As there is no fresh direction issued by the Hon’ble Supreme Court to appoint a Special Public Prosecutor, they have not made any such appointment. 3 :Adjustment Formulae Contact price shall be adjusted for increase or decrease Property Lawyer in Chandigarh rates and price of labour, materials, Plant, machinery, equipment, spares, fuels and lubricants in accordance with the following principles and procedures as per formulae given below. Article 192 reads as follows:- “Article 192. We also find nothing in the Nadar Transport case (2), to support the conclusion arrived at Barristers in Chandigarh Dholpur Co-operative Transport etc.
Decision on questions as to disqualifications of members- (1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final Sub Article (2) obligates the Governor to obtain the opinion of the Election Commission before giving any decision.
260/2015 and the Division Bench recorded the statement of the learned Advocate General, which is to the following effect:- Sri Prof. In the Nadar Transport case(2), on the contrary, it was observed that ” see. We think that the Nadar Transport case (2) was misunderstood. With the trial coming to an end with the order of conviction, that obligation ceases. It was there held that in an appeal under s. Article 192 stipulates that if any question arises as to whether a member of the Legislature of a State “has become subject to any disqualification” mentioned in clause 1 of Article 191, such a question is required to be referred to the decision of the Governor.
There, in a deed of lease granted for 99 years by the East India Company there was a clause for renewal for another like period on the lessee paying a sum of money and ” upon such terms and conditions as should be judged reasonable “. Awards are given on circumstances peculiar to each dispute and the tribunals are, to a large extent, free from the restrictions of technical considerations imposed on courts.
64 (a) no grounds other than those taken before the lower authority could be canvassed. 136 may materially affect the fundamental basis of such decisions, namely, quick solution to such disputes to achieve industrial peace. 64 or by any of the rules made under the powers conferred by the Act “. To leave no room for confusion as to whether the State Amendments continued to be in force or repealed, Section 9A was again re-enacted with the assent of the President of India under Article 254 (2) of the Constitution of India nAfter Section 9A of Maharashtra Amendment Act stood repealed by Section 97 of the CPC Amendment Act of 1976 being inconsistent with the Code, the State Legislature of Maharashtra felt that certain amendments made by the earlier State Amendment Acts were useful and required to be continued.
Now the trial has ended in an order of conviction. It cannot obviously be so construed as to confer a right to a party where he has none under the law. As the matter is sub-judice, they have not taken any further action in this matter. Accused have preferred the appeals before this Court. When the said Senior Counsel pleaded his inability to continue to appear, they appointed the 5th Respondent [Mr. With the rest of the decision there we are not concerned and as to that we do not say anything.
That does not lead to the conclusion that on proper grounds all reliefs necessary to make the appeal effective cannot be granted. (a) and (f) are intended in our opinion to apply to different situations ” and that ” the power of the appellate authority is not restricted in any manner either by the provisions of s. The Industrial Disputes Act is intended to be a self-contained one and it seeks to achieve social justice on the basis of collective bargaining, conciliation and arbitration.
A free and liberal exercise of the power under Art. Ravi Verma Kumar, learned domestice violence advocate in Chandigarh General, appearing for the State of Karnataka submitted that in pursuance of the directions issued by the Hon’ble Supreme Court in consultation with the Hon’ble Chief Justice, the State of Karnataka appointed a Senior Counsel as the Public Prosecutor, who conducted the trial. It is implicit in the discretionary reserve power that it cannot be exhaustively defined. The Article also declares that the decision of the Governor shall be final.
Being dissatisfied with the judgment and order passed by the learned Single Judge, the appellant preferred writ appeal no. As earlier, the appointment was made in pursuance of the direction issued by the Hon’ble Supreme Court, their understanding is that the obligation to appoint was only during trial. Bhavani Singh] as the Public Prosecutor, who conducted the proceedings. Though the State has appointed a Public Prosecutor under Section 24(1) of the Code, in the absence of any direction from the Apex Court, the said Public Prosecutor is not appearing in the pending appeals before the High Court.
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