Advocate Simranjeet Singh Sidhu Best Lawyers In Supreme Court India
law firms in Supreme Court India - http://smsla.in/info/index.php/User:TeenaRdp815884. In such cases, counsel points out, the Court has only to see whether the person or authority, mentioned therein, has initiated the proceedings, by filing a com- plaint, best advocates in Supreme Court of India the manner, referred to in the particular provision. No question of a defence under section 39(1) could arise: a mistake as to the age of the victim is irrelevant to the question whether she was assaulted or not. Since, in the present 664 A case, the appellants appeared before the assessing authority and did not object to the validity of the notices but asked for sub-mitting their explanation, and as the time asked for was given, the appellants had a reasonable opportunity, for submitting their explanation.
1673, recognition means: There is a clear distinction between a transaction being void that is, non-existent from its very inception and a ban against its recognition. At the instance of the steel controller exercising powers under the Iron and Steel (Control of Production and Distribution) Order, 1941, the appellant supplied certain steel products to various persons in Madras State during the financial years 1953-54, 1954-55 and part of the financial year 1955-56. Indeed when it is said that such a transaction is not to be recognised for any purpose whatsoever it postulates that the transaction does exist and is valid but is not to be recognised.
The court must, therefore, lean in favour of construing a law in such a way as not to take away this right and render illusory the protection afforded by the Constitution. According to the Shorter Oxford English Dictionary, (3rd ed. In support of the contention that the transactions were not sales it was urged that they were effected under the directions of the Iron and Steel Controller given under cl. The State of Madras assessed the turnover of the appellant relating to those transactions to sales tax under the Madras General Sales Tax Act, the law top advocates in Supreme Court of India force at that time.
The mere fact that a Labour Court has been constituted under s. 1486, an acknowledgment. In this case, counsel points out, there is no controversy that the respondent is an officer, authorized by the Central Government, to file complaints, under s. From the adverse decision of the High Court the appellant, by special leave, came to this Court. " The Court found that there was no machinery provided by the Act for obtaining a refund of tax assessed and recovered in excess of the constitutional limit and that the machinery actually provided by the Act was not adequate for enabling an assessee to challenge effectively the constitutionality or legality of assessment or levy of a tax by a municipality or to recover from it what was realised under an invalid law.
, such Labour Courts which are specifically designated by the State Government for the purpose of computing the money value of the benefit claimed by a workman. The appellant contended before the authorities under the Sales Tax Act as well as the High Court that the transactions were not sales and therefore could not be taxed. Khanna, learned counsel for the respondent-com- plainant, has pointed out that the principles, enunciated by the appellants' counsel, do not apply to cases where the statute, as in this case, simpliciter provides for a complaint being made, by the particular officer, mentioned therein.
10B of the Order and that being so there was no mutual assent between the parties to the transactions. Recognition means, according to Jowitt's Dictionary of English Law, p. 11(4) and 11A require is that an assessee should be given a reasonable opportunity before he is proceeded against. If he reasonably believed that she was 16 or older, he has a defence under section 39(1), unless he is deprived of it under section 39(2)(a)(i). "Further, one of the corollaries flowing from the principle that the Constitution is the fundamental law of the land is that the normal remedy of a suit will be available for obtaining redress against the violation of a constitutional provision.
7(1) of the Act, for the purpose of adjudication of Industrial Disputes as well as for performing other functions that may be assigned to it under the Act does not mean that the court is automatically specified as the Court for the purpose of exercising jurisdiction under s. Similarly, a boy of 16 who touches sexually a girl of 15, with her consent, commits an offence under section 30 of the 2009 Act. The further contention was that there was no material to show that the deliveries were for consumption within the State of Madras so as to become taxable within the State.
If, on the other hand, the girl did not consent to being touched, the offence would be sexual assault, which is dealt with in section 3 of the 2009 Act. The Second Labour Court, West Bengal, was never specified by any order of the State Government as one of those Labour Courts which was to exercise the powers or discharge the functions under s. 467 (e)the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid-, and top lawyers in Supreme Court of India making the award, he shall have regard to the circumstances of each case and the provisions of sub-sections (2) and (3), so far as they are applicable;" Sub-ss.
Section 33C(2) confers jurisdiction only on those Labour Courts which are specified top advocates in Supreme Court of India this behalf, i.