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发布于:2018-11-11 03:20:39  访问:2 次 回复:0 篇
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, there was a reasonable probability of a collision which it was the duty of the defendant to avoid as best as he could, and according to Commander Kale, the only way he could have possibly avoided it was by steering his ship to port. Articles 17 to 27 of Advocate Simranjeet Singh Sidhu the 1910 Regulations relate to steering and sailing rules. He Advocate Simranjeet Singh Sidhu takes the` view that the Kalawati should have rather turned to starboard than to port, and his opinion is based on the consideration that the Kalawati should have assumed that at sometime or other the Nizam would turn starboard and taking that possibility into consideration she should have gone to the right side and not to the wrong side.
Commander Kale is emphatically of the opinion that at 6-48 p. They are neither interlinked nor interdependent so as to dispense compliance of one with the compliance of another. , Dwarka Cement Works, Dwarka v. Secondly, in that case the Court was also dealing with the application of Advocate Simranjeet Singh Sidhu the provisions of Section 57 of the Act which are worded differently and have different requirements, as opposed to Sections 42 Advocate Simranjeet Singh Sidhu and 50 of the Act. Article, 18 says in effect that when two steam vessels are Advocate Simranjeet Singh Sidhu meeting end on or Dearly end on so as to involve risk of collision, each should alter her course to starboard so that each may pass on the port side of the other.
10 of the Income-tax Act is made applicable with modifications if any as may be prescribed as if it were a provision of the Excess Profits Tax Act and refers to the Excess Profits Tax instead of Income-tax. -These twenty-five appeals are by certificate under Arts. , that the ship should have been ordered to go full speed astern earlier than 6-49 p. Advocate Simranjeet Singh Sidhu We have the plan before us and we have the evidence before us, but as this question of fact involves a question of nautical skill we have availed ourselves of the assistance of the assessors.
In fact, they operate in different fields and at different stages. These are separate rights and protections available to an accused and their compliance has to be done in accordance with the provisions of Sections 42, 50 and 57 of the Act. The sending of report as required under Section 57 of the Act on 20-7-2000 will be no compliance, factually and/or Advocate Simranjeet Singh Sidhu in the eye of the law to the provisions of Section 42 of the Act.
considered the arguments advanced and came to the conclusion that the Advocate Simranjeet Singh Sidhu five- year pact which originated in Ahmedabad was not only fair in itself but also an important contribution to industrial peace, and that it did not in any way run counter to the law laid down by the Supreme Court. After so stating, the Court proceeded to address the separate rights and protection under the said provisions and in that context ruled:- \"Reliance placed by the learned counsel appearing for the State on Sajan Abraham is entirely misplaced, firstly in view of the Constitution Bench judgment of this Court in Karnail Advocate Simranjeet Singh Sidhu.
The Industrial Court to which the dispute was referred elaborately. It is not a case where any reason has come in evidence as to why the secret information was not reduced to [pic]writing and sent to the higher officer, which is the requirement to be adhered to \"pre-search\". 2(19), the expression \"profits\" means profits determined in accordance with Sch. The Labour Union demanded bonus for the year 1958 on the basis of the said pact. The question of sending it immediately thereafter does not arise in the present case, as it is an admitted position that there is total non-compliance with Section 42 of the Act.
132 and 133 of the Constitution granted by the High Court of Judicature at Allahabad and raise the question of the validity of the scheme of nationalization of State Transport Service formulated by the State Government and the consequential orders made by it. if the Nizam was pursuing the same course that she was doing from 6-38 p. 21 union of the textile industry in Ahmedabad, and the various textile mills in that area in respect of the bonus payable for the year 1958.
Malcolm does not agree with this view. The said Labour Union entered into a five-year pact with the Ahmedabad Mill-Owners` Association, representing the member mills, in regard to payment of bonus for the years 1953 to 1957. That distinction has to be kept in mind by the courts while deciding such cases. On this point both the assessors have expressed their opinion that as a matter of nautical skill 988 it would have been possible and indeed it should have ,been done, viz.
1 (which was added by s. Now, as the Nizam was the \" giving way\" vessel, there was the primary obligation upon her if necessary to stop the ship or to go astern, and on the evidence it is difficult to resist the conclusion that the order to go full speed astern, could have been given earlier either by the Captain himself or by Mason. The mill- owners claimed that the said pact was contrary to the law laid down by the decision of this Court in the case of The Associated Cement Companies Ltd.
On that finding it extended the operation of the pact for one more year and directed the parties to file within six weeks from the date of the award calculations in respect of the bonus payable for the year 1958, in the light of its decision and on the footing that the five-year pact was for six years. 1 of the Act which lays down the rules for computation of profits for the purpose of Excess Profits Tax Act. there was a reasonable probability of a collision which justified the Kalawati in changing her course to port in order to avoid that collision.
4 of the Excess Profits Tax Ordinance, 1943 provided as follows: 21 of the Excess Profits Tax Act, amongst other provisions, s. Malcolm, we are inclined to prefer the opinion given by Commander Kale as to what should have been done under the circumstances. Article 19 is in these terms: Article 17 applies to sailing vessels, and Art. Its Workmen (1) and that, if the rehabilitation cost was calculated on the basis of the principles laid down therein, there would not be any \"available surplus\" to sustain the claim for bonus.
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