2004 for placing the same before the Honble Chief Justice of the High Court and on 11. 501 of 2016 is concerned, the relevant prayers are prayers (a), (b) and (c). The said letter was received by the High Court along with a forwarding letter of the District Judge dated 7. The background in which the present litigation arises is as follows: Prayers (a) and (b) are similar prayers to the prayer in the Writ Petition (C) No. Above all, we would be dealing a blow to the authority of the court, the consequence of which cannot be viewed with equanimity.
" It was further thought that acceptance of apology would lead to an invidious distinction being made in the case of two Advocates in Chandigarh
and Zikar. The sentence already passed upon the respondent by the trying Magistrate shall stand and if the fine of Rs. 2016, as per Annexure P-2 13. I shall now consider the question urged by the appellant that the Bihar Sales Tax Act is invalid on the ground that it is extra-territorial in operation and ultra vires the powers of the State Legislature.
In default, the respondent shall suffer rigorous imprisonment for one month. " 764 Having approached the matter thus, the learned Judges referred to a large number of cases for the admitted proposition of law that a " sincere apology does not entitle a contemner as of right to a remission of the sentence. 2003, who forwarded the matter to the Registrar General vide order dated 18. The provisions of section 6 of the General Clauses Act will, in our opinion, apply to a case of repeal even if there is simultaneous enactment unless a contrary intention can be gathered from the new enactment.
In the result the apology was not accepted and the report concluded with the following observations :- " If in the circumstances of this case the apology were to be accepted, we would be encouraging the notion that it is the contemners's right to get his apology accepted when he chooses and in whatever manner he tenders even in a case where he has aggravated the original offence. 120 has not already been, paid, it shall be paid now. The Chandigarh Advocate
-General does not press for enhancement of sentence passed on the respondent.
Then he proceeded to assess the profits under that Rule precisely in the manner adopted by him in his order dated 14th July, 1945. Consequently it is unnecessary for the High Court to hear the reference made to it by the District Magistrate, Jullundur any further. There is no question of any conflict with the fundamental right guaranteed under article 19(1)(g) of the Constitution Lawyer in Chandigarh
in such cases. He first took the annual adjusted surplus calculated according to the actuarial valuation under Rule 2(b) and after making certain adjustments, adopted it as the figure under Rule 2(a).
2003 and the letters were placed before the Administrative Judge on 7. 13803 and 18038 of 2015, at the instance of Union of India seek to challenge common judgment and order dated 13. Tek Chand who appeared for the two Chandigarh Advocates
whether his clients were even now genuinely sorry for signing the transfer application and whether the expression of regret made in this Court was a genuine expression of their feelings, Dr.
The Constitutional provisions bearing on this question are articles 245(1) and 246(3) which are as follows: 2015 passed by the Armed Forces Tribunal, Kolkata in TA Nos. " When the appeal came back to us, we asked Dr. 425 of 2016, and prayer (c) is as follows:- (c) Issue a Writ, direction or order in the nature of Mandamus commanding and directing the Respondent not to seek copy of contract which the Respondent has sought vide paragraph 4 of press release dated 06.
We will be unsettling established principles, and setting a bad precedent. The citizen has no inherent right in this respect apart from any State sanction. The only right which a member of the public can assert in respect of a highway is the right of passing and repassing over it. He held that there was no element of insurance in the business of the Company, and that the computation should be made under Rule 2(a).
The State in which all public ways vest under the law has the sole right to determine whether it would allow any citizen to carry on a trade or business upon a public highway and if so, to what extent. The result is that the appeal is allowed and the judgment of the High Court set aside. The argument requires careful consideration. The position, therefore is, that the rights of the appellants, as indeed those of the other bus owners, are created entirely by State legislation and by State legislation they could be deprived of the same.
We neither gave the extreme penalty which we might well have given, nor did we give the maximum of the lesser penalty. But for the manner of justification and the contumacy, there might not have been a sentence of fine at all. 2004, the Honble Chief Justice of the High Court referred the matter to the Court concerned dealing with contempt cases and notice was also issued to the appellant.