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631’it was observed by the Judicial Committee that “the -word ‘domicil’ in article 63 (of the Civil Code of Lower Canada) was used in the sense of residence, and did not refer to international domicile”. The rule requiring the payment of a capitation fee and providing for exemption therefrom refers only to bona fide residents within the State. But this measure is no more than a guide because the award of compensation under section 14 is discretionary and, moreover, the violation of constitutional right will not always be coterminous with the cause of action at law.

Wadsworth (1880) 14 A. (2) A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned. where the argument that Section 197 of the Criminal Procedure LawyerChandigarh Code vested an absolutely arbitrary power in the Government to grant or withhold sanction at their sweet, will and pleasure was considered : taking the matter to a criminal court and in view of the entire facts a complaint may not be lodged ‘for contravention of offence under item LawyerChandigarh 81 but in all cases the customs officers have to act in a reasonable and bona fide manner and they cannot just discriminate between similar cases according to their whim and fancy.

This was not a ground which has any merit. A declaration by the court will articulate the fact of the violation, but in most cases more will be required than words. Antoniades v Villiers was decided before Aveling Barford and Hoffmann J may well have had it in mind when writing his judgment. It is possible that in certain cases the evidence may not be sufficient for. There is however one obvious difference between the typical case of a disguised company distribution and the typical case of a tenancy disguised as a licence in order to avoid the Rent Acts.

It therefore follows that if a discretion is vested in the Corporation either to give its written consent in which case the Commissioner could subject to such limitation as may be imposed by the Corporation under Section 68(1) exercise the function or to authorize any other person by general or special order to give his written consent to institute prosecution under the Act. One of the grounds was that some of the questions were not covered by the curricula by the P. If some of the questions were outside the syllabi all the,candidates were at an equal disadvantage.

There is no identity of interest between the landlord and the putative licensee ֠quite the reverse ֠and the latter agrees to enter an artificial arrangement, against his or her interest, because of the weak Lawyer Chandigarh bargaining position of anyone looking for affordable accommodation in an overcrowded city. The Corporation in either view is not fettered to empower the Medical Officer of Health to give his written consent in appropriate cases to institute prosecutions under the Act, which in fact is what he did.

If the person wronged has suffered damage, the court may award him compensation. That apart Section 20(1) of the Act itself places no restrictions on the Corporation to circumscribe the powers of the Commissioner. We are fortified in the view that we are taking by the following observations in Matajog Dobay v. The employees were paid an amount equal to what they would have received by way of retrenchment compensation or by way of wages in lieu of notice.

When exercising this constitutional jurisdiction the court is concerned to uphold, or vindicate, the constitutional right which has been contravened. In Corpus Juris Secundum, Volume 28, page 5, it is stated: There is no reference to domicile in the rule itself, but in the Explanation which follows, clauses (a) and (b) refer to domicile, and they occur as part of the definition of “bona fide resident”. In the disguised company distribution case, by contrast, the same human beings are usually interested directly or indirectly, on both sides of the corporate manoeuvring: Dr Lee in Aveling Barford, anonymous financiers in Ridge Securities.

For-if that is done it is always open to a person against whom complaint has been instituted to challenge their exercise of discretion in appropriate proceedings. What has to be LawyerChandigarh considered is whether in the present context “domicile” was used in the sense of residence. The point to which I draw attention is simply that where there is a degree of identity of interest between both sides to a corporate transaction, both sides are likely to be in agreement as to its real purpose and its true nature and substance.

Choudhury faintly tried to urge other LawyerChandigarh points which may be briefly noted. The comparable common law measure of damages will often be a useful guide in assessing the amount of this compensation. While deciding whether a complaint should be instituted for an offence which is covered both by items 8 and 81 of S. The procedural provisions must be read in the light of the object and purpose. On the issue of the notice by the State, 1200 out of 2300 personnel who had continued from before in the work-charged establishment left their services 649 and the remaining 1 1 00 agreed to be reemployed on scales of pay and conditions of service of the State Public Work Department.

The fact that the same individuals are interested on both sides is not of course, by itself, a cause for alarm, since company reconstructions are carried out for all sorts of entirely proper purposes (and now have the benefit of sections 845 and 846 of the Companies Act 2006). 167 a customs officer must take into account the enormity and magnitude of the contravention and, the evidence which is available.

13 December 2018


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