(1) nor where the prescribed officer has declared under s. If the observations made in M. + Fermen- + tation + 10 A fervent prayer had been made by the Respondents before us that in the event of our preferring the view that the Appeals are sans merit, the collection of administrative/service charges at the rate of [pic]1/- per bulk litre should be refunded along with interest. Meanwhile it had come to the notice of the Commissioner of Income-tax that the respondent firm which had been granted renewal NRI Legal Services of registration NRI Legal Services by the Income-tax Officer was not a firm which could be registered NRI Legal Services under the Act as one of the partners of the firm was a minor.
Taking the consistent evidence of the witnesses and the probabilities of the case it has to be stated that the evidence of the prosecution witnesses as regards the incident has to be believed We have not had the advantage of a critical and analytical examination of the evidence of the prosecution witnesses by either of the courts below nor has the evidence against each of the appellants been collated and therefore it was necessary for its to examine the evidence in some detail.
With due respect to all the learned Judges who rendered the subsequent judgments – where right to privacy is asserted or referred to their Lordships concern for the liberty of human beings, we are of the humble opinion that there appears to be certain amount of apparent unresolved contradiction in the law declared by this Court. An application filed by the appellant for a certificate for leave to appeal to this Court proved infructuous, with the result that the appellant applied for and obtained from NRI Legal Services this Court special leave to appeal against this judgment of the High NRI Legal Services Court.
and, when an agreement is so entered into, the provisions of this Chapter discuss shall in relation to such State have effect subject to the terms of such agreement. This is all the hereditary right to an office that is provided by the Act. Keeping in perceptive the absence of diligence by the Respondent Distilleries from seeking timely variations or modification of Orders passed by the Court, we desist from directing that the collection of charges over and above 50 paise per bulk litre should be refunded.
On the first date of hearing, this Court had directed maintenance of status quo and this being the position, no party can be made to suffer. Government was communicated to him and not from March 5, 1951, when the order of his dismissal by the Board was passed or March 19,1951, when that order of dismissal was communicated to him by the Board. In fact, there was a hiatus in the litigation even in the High Court where collections were made at the increased rate even though that was quashed by the High Court.
What is at stake is the amplitude of the fundamental rights including that precious and inalienable right under Article 21. 33B(1) of the Act and issued notice to the respondent to show cause why the assessments made under s. The evidence upon which NRI Legal Services the prosecution relied for 1222 conviction is the confession of Prem, the statement of the appellant which led to the recovery of the ornaments belonging to Nirmala Devi from the possession of one Raj Rani a mistress of the appellant, the recovery of a blood- stained dagger from his belongings at the police station and his conduct after the murder.
23(3) of the Act and the registration granted under s. As was observed by this Court in State of Uttar Pradesh v. 7 (v) in dismissing any holder of office, that the dismissal would entail a forefeiture of the right of succession of all the undivided members of his family. Some of the important witnesses have been mentioned in the First Information Report and the inquest itself was over within 24 hours after the incident.
278 and 295 of the Constitution. The initial difficulty in the way of the appellant, however, is that departmental enquiries even though they culminate in decisions on appeals or revision cannot be equated with proceedings before the regular courts of law. It is apposite to observe that the Respondent Distilleries did not express any discomfiture on collection of fee at the rate of [pic]1/- per bulk litre either before this Court or any of the subordinate courts. This right, however, is not an absolute right for he cannot be appointed if he is not eligible under sub-s.
” The history of judicial decisions has been similar, showing a strong tendency not to restrict the scope of Schedule D; a tendency which was, we think, in sympathy with the general social and economic outlook of the country. The Commissioner then took action under s. At the same time, we are also of the opinion that the institutional integrity and judicial discipline require that pronouncement made by larger Benches of this Court cannot be ignored by the smaller Benches without appropriately explaining the reasons for not following the pronouncements made by such larger Benches.
13(1) of the Finance Act, 1950, should be so construed as to be in consonance with the aforesaid agreement, and, in the alternative, if s. Sharma (supra) and Kharak Singh (supra) are to be read literally and accepted as the law of this country, the fundamental rights guaranteed under the Constitution of India and more particularly right to liberty under Article 21 would be denuded of vigour and vitality.
13(1) is construed to be at variance with the aforesaid financial agreement, it should be 766 held to be void by reason of the; provisions; of Arts. ” The argument on behalf of the assessee is that the recommendations of the Indian States Finances Enquiry Committee which were accepted by the Rajpramukh of Travancore-Cochin in the agreement entered into by the Rajpramukh with the President of India on February 25, 1950, were designed to secure ” NRI Legal Services continuity of pending proceedings ” and ” finality and validity of completed proceedings ” under the preexisting State legislation ; therefore, s.
We clarify that there was no justification for the Appellant State or its Excise Department to collect charges at the rate of [pic]1/- after it had been quashed by the learned Single Judge.