clear. The aftermath may now be mentioned. Garg’s submission is that though the discrepancy disclosed in the totals is consider- able, A cannot prove that there has been a miscounting of B’s votes also, and that though if properly counted his total is only 190,, still Advocates A’s election should be set aside. If an entire sub-caste by and large, is backward, it may be included in the Scheduled Castes by following the appropriate procedure laid down by the Constitution.
(2) that the onus lies on the State. Let us for instance assume that the voting procedure adopted in an election was that prescribed in rule 59 i. Under no circumstances a “class” can be equated to a “caste” though the caste of an individual or group of individuals may be a relevant factor in putting him in a particular class. The learned Insolvency Judge rejected the insolvency petition holding that the respondent had not executed the deed of guarantee.
The returning officer counts the valid votes cast in the several boxes and declares A elected as having secured 200 votes as against B whose votes are counted as 198. Mahesh did not appear in this Chandigarh High Court Top Lawyers. 11 of the Act which excluded the jurisdiction of the Civil Court in any matter which the head of the department was empowered by the Act or the rules made thereunder to dispose of or take cognizance of, as the head of the department could, under the Act, determine only the amount of the debt due from the alleged defaulter and not the question whether the alleged defaulter was really a defaulter in case this was disputed.
The petition for habeas corpus was not renewed or pressed again in the Chandigarh High Court Lawyers High Court Chandigarh Advocates. examination by a candidate for admission to an institution of the kind comprised in entry 66 of List I cannot but be said to affect the standard in such institution. Suppose the maximum P. May be that the effect on academic merit would be much less than when the maximum interview marks were 600 but still there would be some effect. The notice issued by the Supreme Court to Mahesh was returned with the endorsement that he had left the house without leaving an address behind.
In ,either case the effect is the direct consequence of the additional requirement of an interview and therefore the impact of the State law would be direct in both cases. It, however, held that the Insolvency Chandigarh High Court Advocates was competent to consider the question of the liability of the respondent to the State under the deed of guarantee, its jurisdiction being not ousted by the provisions of S. On an analysis of the situation the position would appear to be this.
Mahesh apparently ceased to take any interest in this case, his wife 104 and his child for whose safety he was so solicitous. It is not as if a consequence which is direct can be regarded as oblique or indirect just because it is less significant by reason of the fact that the proportion of interview marks to the P. ” Indeed, the decision of an Income-tax Officer given in a particular year does not operate as res judicata in the matter of assessment of the subsequent years.
It must be conceded that it does seem to have been so held there. Therefore, whether the State law affects the standards of such institutions materially or only slightly has no relevance for the purpose of determining whether it operates in an excluded field or not. 15(4) it would not violate the classification if it satisfied other tests.