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The question is-why did the Kalawati turn to port at about 6-48 p. 3 it is only the actual price structure fixed by the Controller which in a given case can be successfully challenged as violative of Art. If one looks at Section 294, the annoyance that is spoken of is clearly defined – that is, it has to be caused by obscene utterances or acts. The judgment, therefore, does not help the respondents. 2,19,343 received by the assessee from the Company was a capital receipt.

162 of the Code of Criminal Procedure or of the Indian Evidence Act, or even of the rules of natural justice. Logically it is only after all the prior charges have been determined and deducted from the gross profits that available surplus can be ascertained; Before we part with the question of working the formula it is necessary to observe that the practice adopted by some tribunals in giving the amount of bonus a priority in the calculations is not justified. 11B by itself we do not see how it would be possible to hold that the said clause is violative of Art.

3 and 4 are valid and cl. 645, Aher Raja Khima v. We shall endeavour now to construe it. Equally, under Section 510, the annoyance that is caused to a person must only be by another person who is in a state of intoxication and who annoys such person only in a public place or in a place for which it is a trespass for him to enter. The State of Saurashtra, [1955] INSC 79; [1955] 2 S. Rule 7 provides for seniority from the date of order of appointment after selection.

The Appellate Assistant Commissioner as well as the High Court were thus justified in the conclusion to which they came, viz. The State of Madras, A. It could not, therefore, be said that the trial Judge had done anything which could be rightly characterised as infringement of the provisions of s. 589 and Balbir Singh v. The amended section still remains difficult to construe. As a matter of fact there are three kinds of cases of agencies shown by the decided cases: (1) Kelsall Parsons case (1) where the recipient was carrying on several agencies and the test laid down was whether the business structure could absorb a shock of the terminate on of one.

974 available surplus is determined, the tribunal should, in the light of all relevant circumstances, proceed to make an award directing the payment of a fair and just amount to labour by way of bonus. 162 of the Code of 1898 had been variously construed, 115 914 and the amendment in 1923 has not improved matters. If the formula is thus worked reasonably it would in a large majority of cases succeed in achieving its principal object of doing justice both to labour and industry.

The fact is that an agency contract which has the character of a capital asset in the hands of one person may assume the character of a trading receipt in the hands of another, as for example, when the agent is found to make a trade of acquiring agencies and dealing with them. The 1979 Rules provided for regularization of ad hoc appointment of persons possessing requisite qualifications for Regular Bail Advocate in Chandigarh appointment on completion of three years continuous service.

Article 27 is also important for our purpose. 162 of the Code of 1898 were amended Top Advocate in Chandigarh 1923 in the hope that the amendment would resolve the various doubts which had sprung up as the result of divergent judicial opinions as to the meaning of these Provisions. , in Golden Horse Shoe (New) Ltd. Such narrowly and closely defined contours of offences made out under the Penal Code are conspicuous by their absence Top Barrister in Chandigarh Section 66A which in stark contrast uses completely open ended, undefined and vague language.

11B does nothing more than prescribe conditions for the exercise of the delegate’s authority which are consistent with s. 389 of Income-tax and Excess Profits Tax, Madras v. The courts below proceeded, however, on the footing that the channel in question was a narrow channel within the meaning of the said Article and we have also proceeded on the same footing. Further the learned Single Judge relied on established principle that the Court shall not grant injunction against the issuing bank or the confirming bank except in two circumstances: (ii) As per UPC-600 (Uniform Customs and Practice for Documentary Credits, Sixth Edition) published by International Chambers of Commerce, the Banks are bound to release the payment in terms of the Letter of Credit if the complying presentation is made by the Beneficiary (in this case Synergic Companies).

” The learned Judge considered the price structure fixed by the notification and observed that the respondents therein did not seriously challenge the validity of the notification in respect of price structure and, that apart, it was not proved that the notification adversely affected a large class of dealers taken as a whole. “Therefore reading cl. The South India Pictures Ltd. The said Rules though initially applicable to appointments made prior to January 01, 1977 were extended from time to time and on 7th August, 1989, the said rules were extended to persons directly appointed on ad hoc basis on or before 1st October, 1986 and who continued in service.

The State of Rajasthan, [1957] INSC 28; A. The principle was thus stated by Romer, L. We know from the Kalawati’s log book that she entered the swept channel at about 6-25 p. We think that Mason’s own evidence furnishes an answer to the question.


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