Learned Single Judge observed that respondent is a son of an agreement holder and as well as holder of general Power of Attorney and therefore the respondent is not a stranger to the transaction and that the condition of Clause 13 of the Conversion Scheme stands satisfied in the facts of the case. under a banyan tree, conspired to beat the Jats and came back to the temple armed with weapons was true. The learned Chief Justice rightly pointed out that the first proviso is limited to incorporated bodies and had no reference to individuals.
The conclusion of the learned Chief Justice may better be stated in his own words, as follows:- ” It appears to me that the first matter to which we must address ourselves in answering the question before us is: This conclusion was reached by 668 the learned Chief Justice, who delivered the opinion of the Court, by starting with the premise that for determining the nature of the income of the company, it was not necessary to consider the provisions Suspension of Sentense Lawyer in Chandigarh the definition of ” business “, contained in the main clause of s.
referred to here, which formed the basis of the learned Judge’s order in its proper place and will not interrupt the narration of the events which have led to the appeal now before us. 26(b) of the Constitution and consequently did not contravene the fundamental right under that Article I48B of the Act (-lid not affect ” matters of religion ” within the meaning of Art. , who heard the petition allowed it and issued a direction to the State “to forbear from giving effect to the’ order of reversion if the petitioner by virtue of his seniority among promoters can be included in the 30 per cent.
2(5) of the Act, was not satisfied, no question of the application of sub-r. 2(5), which was also assumed to be parallel to the connotation of the term ” business ” under the Indian Income-tax Act. It is doubtful whether these observations are entirely correct, but, as will presently appear, we are not so much concerned with the _proviso as with the main provisions of the definition clause (s. Having, thus, excluded, without giving any reasons why they had to be excluded, the provisions of the main clause of the definition of ” business “, as contained in the Act, the learned Chief Justice addressed himself to the question whether the first proviso to the definition clause, which was in the nature of an additional provision, could govern the facts of the case, and bring it within the ambit of that kind of business to which the Act applied.
The possession of suit property by the respondent has been substantiated by the correspondence between the respondent and DDA which have been exchanged at the same address as that of suit property in respect of which conversion has been sought. It is also to be noticed that if the requirements of the proviso are satisfied, the holding of investments or other property shall be deemed to be a business’, which implies that it is not really a business and, but for the special provisions made by proviso would not be within the general definition contained in the main clause “.
Then, the learned Chief Justice observed : ” It is to be noticed that in the contemplation of this proviso, property is something different from investments, for it speaks of I investments or other property ‘. Lawyer in Chandigarh the un-amended Code, the categorization was only between issues of law and of fact and it was mandatory for the Court to try the issues of law in the first instance and to postpone the settlement of issues of fact until after the issues of law had been determined.
The State of Andhra thereafter moved the High Court for the grant of a certificate and having obtained it, has filed this appeal. This fact was spoken to by several eve-witnesses, including Goga (P. This fact was also mentioned in the First Information Report lodged by Doongar Singh (P. The High Court answered the question referred to, in the negative on the ground that though the income was derived from the holding of property, the fuilctions of the assessee-company did not consist wholly or mainly in the holding of investments or other property, as required by the proviso to s.
4, could arise; and even if such a question could arise, the word ” business ” in that sub-rule, must take its colour from the main provisions of the section. We shall be dealing in detail with the nature and scope of the rule as to the 30 per cent. On the other hand, in the amended provision there is a mandate to the Court that notwithstanding that a case may be disposed of on a preliminary issue, the Court has to pronounce judgment on all the issues A comparative reading of the said provision as it existed earlier to the amendment and the one after amendment would clearly indicate that the consideration of an issue and its disposal as preliminary issue has now been made permissible only in limited cases.
The framework of the judgment of the learned Sessions Judge may be shortly stated thus: The first question was whether the case of the prosecution that the Rajputs met. 2) and Doongar Singh (P. but dismissed the appeal holding that the Government Best Advocate in Chandigarh High Court directing the reversion of the promotee-probationers had not observed strictly the relevant rule as to juniority prescribed Criminal Revision Advocate in Chandigarh rule 5 of the Service Rules, to which rule we shall refer in due course.
There were 20 eyewitnesses who spoke about the conspiracy; and, out of them, P. Learned Single Judge of High Court of Delhi, after considering material on record allowed the writ petition by holding that the decree passed in the civil suit stands on a higher footing than any General Power of Attorney as per Clause 13(a) of the Conversion Policy. The State preferred an appeal from this judgment which was transferred to the High Court of Andhra after that Court.
The learned Judges who heard the appeal differed from the learned Single Judge in his view as to the scope of the rule as to 30 per cent. Since the requirement of the first proviso to s. 5, 8, 9, 11, 12, 15, 16, 17, 18. 24 and 25 received injuries during the riot.