There is no doubt that if a person is interested in a contract for the execution of any work undertaken by the appropriate Government he is disqualified for membership of the State Legislature in question. In view of our preceding analysis, we proceed to record our conclusions in seriatim:- (a) The State of Tamil Nadu had no authority to appoint the 4th respondent, Bhavani Singh as the Public Prosecutor to argue the appeal. 100 instead of going to the market and carrying on their business themselves.
those who have been empowered to prosecute generally and other who are empowered to deal with specific cases) that too in a single provision, which talked about Public Prosecutors under Section 492 of the old Code. (2) Notwithstanding anything contained in sub-section (1) or sub- section (1-A), if the Board is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, fix tariff values for any class of imported goods or export goods, having regard to the trend of value of such or like goods, and where any such tariff values are fixed, the duty shall be chargeable with reference to such tariff value.
, all of them stand on different footings and there cannot be a same scale to measure their functions. The validity of the appellant’s nomination has been challenged under s. Bhavani Singh appearing in the High Court in the same manner as Mr. , (as he then was), in a separate but concurring judgment, made the following very pertinent observations:- ” A perusal of the rules referred to in the judgment of the learned Chief Justice shows that the institution of authorised clerks exists for the benefits only of those who pay remuneration of Rs.
The submission is that after the decision in SAIL the Government of India issued a notification dated 25th September, 2000 inserting Rule 64B and Rule 64C in the Mineral Concession Rules, 1960 (hereafter MCR) and as a result of this, Run-of-Mine (ROM) minerals, after being processed in the leased area are exigible to royalty on the processed mineral. His case was that the contracts divorce lawyer in Chandigarh question had not been undertaken by the Bihar Government but they bad been undertaken by the Central Government; and he also urged that he had not taken the said contracts individually in his personal capacity, but as the Mukhiya of the Jeorakhan Tola Gram Panchayat.
Though there is common section 2(u) Cr. No doubt the benefit of the scheme would redound to the benefit of all members since all would have the advantage of disciplined supervision exercised over the authorised clerks and remisiers of the others. The rules provide for the application and grant for such permission, registration of the authoris- ed clerks on the individuals being recognised as clerks of particular members, supervision over the work of such clerks and particularly to prevent them from registering contracts either Lawyer in Chandigarh their own name or in the name of another member For that the charge is made.
defining all classes of Public Prosecutors i. 307/2004 has been filed by the State of Bihar (Now Jharkhand) against the same judgment and order dated 23rd July, 2002. In fact, this is the intention which can be inferred from the changes brought in the new Code as compared to the old Code of 1898. Individual members are permitted to work through an agent. Acharya appeared and Top Advocate in Chandigarh High Court any event his appearance in the High Court is not in issue. I do not know the circumstances in which Mr.
In the old Code, there were only two classes (i. Acharya had appeared on several occasions in the High Court in matters arising out of the case pending before the Special Judge when he was the Special Public Prosecutor to conduct that case. The appellant, however, denied that the disqualification imposed by S. On both these issues the Election Tribunal and the High Court have differed; and it is the said two issues that arise for our decision in the present appeal.
In the new Code, under Sections 24, 25 Public Prosecutor, Special Public Prosecutor, Assistant Public Prosecutor etc. For the record, it may be mentioned that the only example cited by learned counsel for the accused persons relates to K. It is contended that these rules were, unfortunately, not brought to the notice of the High Court and that the decision rendered by the High Court accepting the law laid down in SAIL is incorrect.
I do not think that because the payment for the carrying of the scheme is provided for only by members who avail themselves of the use of the authorised clerks it makes any difference. It is clear that if the appellant succeeds in showing that he had entered into the impugned contracts not individually but on behalf of the Panchayat of which he was the Mukhiya it would be un- necessary to consider whether the works covered by the said contracts had been undertaken by the Government of Bihar.
n472 of their scheme into effect is performing services for its members by the Association. Public Prosecutor defined under sub-section (u) of Section 2 is the genus and Special Public Prosecutor is the species. 7(d) could be invoked against him. It is not necessary to comment on this at all. Finally, learned counsel submits that Mr. Therefore, there is nothing wrong in Mr. 7(d) of the Act on the ground that at the date of the nomination he had an interest in a contract for the execution of works undertaken by the Bihar Government.