56 speaks of is a contract, the performance of which has become unlawful. Accused6 had already Chandigarh Revenue Lawyers been convicted and sentenced in the Jupiter case; and on the evidence it does not appear that he had taken a major part in the Empire conspiracy, though he was certainly in it. 25 to say that ‘the Police Officer within the meaning of that section is an officer, who exercises the powers of police conferred upon him by law, whether he is called a Police Officer or he is called by any other name and exercises other functions also under other provisions of law, if for the investigation of offenses under a particular Act he is empowered to exercise the powers of an officer Famous Revenue Advocates in Chandigarh charge of a police station for the investigation of a cognizable offence.
90 and it is obligatory on the Tribunal to dismiss an election petition which does not comply with the requirements of sub-s. Shrimati Prasanni (1), it is contended that the principle in such cases is that whenever the statute requires a particular act to be done in a particular manner and also lays down that failure to comply with the said requirement leads to a specific consequence, it would be difficult to accept the argument that the failure to comply with the said requirement should lead to any other consequence (1) [1959] S.
Civil Advocates Civil Lawyers in Chandigarh his works, Anubhasya, Siddhantarahasya and Bhagavata Tikasubodhini, he offers a theistic interpretation of the Vedanta, which differs from those or Sankara and Ramanuja. This was, in a sense, negative as it merely prevented the municipality from levying particular kinds of taxes. We, therefore, modify the sentence passed on him and sentence him to undergo rigorous imprisonment for 3 years. Coming to the positive aspect, the learned Judges held that the other specified items of taxes coupled with the purposes for which tax was to be levied, indicated the nature of the tax that was to be levied.
pointed out that since the Legislature did not amend the Act even after the decision in Hurribole’s case (1), where the expression police officer” was given a wide meaning the courts would be justified in adhering to it. 25 of the Indian Evidence Act embodies an important rule, which is to be given effect to as a matter of substance and not as a mere matter of form and that it is a perfectly fair interpretation of s. The 636 actual order served upon the company, among other things, provides : Now, it is true that no order was made under the Defence of India Rules prohibiting the company from carrying on the work of construction of roads and drains.
We do not see any justification for this distinction between the said accused in the matter of punishment. His view is called Suddhadvaita, or (1) “Indian Philosophy” by Dr. In fact, from the arguments as reported it would appear that one of the points urged by learned counsel for the appellant was that under head II of s. We 541 are unable to agree that this case decides that the fixation of a rate of tax is not an essential legislative function but a mere matter of detail which could be delegated to a subordinate law making body.
The argument is that a failure to comply with the provisions of sub-s. As regards the sentence passed against this accused, the Sessions Judge sentenced him to undergo rigorous imprisonment for a period of 5 years, whereas he sentenced Accused 7, 8 and 9 to undergo rigorous imprisonment for a period of 3 years only. Radha Krishnan (1), Vallabh accepts the authority not only of the Upanishads, the Bhagvad gita and the Brahma Sutras, but also of the Bhagavata Purana.
In the circumstances, we think that a sentence of 3 years’ rigorous imprisonment would equally suffice in his case. 59 as well on general principles of law the power of the municipality to levy taxes was confined to those on which Provincial Legislature could legislate. 772 conferred upon these Abkari officers substan- tially all the powers of a Police Officer, they have thereby in effect made them Police Officers within the meaning of section 25, and that, accordingly, any confession made to such an officer in the course of his investigation under the Abkari Act or the Criminal Procedure Code is inadmissible Civil Lawyers in Chandigarh evidence.
It was this extreme contention that was answered and rejected by the learned Judges. was of the opinion that though the term “police Officer” should not be construed strictly it was not safe to lay down generally that the term should not be construed Civil Advocates in High Court Chandigarh its popular and most comprehensive sense. All the same he held that an Excise Officer acting under the Abkari Act of Bombay must be deemed to be a Police Officer inasmuch as he had the power of investigating into excise offenses, Mirza J.
Subject to the aforesaid modification, the appeal preferred by Caveeshar, Accused-6, is dismissed. concurred with this view but did not state any reasons. What then is the nature of the philosophical doctrines of Vallabh? On the basis of the decision of this High Court Civil Advocates in Sri Babu Ran v. On behalf of the appellant it has been further contended that the copy of the petition which was served on the appellant was not a true copy within the meaning of the mandatory provisions of subs.
5 9 (1) municipality might levy an income tax. 94) According to Shah J.