best Chandigarh legal services The rational given by the High Court is contained in Para 41 of the impugned judgment which interprets the provisions of Sub-section (2) of Section 125 of the Act as well reflects the reasoning adopted by the High Court in support of its view. (2) The amounts referred to in sub-section (1) shall be the following, namely:” (a) the amount paid or payable (whether in or out of India) to the assessee or to any person on his behalf on account of the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used in the prospecting for, or extraction or production of, mineral oils in India; and (b) the amount received or deemed to be received in India by or on behalf of the assessee on account of the provision of services and facilities in connection with, or supply of plant and machinery on hire used, or to be used in the prospecting for, or extraction or production of mineral oils outside India.
and Another[2], it has been held that subject to is an expression whereby limitation is expressed. It is well established in law that the taxing statutes have to be construed strictly and unless the literal meaning leads to anomaly or absurdity, the golden rule of literal interpretation should be adhered to. She was chosen as the leader of the House by the AIADMK and appointed as the Chief Minister of Tamil Nadu. Really speaking, this court did not leave behind any vacuum.
We deem it appropriate to reproduce the same hereinbelow:- “41. Being aggrieved by the said order, one of the accused, Jegan, filed Criminal Revision No. However, the law is quite Lawyer Chandigarh clear, namely, that Karnataka as the transferee State was entitled to file an appeal in the Karnataka High Court, should the need have arisen, including an appeal for enhancement of sentence and that on an appeal being filed in the High Court by the accused persons, Karnataka as the transferee State continues to retain its entitlement to appoint a Public Prosecutor or a Special Public Prosecutor best Chandigarh lawyer to contest the appeal, otherwise the purpose of transferring the case out of Tamil Nadu to Karnataka would stand frustrated at the appellate stage.
The High Court, vide the impugned order, after discussing the evidence on record, came to hold that there were material discrepancies in the evidence brought on record and, therefore, in the present fact situation there were no exceptional circumstances for ordering re-investigation, and that apart, the scheme of Section 173(8) CrPC only enables the investigating officer to request for further investigation. Jayalalithaa secured a majority of votes in the elections and therefore a majority of seats in the Legislative Assembly.
Apart from the limitations, pointed out above, there is none other, imposed by the proviso to Article 309, regarding the ambit of the operation of such-rules. That Karnataka was remiss in fulfilling its obligation to appoint a Public Prosecutor to contest the appeals filed in the High Court by the accused persons or chose not to top legal service in Chandigarh fulfill it for whatever reason, is no ground for Tamil Nadu to appoint a Special Public Prosecutor to appear in the appeals.
We find it difficult to accept the above interpretation of Section 125 (2). In other words, under Section 125(2), the duty payable on the confiscated goods has to be paid on imposition of fine in lieu of confiscation and it is immaterial whether top Chandigarh lawyer such option is exercised or not. Bhavani Singh as a Special Public Prosecutor to contest the appeals in the High Court. This conclusion was arrived at by the High Court in the judgment under challenge and no one has disagreed with the view that Tamil Nadu could not appoint Mr.
So far as the present case is concerned, this court did not give any direction with regard to the appointment of a Public Prosecutor or a Special Public Prosecutor post the decision in CC No. Balakrishna Chetty and Sons but, in the absence of any Act, of the appropriate legislature, on the matter, ˜in our opinion, the rules, made by the President, or by such person best Chandigarh legal as he may direct, are to have full effect, both prospectively, and, retrospectively.
In that sense, it could possibly be argued that there was a vacuum. 36) We are, therefore, of the opinion that impugned amendment, namely, proviso (ii) to sub-rule (2) of Rule 9 introduced vide Notification dated 05. Literal meaning of Section 125(2) is that, whenever the goods liable to be confiscated under the Customs Act are allowed to be redeemed by giving an option to pay fine in lieu of confiscation imposed under Section 125(1), the owner of such goods or the person referred to in section 125(1) shall, in addition to the fine be liable to any duty and charges payable in respect of such goods.
Her appointment as Chief Minister was challenged soon thereafter and this court declared that her appointment was not best Chandigarh legal or valid. The High Court, accordingly, set aside the order of the Chief Judicial Magistrate and further observed that as the learned Judicial Magistrate in his order dated 13. [4] Consequently, on 21st September, 2001 she ceased to hold the office of Chief Minister of Tamil Nadu. 2009 had directed that the protest petition was to be treated as a private complaint, the de-facto complainant still had an opportunity for presenting the case before the Court and no prejudice was caused to him.
nThe High Court, after discussing the respective contentions in detail, accepted the submissions of the Department and set aside the order of the CESTAT. 1990 is unsustainable and bad in law as it exists in the present form and it has to be read down to mean that this clause would apply only when actual charges referred to in Clause (b) are not ascertainable.