” This line of reasoning receives support from the observations made by some of the learned Judges of this Court in their respective judgments in the case of A. 2007 dismissed both the appeals upholding the judgment of the Trial Court. Finally, in Indra Sawhney, a 9-judge Bench by majority (speaking through Jeevan Reddy, J. In other words, any other application made by a person without the consent of the Advocate General, is not an application in the eyes of law.
As a consequence, the statutory benefit of three per cent reservation in favour of PWD is denied insofar as IDENTIFIED POSTS Advocates in Chandigarh Groups A and B are concerned, since these posts, under relevant regulations of Prasar Bharati are to be filled up exclusively through direct recruitment. However, it provides for three per cent reservation in IDENTIFIED POSTS falling in Groups C and D irrespective of the mode of recruitment i.
Memorandum II provides for reservation in favour of PWD to the extent of three per cent in all the IDENTIFIED POSTS in Prasar Bharati, when these are filled up by direct recruitment. 11) Challenging the order of conviction and sentence of the Trial Court, appeals being Crl. practically reiterated his observations in the previous case as follows: Binford(3), where Sutherland J. It was further held that the Punjab Government had no power in February, 1950, to sanction his prosecution under section 188, Criminal Procedure Code, for acts 701 committed Advocates in Chandigarh Pakistan in November, 1947.
where such restrictions are in the opinion of the public authority necessary to prevent a nuisance or for the maintenance of order. Learned counsel for the respondent, per contra, would support the judgment passed by the High Court on the foundation that this High Court has ascribed adequate reasons to come to the conclusion and, in any case, the punishment of dismissal in the facts and circumstances is too harsh and shocks the conscience. ” The streets belong to the public and are primarily for the use of the public in the ordinary way.
This reference or motion can conceivably commence on an application being filed by a person whereupon the subordinate court or the Advocate-General if it is so satisfied may refer the matter to the High Court. Railroad Commission(1), and again in Stephenson v. Proceedings for civil contempt normally commence with a person aggrieved bringing to the notice of the court the wilful disobedience of any judgment, decree, order etc. The High Court also repelled the further contention of the appellant bank that in any case Ram Narain could be tried Lawyers in Chandigarh at Gurgaon for the possession or retention by him at Hodel of the sale proceeds of the stolen cotton which themselves constitute stolen property.
This aspect has been succinctly discussed and subtly distinguished in paragraph-44 of the Pallav Sheth case (supra). That is why in paragraph-39, which we have extracted above, it has been clearly held that unless a court was to take suo motu action, the proceeding under The Contempt of Courts Act, 1971 would normally commence with the filing of an application drawing the attention of the court to the contempt having been committed. 34-SB and 637 of 2004 were filed.
The High Court allowed the revision and quashed the charges and held that the trial of respondent, Ram Narain, by a Magistrate in India was without jurisdiction. Such a motion, by any person other than Advocate General, can be made only with the consent in writing of the Advocate General. It was held that until Ram Narain actually left Pakistan and came to India he could not possibly be said to have become a citizen of India, though undoubtedly he never intended to remain in Pakistan for any length of time and wound up his business as quickly as he could and came to India in November, 1947, and settled in Hodel.
But their Lordships think that there is a marked distinction to be drawn between the prohibition or prevention of a trade and the regulation or governance of it, and indeed a power to regulate and govern seems to imply the continued existence of that which is to be regulated or governed. Their use for purposes of gain is special and extraordinary and generally at least may be prohibited or conditioned as the Legislature deems proper.
To quote paragraph-44: The application is the motion provided under Section 15 of The Contempt of Courts Act, 1971. ” This decision was approved in Frost v. In the case of criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or the Law Officer of the Central Government in the case of a Union Territory. The High Court, by impugned judgment dated 06.
Ram Narain then preferred an application in revision to the High Court, Punjab, at Simla, and with success. Leave to appeal to this Court was granted under article 134(1) (c) of the Constitution. ) confirmed that Article 16(4) is not an exception to the Rule in Article 16(1) but it is an instance of (such) classification (ii) That the embargo on reservation in promotions laid down by this court Lawyers in Chandigarh Indra Sawhney , (1976) 2 SCC 310. whether by direct recruitment or by promotion.