Simranjeet Law Associates Chandigarh Advocate Can Be Fun For Anyone

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Then follow certain observations, on which the appellant relies nIt was held by Lawrence J. nHe cannot at that stage remedy essential defects or permit them to be remedied. Section 432 deals with power to suspend or remit sentences. The judgment of the Full Bench or the judgment of the majority, if there be difference of opinion, together with the records of the case, shall be submitted to us Lawyer in Chandigarh order that the judgment may be confirmed by Our Sign Manual But the question which we have got to decide is whether as an abstract proposition of law the mere appointment of a Government servant as a polling agent is in itself and without more an infringement of section 123(8).

It was contended that the kind of school that the trustees were authorised to provide was the school where education was to be given in such Lawyers in Chandigarh language as the trustees thought fit. nThe new Province required a new capital and Patna was chosen for the purpose. (1) A Full Bench shall hear and decide all appeals from the decrees of the District Courts in suits in which the amount or value Advocate in Chandigarh of the subject-matter is not less than five thousand rupees and the amount or value of the matter in appeal is not less than that sum.

Restriction on powers of remission or commutation in certain cases Having appreciated the analysis made in the aforesaid verdict, we may advert to the statutory scheme pertaining to suspension, remission and commutation of sentence under the CrPC. That case does not help him either, because in that case the schools were classified as denominational purely on the ground of religion. The said provision reads as follows:- 433-A.

Their Lordships of the Judicial Committee rejected this contention with the following observations:- ” Their Lordships are unable to agree with this view. 79 is, in their opinion, the grade or character of school, for example, ‘a girls’ School,’ ‘a boys’ school,’ or ‘an infants’ school,’ and a I kind’ of school, within the meaning of that sub-section, is not a school where any special language is in common use. Quite naturally the City expanded and, following the general pattern Lawyer in Chandigarh India, a new area grew up (distinct from the old City) which housed the headquarters of the new Government.

Section 433-A lays the postulate for restrictions on powers of remission or commutation in certain cases. This Act came into force on,5th January, 1916 Accordingly, the Legislature of the new State passed the Patna Administration Act of 1915 (Bihar and Orissa Act I of 1915) to enable this to be done. In view of the fundamental right guaranteed to a minority like the Anglo-Indian community under article 29(1) to conserve its own language, script and culture and the right to establish and administer educational institutions of its own choice under article 30(1) there is implicit therein the right to impart instruction in its own institutions to the children of its own community in its own language and the State by its police power cannot determine the medium of instruction in opposition to such fundamental right.

64 of 1954, is a Joint Stock Company incorporated under the Indian Companies Act, 1913. To hold otherwise will be to deprive article 29(1) and article 30(1) of the greater part of their contents. Before long, it was thought expedient to bring this area under municipal jurisdiction and give it a municipality of its own rather than place it under the old city municipality. 561 candidate or his agent had abused the right to appoint a Government servant as polling agent by exploiting the situation for furthering his election prospects, then the matter can be dealt with as an infringement of section 123(8).

The ‘kind’ of school referred to in sub-s. They were not classified according to race or language. that the additional assessments were not justified under section 125, because the effect of a decree declaring marriage a nullity was not to wipe out the past and to undo What had been done, and that under section 18(1) of the Finance Act, the basis of relief was a de facto marriage. ” Where, however, a minority like the Anglo-Indian Community, which is based, inter alia, on religion and language, has the fundamental right to conserve its language, script and culture under article 29(1) and has the right to establish and administer educational institutions of their choice under article 30(1), surely then there must be implicit Lawyers in Chandigarh such fundamental right the right to impart instruction in their own institutions to the children of their own Community in their own language.

1047, 75 586 also relies on the case of Ottawa Separate Schools Trustees v. Such being the fundamental right, the police power of the State to determine the medium of instruction must yield to this fundamental right to the extent it is necessary to give effect to it and cannot be permitted to run counter to it. The other two respondents in that appeal Venble Archdeacon A. (2) [1923] USSC 145; 262 U. If it is not, it cannot be set right If it is technical and unsubstantial it will not matter.

It is true he is not to reject any nomination paper on the ground of any technical defect which is not of a substantial character but he cannot remedy the defect. The Society, which is the first respondent in Appeal No. Section 433 deals with power to commute sentences. He must leave it as it is.

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