With respect, I can only think that this is the outcome of an overdrawn picture as to the chaos said to have been created by the earlier pre- Constitution sales-tax laws. This Court discussed the statute law in India which in certain circumstances permitted an appeal against a jury verdict and authorised the appellate Court to substitute its own verdict on its own consideration of the evidence and came to the conclusion that unless it was established in a case that there had been a serious misdirection by the Judge in charging the jury which had occasioned a failure of justice and had misled the jury in giving its verdict, the verdict of the Chandigarh Advocates
jury could not be set aside (19) Where a certificate of recovery is issued against a company registered under the Companies Act, 1956 (1 of 1956) the Tribunal may order the sale proceeds of such company to be distributed among its secured creditors in accordance with the provisions of section 529A of the Companies Act, 1956 and to pay the surplus, if any, to the company.
We must record that the proceedings and the decisions of the courts below are disturbing, to say the least. (2) All questions (including questions relating to right, title or interest in the property attached) arising between the parties to a proceeding or their representatives under this rule and relevant to the adjudication of the claim or objection, shall be determined by the Court dealing with the claim or objection and not by a separate suit. Then, this null and void conviction was used as a basis for making an attachment of his properties before the Sessions Court.
In the first place, though the accused had died, the trial court proceeded with the trial and recorded a conviction two years after his death. (b) The licensee shall comply with such directions as the Provincial Government may by general or special order give as to the manner in which approved films shall be exhibited in the course of any performance. English law of Champerty and Maintenance does not apply to India; Please see Ram Coomar Coondoo v. It is said that this result was achieved by covering all loopholes from various angles, articles 286(1)(a), 286(1)(b), 286(2) and 286(3) being said to be the four plugging points.
The contrary opinion adopted by my learned brothers is based almost entirely on the view that article 286 is inspired by the anxiety of the Constitution to prevent the mischief of multiple taxation, which arose from the operation of the preexisting sales-tax laws. It is incomprehensible, therefore, that such an application could Advocates Chandigarh
have been made in regard to a dead person who obviously cannot be said to be ordinarily resident or carrying on business anywhere. " Explanation:-" Approved Films" means a cinematograph film approved for the purpose of this condition by the Provincial Government or the Central Government.
Srinivas Agencies, and the Courts attention was drawn to the factual and legal position expressed therein: In order to repudiate the submissions advanced at the hands of learned counsel for the appellant, based on the judgment rendered by this Court Lawyers in Chandigarh
the Allahabad Bank case1, reliance was placed on Industrial Credit and Investment Corporation of India Ltd. As already pointed out, the common feature of all the previous ten Sales-Tax Acts, was to bring about limited multiple taxation in respect of outside sales at two points, viz.
nState of Bombay(1) and the Court held that where a jury has been misdirected and has based its verdict on assumptions and conjectures, the Supreme Court may order a retrial or remit the case to the High Court with a direction that it should consider the merits of the case in the light of the decision of the Supreme Court and say whether there has been a failure of justice as a result of the misdirections, or it may examine the merits of the case and decide for itself whether there has been a failure of justice in the case and that in deciding whether there has been in fact a failure of justice Advocates in Chandigarh
consequence of a misdirection the Court would be entitled to take the whole case into consideration.
Clause 3 contemplates that such an application must be made to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides or carries on business, in respect of property which the State Government believes the said person to have procured by means of the offences. Amarnath was the client. He had admittedly a just cause and the High Court has held that the terms came from him and were accepted out of compassion.
, (1) transfer of ownership within the taxing State, and (2) the actual presence of goods in the taxing State at the point of time when the transfer of ownership takes place in another State. There is no legal provision which enables continuance of prosecution upon death of the accused. Astonishingly, all applications succeeded, the attachment was made absolute and over and above all, the High Court upheld the attachment. I submit that in such circumstances the agreement was neither professionally nor morally improper.