he said gave the key of the other lock and then Prem took out a key from his pocket and opened the lock fixed on the other door of the office. If the legislation had intended that the tax actually borne should in all, cases be determined merely by the application of the rate prescribed for companies in general, the explanation given by the material clause would really not have been necessary. The learned Civil Judge (Sr.
Ram Sarup which was a case under s. 213 of the Constitution Act it is not in our judgment for the Court to insist on the inexpediency (according to a certain school of thought) of the advisory jurisdiction. ” In Lakshmi Devi Sugar Mills Ltd. ” Referring to the objection that the questions related to contemplated legislation and not to the validity or operation of a measure already passed, the learned Chief Justice observed at p. Attorney- General for Canada (2).
Besides, in construing the words “I the rate applicable ” we must bear in mind the context in which they are used. 321 :- ” The fact that the questions referred relate to future legislation cannot by itself be regarded as a valid objection. 320 of the authorised report :- ” It may be stated at the outset that when Parliament has thought fit to enact s. He wished to go upstairs to the residential portion of the house and Prem at his request opened the lock of the stair-case, the key being with him.
That is the necessary result of the jurisdiction being advisory. Nor does it assist to say that the opinions expressed by the Court on the questions referred ” will have no more effect than the opinions of the law officers “: Attorney-General for Ontario v. ) after considering the matter afresh held that the plaintiffs had not made out any sufficient ground for the delay in filing of the application and refused to condone the delay and rejected the application of the plaintiffs therein.
117 of 1974 before the learned District Judge, read on (More hints) Alipore. According to Banwari Lal, the usual practice was to lock the door of the office which adjoins the you could try this out (More hints) stair-case and to bolt the other door from inside, but on the day of the murder the door adjoining the stair-case was looked while the other door was lying open. He went up to the verandah in front of the office and found both the doors of the office locked from outside.
Section 213 empowers the Governor-General to make a reference when questions of law are ” likely to arise. n204(1) of the Act by one Government against the other. That is why in our opinion, the context justifies the construction which we are inclined to place on the words ” the rate applicable “. ” In In re Levy of Estate Duty (1) Spens C. The learned District Judge, vide order dated 20. 1977 held that the order passed by learned Subordinate Judge was improper and not justified, and remanded the matter back to read page; view site…, be considered afresh.
When, therefore, the court decides that the suit has been instituted for the benefit of the minor and decrees partition, it does so not by virtue of any rule, special or peculiar to Hindu law but in the exercise of a jurisdiction which is inherent in it and which extends over all minors. Finding the door of the stair-case leading to the residential portion of his house locked, he came down and went away in connection with the election work. In cases of dismissal or misconduct, the Tribunal does not, however, act as a Court of appeal and -substitute its own judgment Suggested Studying (More hints) for that of the management.
be taken to be ” the tax actually borne “. The learned Civil Judge (Sr. 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950, this Court held that if it was established that the workmen had resorted to illegal strike, that a fair enquiry into the alleged misconduct and insubordination of their workmen had been held by the management without violating any principles of natural justice and as a result of enquiry the management had found the workmen guilty of misconduct and insubordination with which they had been charged and the management had come to the conclusion that continuing the workmen in its employ was dangerous in the interest of the company the Tribunal would not interfere with such order.
230 Undoubtedly, visit the up coming webpage management of a concern has power to Going at lawyerchandigarh.com (More hints) direct its own internal administration and discipline; but the power, is not unlimited and when a dispute arises, Industrial Tribunals have been given the power to see whether the termination of service of a workman is justified and to give appropriate relief. On his return he enquired from Prem about the whereabouts of his wife and Prem told him that she had gone out. The context shows that the said words are intended to explain what should.
Banwari Lal’s clerk, Naranjan Das, came to the house at 4-15 or 4-30 p. It will interfere (i)-when there is want of good faith, (ii) when there is victimisation or unfair labour; practice, (iii) when the management has been guilty of a basic error or violation of a principle of natural justice, and (iv) when on the materials, the finding is completely baseless or perverse. In this class of cases, the reference should, in the very nature of things, be made before the legislation has been (1) [1944] F.
He asked Prem to open the office, but Prem told him that the key of one of the locks which was fixed on the door adjoining the stair-case, had been lost.