law firms in Supreme Court of India, http://supremecourtindia.in/supreme-court-of-the-united-states-edward-peruta/. These cases certainly show that a fresh order of detention can be passed on the same facts, if for any reason the earlier order of detention has to be revoked by the Government. 15 it is provided that contracts in respect of the specified goods or classes of goods best lawyers in Supreme Court India certain areas not between persons who are members of a recognized association or through or with any such member shall be illegal. It did not seek to disturb the position in top law firms in Supreme Court of India obtaining up to that date.
We are unable to accede to that request. This appeal, by the Management concerned, by special leave is directed against the judgment of the Mysore High Court, dated October 23, 1964, dismissing Writ Petition No. Shah, Deputy Custodian- cum-Managing Officer, Bombay[1965] INSC 127; , [1966] 1 S. It was argued before us that the State Legislature was not competent to legislate in this field after the Constitution (Sixth Amendment) Act. The Judgment of the Court was delivered by Vaidialingam, J.
[439H] A power to appoint ordinarily implies a power to determine employment and this rule is incorporated in s. This is of course subject to the fact that the fresh order of detention is not vitiated by mala fides. In the present case the right to take “spontaneous produce of forest and minerals” for domestic or agricultural purposes by the tenants is not top advocates in Supreme Court of India issue. Counsel for the plaintiff contended that the Court may ignore the exaggerated claim appearing from the averments in the plaint and declare, relying upon the custom-sheets, a right to excavate limestone and to utilise it for trade purposes limited to the tenants in the two villages.
55 and Lekhraj Sathramdas Lalvani v. 8 of 1963, are as follows: and (3) that the State Government had not fixed the time prescribed by bye-laws Nos. (2)While Government cannot amend or supersede statutory rules by administrative instructions, if rules are silent on any particular point, Government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed. Such a custom would be unreasonable. The short facts, leading up to the State of Mysore, making the reference, which is the subject of adjudication, by the second respondent, in I.
Such a custom would, if exercised in its amplitude as claimed, may lead to breaches of the peace, for it would be open to all tenants to claim to work any quarry simultaneously for trade purposes, and may also tend to the destruction of the subjectmatter. Further we do not find anything in the Defence of India Act (hereinafter referred to as the Act) and the Rules which forbids the State Government to cancel one order of detention and pass another ‘in its place.
23(e), 27, 28 and 32, and since no decision was taken on those bye-laws by the Municipal Council, the enforcement of the octroi levy was “rendered difficult”. By the first sub-section of S. There is nothing in the Defence of India Act and Rules which forbids the State Government from cancelling one order and passing another in its place. ” The old entry 54 in the State List was substituted by a new entry reading: “Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.
What is in issue is the right claimable by all the tenants of the two villages-even on the restricted interpretation of the claim set up by counsel for the plaintiff-to excavate stone from all lands in the, village for trade purposes by installing machinery. 1985 of 1963, and declining to issue a writ of prohibition,, restraining the, second respondent, the Industrial Tribunal, Bangalore-1 from proceeding with the adjudication, in 1. The effect of the sub- section is that a forward contract for the sale or purchase of specified goods may be entered into (1) 68 Cal.
The Legislature has by the Act imposed diverse restrictions upon the liberty of contract in respect of forward transactions in commodities specified in a notification under s. 30A is designed, to protect the personal liberty of the citizen and is a mandatory provision; if it is not complied with and’ the Government omits to review the detention order within six months, the order must fall and the detenu must be released.
14 of the Punjab General Clauses Act I of 1898. So normally a fresh order of detention can be passed, on the same facts provided it is not mala fide, if for any reason the previous order of detention or its continuance is not legal on account of some technical defect as in the present cases. [200 FG] (ii) A fresh order of detention can be passed on the same facts, provided it is not mala fide, if for any reason the previous order of detention or its continuance is not legal on account of some technical or other defect as top lawyers in Supreme Court of India the present cases.
(i)The absence of a provision setting up the procedure for determining the employment of the Vice-Chancellor in the Act or the Statutes or Ordinances does not lead to the inference that the tenure of office of Vice-Chancellor is not liable to be determined. Equally we do not find anything in the Act or the Rules which will bar the Government from passing a fresh order of detention on the same facts, in case the earlier order of detention or its continuance is held to be defective for any reason.
District Board, Agra, [1963] INSC 100; [1964] 3 S.