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We do not think that we shall be justified divorce advocate in Chandigarh going behind that assessment. The findings of the JCC are based on the pleadings and the material evidence produced on record by the parties and the Resolution dated 30. 835-838/2014 before the High Court of Karnataka against the order of conviction dated 27. and that the new arrangement did not materially affect the position of the Company as a business concern. McLure realised the position as soon as he came on the bridge at 6-49 p.

when a collision seemed imminent and perhaps the collision would have been averted if the Nizam had not taken the unfortunate action of hard starboarding after the Kalawati had taken port action. The courts below have considered that evidence and have assessed it. This argument, if we may say so, mixes up the Constitutional invalidity of a statute with the procedure to be followed to enforce the fundamental rights of an individual. and ordered full speed astern. In 1905, the Syndicate acquired part of a right to a concession in Korea, which included a gold mine, but in 1908, it assigned its rights to another Company Direction Under Section 482 Law Firm in Chandigarh an agreement of lease in consideration of certain royalties, but which were really a percentage of the profits Top Counsel in Chandigarh High Court working the property.

25 after-acquired power cannot, ex proprio vigore, validate a statute void when enacted. Mehta be and is hereby appointed as Managing Trustee of the Trust with absolute and sole powers and authority in respect of the management of the Trust and all the activities of the Trust subject to provisions of the law applicable to a Charitable Trust including the following :- To manage the affairs of Lilavati Hospital (2) where there is express sanction or approval of the act by the co-trustees; The relevant paragraphs 1 to 4 and 9 of the Resolution dated 30.

2 to 9 including the appellant of the Trust had delegated their powers and functions to the deceased Vijay Mehta to manage the affairs of the trust. 525, 40 it is contended that in the case ‘of both the directive principles and the fundamental rights, it must be held that the infringement of either does not invalidate the law, but only makes the law unenforceable. The cases already considered supra clearly establish that a law, whether pre-Constitution or post-Constitution, would be void and nugatory in so far as it infringed the fundamental rights.

2001 regarding the delegation of powers given to the delegatee deceased Vijay Mehta read thus:- “Resolved that Shri Vijay K. 2014 – All the Accused filed the Criminal Appeal Nos. (f) The Public Prosecutor will be at liberty to apply that the witnesses who have been recalled and cross-examined by the accused and who have resiled from their previous statement, may be again recalled. On August 8, 1890, an Act of Congress was passed to the effect that -intoxicating liquors transported into any State should upon arrival in such State be subject to the operation and effect of the laws of such State.

State of Karnataka was not made a party-respondent in the Criminal Appeal. ” In Wilkerson’s Case (1) the facts were that in June 1890, the petitioner, a citizen of the United States and an agent of Maynard, Hopkins for, under the said law, “any person or persons who shall manufacture, sell or barter any in- toxicating liquors, shall be guilty of a misdemeanor “. 2001, wherein the trustees, respondent nos. 23 and had slackened the speed of or reversed the Nizam between 6-45 p.

The House of Lords approved of the decision in the case of the Commissioners of Inland Revenue v. Under those circumstances, the Supreme Court of the United States held : In that case, a Syndicate was registered in 1905 as a Company for the purposes of acquiring and working concessions and turning them to account, and of investing and dealing with any moneys not immediately required. If Mason had followed the provisions of Art. The Constitutional validity of a statute depends upon the existence of legislative power in the State and the right of a person to approach the Supreme Court depends upon his possessing the fundamental right, i.

The Public Prosecutor would be at liberty to apply to the court to have these witnesses declared hostile and to seek permission to cross-examine them. Unfortunately, it was too late then. (4) [1951] INSC 25; [1951] S. We do not see any relevancy in the reference to the directive principles; for, the legislative power of a State is only guided by the directive principles of State Policy. We have already said that it is not for us to consider what weight should be given to the oral evidence of Janardan and Dharanidhar or to the statements in Ex.

, he cannot apply for the enforcement of his right unless it is infringed by any law. The Korean Syndicate, Ltd. It will be seen from the aforesaid facts that at the time the State Laws were made, they were valid, but they did not operate upon packages of liquors imported into the Kansas State in the course of interstate commerce, for the regulation of inter-State commerce was within the powers of the Congress; and that be- fore the two sales in the Kansas State, the Congress made an Act making intoxicating liquors transported into a State subject to the laws of that State, with the result that from that date the State Laws operated on the liquors so transported.

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