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I shall refer to such a policy as “normal practice”. Once the first leg had failed, the stresses on the LawyerChandigarh remaining legs increased. It is important at the outset to define clearly what a “presumption” means in this context. The argument was that since there was a restriction in entry 294 against imports of motor cycles and scooters in C. LawyerChandigarh Still less did it colour Elias J’s approach; indeed, section 233 finds no mention whatever in his judgment.

It will thus apply equally to nationals of all Member States. Normal practice is to be distinguished from presumptions in the strict sense. The initial cracking occurs in regions of stress raising features, such as corners or notches, where stresses are concentrated. I shall refer to a presumption in the strict sense as a “legal presumption”. Such a presumption usually regulates the burden of proof in legal proceedings.

Secondly, the tyres and tubes could be had in the market here and so also saddles, so that if an importer desired, he could have sold these goods as motor cycles and scooters in C. The election was challenged by the petitioner on the allegations that by ordering the covering of a nallah, the construction of a road, the installation of water LawyerChandigarh caps and the grant of pattas to the inhabitants of a colony for construction of houses, the first respondent made a bargain with the people for votes and thus committed corrupt practice as defined in s.

The initial fatigue cracks occurred there and then propagated until they reached a point where they were subjected to what was described as a “leg breaking” stress that completely fractured the weakened leg. Phipson on Evidence 17th ed (2009) at 6-16 to 6-31 categorises “presumptions” in this sense into rebuttable presumptions of law, irrebuttable presumptions of law and rebuttable presumptions of fact. The third, namely, saddles were not amongst the goods imported. condition, the importer could not be allowed to do indirectly what he could not do directly.

Thus, a presumption that a deprivation of liberty is unlawful regulates the burden of proof in relation to that issue: the burden is on the detainer to show that there was a power to detain. It need not, and usually does not say anything about the burden of proof. Prima facie, an importer could import all the parts and accessories of motor cycles and scooters and it would not be a ground to say that he has committed breach of entry 295 or the licence in respect of the goods described therein, that the parts and accessories imported, if assembled, would make motor cycles and scooters in C.

The first two could not be imported and were in fact not imported because that could not be done under the licence in respect of goods covered by entry 295 which expressly prohibited their import and a separate licence under entry 41 of Part V would be necessary. “The Court has previously held that in order to determine whether the article 6-compliant second-tier tribunal had ‘full jurisdiction’, or provided ‘sufficiency of review’ to remedy a lack of independence at first instance, it was necessary to have regard to such factors as the subject-matter of the decision appealed against, the manner in which that decision was arrived at and the content of the dispute, including the desired and actual grounds of appeal.

Under entry 295, except for rubber tyres and tubes for whose import a separate licence could be obtained under entry 41 of 565 Part V, there are no limitations as to the number or kind of parts or accessories which can be imported under a licence obtained in respect of the goods covered thereunder. It is the Secretary of State’s case that paragraph 2 of Schedule 3 to the 1971 Act permits the operation of a policy in which she states that a FNP will normally be detained in certain prescribed circumstances.

The first respondent was successful in the election to the State Legislative Assembly. In the present case, the corners of the pinholes were stress raising features. At the time of election he was the Chief Minister of the State. No doubt, there was, firstly, a finding by the Collector that a trade practice prevailed under which motor cycles and scooters without tyres, tubes and saddles could be sold. There are no remarks against entry 295, as there are against entry 294, that a licence in respect of goods covered by entry 295 would not be valid for import of spares and accessories which, if assembled, would make motor cycles and scooters in C.

“Moreover, the new requirement to have a right to reside in the UK as a condition of access to income-related benefits will apply to UK nationals as well LawyerChandigarh as current EEA nationals and nationals of the acceding states. Such a policy serves as a guide to the caseworkers who make the LawyerChandigarh decisions on the ground and as an indication to the FNPs of what they can normally expect in the circumstances specified in the policy. goods in question did not admittedly contain tyres, tubes and saddles, so that it was impossible to say that they constituted motor cycles and scooters in C.

All that said, I do not regard section 233 as central to either Lord Phillips’ or Lord Hope’s reasoning in this case.


14 December 2018

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