Simranjeet Law Associates Examine This Report on Chandigarh Advocate

Please log in or register to like posts.

4) After examination of witnesses and recording of the statements, the Special Judge, by order dated 27. attempted to give a definition Advocates in Chandigarh the following terms :- “social justice connotes the balance of adjustments of the various interests concerned in the social and economic structure of the State, in order to promote harmony upon an ethical and economic basis” and he stated that there were three Chandigarh Advocates parties concerned here, viz. This can be achieved by having a contented labour force on the one hand, and on the other hand an investing public who would be attracted to the industry by a steady and progressive return on capital which the, industry may be able to offer.

One lakh, in default to pay fine, to undergo further simple imprisonment for three years. (3)It is not necessary that there should in fact be an actual interference with the course of administration of justice but it is enough if the offending publication is likely or if it tends in any way to interfere with the proper administration of law. A person accused of an offence under the Indian Penal Code and committed in a district which after the partition of India became part of Pakistan cannot be tried for that offence by a Criminal Court in India after his migration to India and acquiring thereafter the status of a citizen of India.

” This formula was reiterated in Textile Mills, M. fully considered the question of social justice in relation (1) (1952) 2 L. It adopted the following method of approach at page 1258 of that judgment :- ” Our approach to this problem is motivated by the requirement that we should ensure and achieve industrial peace which is essential for the development and expansion of industry. , the employers, the labour and the State itself, and the conception of social justice had to be worked out in this context.

Without embarking upon a discussion as to the exact connotation of the expression “social justice” we may only observe that the concept of social justice does not emanate from the fanciful notions of any particular adjudicator but must be founded on a more solid foundation. In our Full Bench decision (See 1950,2 L. nAs the suit is for possession of the church properties the plaintiffs, in order to succeed, must establish their title as trustees and this they can only do by adducing sufficient evidence to discharge the onus that is on them under issue 1(b) irrespective 531 of whether the defendants have proved the validity of their meeting, for it is well established that the plaintiff in ejectment must succeed on the strength of his own title.

Their argument was that Karingasserai meeting was only a meeting of the representatives of those churches which stood by the Patriarch Chandigarh Lawyer Abdulla 11 and the succeeding Patriarchs and as the defendants and their partisans had become aliens to the Lawyer Chandigarh Church no notice to them was necessary It will be noticed that the defendants’ objection to the Karingasserai meeting was two-fold, (i) that the meeting had not been convened by competent persons and (ii) that notice had not been given to all the churches.

The District Judge in paragraph 164 of the judgment held, for reasons stated by him, that that meeting had not been convened by competent persons and in paragraph 165 he found that notice of the said meeting had not been given to all the churches. It having been conceded by the plaintiffs’ advocate at the time of the final argument before the District Judge that there is no evidence on the plaintiffs’ side to prove that all the churches in existence prior to 1086 had been issued notices, the position was taken up that in the view of the plaintiffs’ party the defendants and their partisans by adopting the new constitution Ex.

The facts in the said case are absolutely different but we have only referred to the said authority to appreciate that it has reiterated the principle that an act must bear a relation to the duty that the accused could lay a reasonable claim that the act has been in exercise of official duty or duty that has been done has the colour of office. ,Their Workmen( 2 ), and in the latter case it deprecated the idea of adjudicators importing considerations of social justice which were not comprised in that formula :- ” And what is social justice ?

About a year later on July 15, 1940, the three sons of Ram Narayan, who 61 474 are the reversionary heirs of Haripada after the death of Rashmoni, commenced the present suit in the Court of the Subordinate Judge at Alipore claiming to recover possession of the property on the allegation, that the security bond executed by Rashmoni not being supported by legal necessity, the sale Lawyers in Chandigarh execution of the mortgage as well as the subsequent conveyance in favour of Sarat Kumar Das could pass only the right, title and interest of Rashmoni and could not affect the reversionary rights of the plaintiffs On the 8th June, 1939, Rashmoni died.

2002, found the appellant-accused guilty of the offence punishable under Section 20 of the NDPS Act and sentenced him to undergo imprisonment for ten years with labour and fine of Rs. AM had become aliens to the Church and as such were not entitled to be invited to that meeting. Social ‘justice is not the fancy of any individual adjudicator; if it were so then ideas of social justice might vary from adjudicator to adjudicator over all parts of India.

Such insinuations as were implicit in the passage in question were derogatory to the dignity of the Court and were calculated to undermine the confidence of the people in the integrity of the Judges. Their Workmen(1), and Famous Cine Laboratory v. Indeed the Full Bench of the Labour Appellate Tribunal evolved the abovequoted formula with a view to dispensing social justice between the various parties concerned.

Leave a Reply

Your email address will not be published. Required fields are marked *