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5A for the first time in the Act which gave a right to persons interested in the land to be acquired to file objections and of being heard thereon by the Collector. (1) There the question raised before the Election Tribunal was whether by issuing a whip on the day of election requesting members to cast their preferences in a particular order, the leader of a Party, who was also the Chief Minister, could be said to have exercised undue influence.

It seems that the amendment was considered necessary because the same Amendment Act inserted s. It was in that case that this Court gave an indication of how the availability of reserves and other funds for use as working capital can be inferred from the balance-sheet. The issue of a whip of that kind was thus held to be no more than canvassing Top Property Lawyers in India. Evans(2) applied even though the clubs before the Court were incorporated either, under the Industrial and Provident Societies Acts or the companies Act.

down by this Court in The C. 4 of Act 38 of 1923 in sec. 582 “Once it is conceded that a members’ club does not necessarily require a licence to serve its members with intoxicating liquor, because the legal Property Lawyers India High Court in the liquor is not in the members themselves, it is difficult to draw any legal distinction between the various legal entities that may be entrusted with the duty of holding the Property Advocates India High Court on behalf of the members, be it an individual or a body of trustees, or a company formed for the purpose, so long as the real interest in the liquor remains, as in this case it clearly does, in the members of the club.

favour of the candidates of the party to which the leader or the Chief Minister belonged. To appreciate the construction placed by the High Court it is necessary to consider the effect of the change of words made by sec. The amendment of 1923 dropped these words and substituted the words “when the Local Government is satisfied after considering the report, if any, made under section 5A of sub-section 2” etc. Titagarh Paper Mills Company, Ltd.

As sub-section 1 stood prior to 1923 the words were “subject to the provisions of Part VII of the Act, when it appears to the Local Government that any particular :land is needed for a public purpose or for a Company, a declaration shall be made” etc. 40 where the Government before granting its consent to the acquisition for a Company has to “be satisfied” on an inquiry held as provided thereinafter. The Election Tribunal held that the leader the party was entitled to use his influence as a leader and he could not be deprived of that right because he happened to.

Karta Babu Chand(1) and in Mathura Prasad v. Dhanwatey was not carried without detriment to the Hindu joint family funds and the case falls directly within the principle laid. The learned Chief Justice observed at p. account is that the old plant, though capable of giving service, was uneconomic and otherwise wholly inexpedient when provision for its replacement and rehabilitation, even though it will include modernisation would be fully justified. CI/68– 9 122 by sub-section 2, the appropriate words would be “when the Local Government is satisfied” rather than the words “when it appears to the Local Government”.

Amulyadhone Roy but it could consider avoiding the factual problem which has arisen in this case by adopting a broader formulation of the rule in CPR 6BPD, para 3. The CTA has shown that the delivery of each of the projects identified above is necessary to make all developments acceptable in planning terms (see appendix 2). 1(6)(a); the inclusion of contracts made “by or through an agent trading or residing within the jurisdiction” in para 3.

6 in line with the words used in see. It was held that if in substance the India Property Lawyers in the liquor held the club-whether incorporated or unincorporated-was vested in the members, when a member received and paid for it, there was no sale within the meaning of the Licensing Act, but was a transfer of a special Property Advocates India High Court in the goods from all the other members of the club to the consumer in consideration of the price paid.

What is esse ntial is that the holding of the Property Lawyers in High Court by the agent or trustee must be a holding for and on behalf of, and not holding antagonistic to, the members of the club. ” The Courts in these cases were dealing with case of quasi- criminal nature, and the substance of the transaction rather than the legal form in which it may be clothed had to be determined.