The Definitive Guide To NRI Legal Services

2(k), because if the Government had no jurisdiction under the Act to refer the question of reinstatement of dismissed employee for adjudication,' then the to that extent, be treated as a nullity,reference must, and it would be immaterial that it was intravires as regards the other items of dispute. 2 (8) would not in terms apply to the tenements in question and that if any provisions of the Act could be attracted totes cases, cl. Adverting to the first point raised on behalf of the appellant, we have to notice an argument which was raised for the first time before 'us, namely, that the definition of " premises " in s.

" (1) Where" (a) any newspaper, or book, or (b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under Section 124-A or Section 153-A or Section 153-B or Section 292 or Section 293 or Section 295- A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any Advocates; learn this here now, police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.

But that will not render her in the eye of the law a deserter, as observed by Pollock, M. Power to declare certain publications forfeited and to issue search warrants for the same. PW-1 is the vendor of the plaintiff, who is also his power of attorney. Assuming that to start with the films constituted capital assets, the entire capital outlay had been recovered and the security had been extinguished and that part Advocates [such a good point] of the agreements which constituted financing agreements had been fully worked out and bad come to an end and the three films ceased to be capital assets and the assessee was holding the films only under that part Advocates, such a good point, of the agreements which consti- tuted the distributing agency agreements which only were subsisting.

Industrial Tribunal, Bombay (supra) will be as much applicable to the one enactment as to the other. He has stated in unmistakable terms that there was structural Advocates (such a good point) alteration in violation of the rent agreement. In the premises the amount received by the assessee was only so received "towards commission", that is to say, as compensation for the loss of the commission which it would have earned bad the agreements not been terminated.

E and that the wife left her husband's place in shame not having the courage to face him after that discovery. , Nor does it make any difference that there were comprised in the reference other items which fell within the definition under s. 3 of the Calcutta Municipal Act, 1923, or clause (30) of s. Material alteration of a property is not a fact confined to the exclusive/and personal knowledge of the owner. We have therefore to examine the question whether the definition of " Premises " as contained in s.

2 (8) of the Act is not comprehensive enough to be (1) A. 2 defining " hotel or lodging house " could more appropriately be applied to the tenancies in question. This letter is more consistent with the supposition that the husband was very angry with her on account of her conduct as betrayed by the letter, Ex. The definition is in these terms:- " premises' means any building or part of a building or any hut or part of a hut let separately and includes- (a)the gardens, grounds and out-houses (if any) appertaining to such building or part of a building or hut or part of a hut, (b)any furniture supplied or any fittings affixed by the landlord for use of the tenant in such building or part of a building or hut or part of a hut, but does not include a room or part of a room or other accommodation in a hotel or lodging house or a stall in a municipal market as defined in clause (44) of s.

nThis letter has an importance of its own only in so far as it does not corroborate the plaintiff's version that the defendant was in desertion and that the plaintiff was all along anxious to induce her to come back to him. 1951 Cal- 126 25 applicable to these cases. Bowron(1) partly quoting from Lord Gorell as follows:- "In most cases of desertion Advocates (such a good point) the guilty party (1) [1925] P. (2) xxx xxx xxx xxx (3) xxx xxx xxx xxx [7] [8] 95. 3 of the Calcutta Municipal Act, 1923, or in any other market maintained by or belonging to a local authority or a stall let at variable rents at different seasons of the year for the retail sale of goods in any other market as defined in clause (39) of s.

These cases have not been fought on that ground and, in our opinion, it is too late to raise for the first time a controversy in that form. Even the witnesses on behalf of the defendant, partially admitted that the defendants had effected some structural changes. 3 of the Bengal Municipal Act, 1932 ". As this point in this form has not been raised in the courts below or even in the statement of the case in this Court, we refuse to go into that question, even assuming that the controversy thus raised does not require any fresh findings of fact.

It is a matter of evidence, be it from the owner himself or any other witness speaking on behalf of the plaintiff who is conversant with the facts and the situation. PW-2 has also supported the case of the plaintiff.