11, page 162; Stroud, Vol. Kochar INSC 131; , (1979) 4 SCC 177. The relevant observations relied upon are to be found in paragraph 17 of the judgment. -For the purposes of this Act there shall be four kinds of courts- martial, that is to say,- (a) general courts- martial; The observations were made by the Court in the special facts of that case which clearly indicated that the criminal conspiracy entered into by the three delinquent public servants had no relation whatsoever with their official duties and, therefore, the bar of Section 197(1) was not attracted.
G said, entitles him Chandigarh Lawyer
to enter into any agreement which the law permits in the case of ordinary persons. It was held in the second place that as section 5(1) of the Ordinance XXIX of 1943 as it stood after the amendment of 1946, read with section 5(2) autho- 1029 rises a special court to try not all cases of offences specified in the schedule but only those which the State Government may in its discretion direct it, became repugnant to Article 14 of the Constitution as soon as the Constitution came into force.
It must also be remembered that the said decision was rendered keeping in view Section 197(1), as it then stood, but we do Lawyer in Chandigarh
not base our decision on that distinction. An SCM can legitimately be convened where there is grave and compelling cause for taking immediate action which would be defeated if reference to a District Court Martial or Summary General Court Martial is made. What, then, is the ordinary. Legal practitioners, according to him, are now governed by the law of contract and not by rules imported from other countries with different ideas and different social customs and imposed on the Bar ha India mainly by English Judges.
The first application was rejected and the second was granted, after it was brought to the notice of the Subordinate Judge that the receiver was attempting to dissuade prospective lenders who were approached on behalf of Rashmoni, to lend any money to her. After this, Rashmoni on behalf of her minor sons filed two successive applications before the Subordinate Judge praying for permission to raise by mortgage, of a part of the estate, the moneys necessary for releasing the estate from the hands of the receiver.
In the United States of America and in Australia both of which also are English speaking countries the word "income" is understood in a wide sense so as to include a capital gain. natural and grammati-: cal meaning of the word "income" ? In other words, holding of an SCM is the exception and not the rule. According to the dictionary it means "a thing that comes in". (2) No such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause 1019 against the action proposed to be taken in regard to him.
Therefore, the question would have to be examined in the facts of each case. Our attention was next invited to a three- Judge decision in B. We do not agree, because this Act is not concerned with professional misconduct. Chapter X of the Act deals with Courts Martial and the relevant Sections are:- 108. This order however was modified by a subsequent order made on 23rd June, 19 10, which directed that the receiver was to continue in possession of the estate until he was paid whatever was due to him for his ordinary commission and allowances and until the parties deposited in Court the amounts borrowed by the receiver under orders of the Court or in the alternative gave sufficient indemnity for the same.
On the 28th January, 1911, the following order was recorded by the Suborainate Judge It was further directed that as the suit was disposed of on compromise the receiver should discontinue collecting rents and profits due to the estate from that day. In our view, it will be wrong to interpret the word "income" in entry 54 in the light of any supposed English legislative practice as contended for by Mr. The question whether the acts complained of had a direct nexus or relation with the discharge of official duties by the public servant concerned would depend on the facts of each case.
Such a view would render Section 197(1) of the Code specious. (See Oxford Dictionary, Vol. It ,is interesting to note that in the English Income Tax Act of 1945 (8 and 9 Geo. That is dealt with by the Bar Councils Act which was passed Lawyers in Chandigarh
the same year (1926). nThe views of the various members of the Bench were not as clear cut here as in the first five cases, so it will be necessary to analyse what each Judge said. On the 16th of January, 191 1, Haripada, the younger son of Rashmoni, died and his interest devolved upon his mother as his heir under the Hindu law.
will be found at pages 794797 ) The opinion of Kania C. 32, sections 37 and 38) capital gains have been included as taxable income. 836 term "income", apart from the Income-tax statute. Kinds of courts- martial. nOn the very day that the compromise was filed, Rashmoni applied for discharge of the receiver. There can be no general proposition that whenever there is a charge of criminal conspiracy levelled against a public servant in or out of office the bar of Section 197(1) of the Code would have no application.
The Court made an order directing the receiver to submit his final accounts within one month, or as early as possible, when the - necessary order for discharge would be made. The trial held after the 26th of January, 1950, was therefore bad and although no evidence was taken after that date the discriminations in the shape of departures from normal procedure were involved even in the stage of arguments and pronouncement of judgment against the accused, and the conviction and sentence must consequently be set aside.
The Bar Councils Act makes no modification Lawyers in Chandigarh
the disciplinary jurisdiction of the High Court or of the sense in which professional misconduct had been understood throughout India up to that time. 102 at 113 499 his engagement and his fees by private agreement with his client.