These are known as principles of natural justice. Accession to mortgaged property. As pointed out above, in the income-tax return the assessee had claimed set off of unabsorbed investment allowance. ” The effect of the provisions of the Act, however, has no reasonable relation to the object in view but is so drastic in scope that it goes much in excess of that object. Not only are the provisions of the statute in excess of the requirements of the case but the language employed prohibits a manufacturer of bidis from employing any person in his business, no matter wherever that person may be residing.
Regarding alleged infringement of Art. 54-55 as submitted to the Board revealed that while 43 of them had shown profits 40 had incurred losses. They would immediately throw a huge burden on many papers, a burden which would progressively grow for some 66 years, and would be still bigger when its impact takes place on the wages of employees of its other sections. , inter alia contending that for prosecution of an accused in the case of defamation of a public servant, sanction can be accorded under the old Section 198B(3b) of Cr.
, resulting from such a step, newspapers would try to meet the liability by borrowing to the extent possible and when their credit was exhausted, they must close down. Such an eventuality was not in the interests of the country both from the point of view of employment as well as of freedom of expression. It might be that there may not be many closures immediately, because many of the newspapers would not be in a position to meet the liability of retrenchment compensation, gratuity, etc.
This argument is not even open to the appellant for the simple reason that the judgment in J. Mouskar to send per bearer the cause of death to enable them to dispose of the dead body. I have earlier referred to continue reading this letter. The learned counsel appearing on behalf of the second respondent rightly sought to justify the findings and reasons of the High Court in its impugned judgment, placing reliance on Sections 132, 188, 196, 197 and 199 of Cr.
The proposals embodied in the decision made by the majority were therefore unduly high. Paragraph 13 of the judgment in R. The principle enunciated by the Supreme Courtney several decisions is that when a legislation is attacked on the round of contravention of a fundamental right, the Court must first examine whether it directly deals with the fundamental right. He has also placed reliance upon Section 2U of Cr.
condition of the newspaper industry in the country as a whole could not be considered satisfactory. The Board had not before it sufficient data needed for the proper assessment of the paying capacity of the industry. All this will in its turn add to the burden of provident fund, gratuity, etc. In that letter the police asked Dr. So far as new newspaper promotions were concerned, they would be few and far between, with the result that after a few years it would be found that the number of daily newspapers in the country had not increased but had gone down.
The State of Madras, [1950] S. This Court also spoke in the same language in the case of The Board of High School and Intermediate Education, U. 19(1)(a), I submit that the legislation should be examined in order to determine whether it is legislation directly in respect to the fundamental rights mentioned in the Constitution. To these principles a third principle is added, which is of recent origin. , when the Full Posting impact of the burden took place and the wages of the entire newspaper establishments went up, it would throw out of gear the economy of most of the newspapers.
Kumari Chittra Srivastava & The opportunity of hearing will serve the purpose or not has to be considered at a later stage and such things cannot be presumed by the authority. (f) The proposals, which the majority had made, clearly showed that, according to it the dominating principle of wage fixation wag the need of the worker as conceived by them, irrespective of its effect on the industry. ,1898, by any Secretary or authorisation by the Government.
If the legislation is not one directly with respect to a fundamental right no further question arises, (A. It is on a copy 555 of this that the endorsement ” Diabetic coma, Dr. The profit and loss statements of the daily newspaper establishments for the year 19. It is duty to give reasons in support of decision, namely, passing Read simranlaw.com (here.) of a ‘reasoned order’. Cotton (supra) was click homepage (relevant web page) specifically taken note of and discussed in R.
However, this request is declined as according to the High Court, provisions of Section 32 of the Act mandate that precedence has to be given to unabsorbed depreciation before allowing unabsorbed investment allowance. “If, after the date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to such accession. This was so held by the English Court way back in the year 1943 in the case of General Medical Council v.