Against this order, the complainant preferred a revisional application before the High Court of Bombay. Chatterjee has invited our attention to Newstead v. There can be no doubt that if under a complaint filed under s. Now the only manner of avoiding liability provided for in subs. 100(1)(d)(i) of the Act. " That apart from the above mentioned reasons the nomination paper of the respondent was also improperly accepted by the Returning Officer, in-asmuch-as, the respondent having been dismissed from Government Service did not obtain a certificate in the prescribed manner from the Election Commission to the effect that he had not been dismissed for corruption or disloyalty to the State.

That was a case of a claim for compensation by the widow of a member of the crew of a fishing vessel, which was lost with all hands. includes petroleum and natural gas. , the ground 306 covered by s. 33A a tribunal has to deal not only with the question of contravention but also with the merits of the order of dismissal, the position cannot be any different when a reference is made to the tribunal like the present under s. The reason for sustaining the said ground is stated to be that, having been dismissed from Government service, he did not obtain a certificate in the prescribed manner from the Election Commission.

33 of the Act made the dismissal also illegal. Another application was preferred by the complainant before the same Court invoking its inherent power under S. The said section furnished a short answer to the Bank's contention that the appellate tribunal had no jurisdiction to order reinstatement of the 150 workmen. In other words, just as the strike of the employees was illegal so was the order of dismissal passed by the Bank illegal and for a similar reason.

He also did not give any particulars of the onset of unconsciousness in the train. 496 be had no jurisdiction to cancel the bail. A nomination paper may be accepted by the Returning Officer in spite of one or other of the following two defects: (i) the candidate who has been dismissed may have filed the nomination -paper without its being accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed from service for corruption or dis loyalty to the State: vide s.

Lala jairam Das the learned Magistrate, however, dismissed the application on the ground that under s. 2006 under Section 143 (2) of the Income Tax Act to the appellant for the Assessment Year 2005-2006 and asked the appellant to justify its claim for the Section 42 deductions. It says that no insurer to whom the notice of the action has been given shall be entitled to avoid his liability under sub-s. (1) " otherwise than in the manner provided for in sub-section.

In our opinion, therefore, the conduct at the hospital appears significantly enough to suggest that he anticipated that Laxmibai was doomed, and he was intent upon seeing to it that no one but himself should know of her death and that a quiet disposal of her body should take place. Instead of telling the doctor all the circumstances of her health, he told him that the woman was suffering from hysterical fits, which fits, according to the 501 evidence in the case, did not recur after 1948.

] Meanwhile, the Income-Tax Officer, Ward I(3) (hereinafter referred to as the ITO Wd I (3)) issued a notice dated 09. In the result the appeal preferred by the Bank was dismissed; and it was held that there was no substance in the plea of the Bank that the appellate tribunal had no jurisdiction to direct reinstatement of the employees. (2) is by successfully raising any of the defences therein mentioned. , shows that this Court thought it unnecessary to express any opinion on the question of condonation or waiver of the illegal strike because, in its opinion, even if there was no such condonation or waiver and even if it was open to the Bank to rely upon the illegal strike as a valid ground for dismissing its employees, there was no doubt that the order of dismissal was illegal having regard to the provisions of s.

23(b) of the Act made the strike illegal while s. 561 A of the Code of Criminal Procedure. Owners of Steam Trawler Labrador (3). Ex facie this sub-paragraph does not refer to s. Sub-section(6) also indicates clearly how sub-s. To him, it appears to us, it was a matter of utter indifference what treatment was given to her, an attitude which he continued to observe even after his patient had died. " This sub-paragraph in clear and unambiguous terms raises the ground of improper acceptance of the nomination paper by the Returning Officer i.

33(3); and (ii) the candidate has been disqualified for being chosen as a member of Parliament: 33(3) or to the contents of that sub- section. Then, there is the conduct of the appellant in not disclosing to the hospital authorities the entire case history of Laxmibai and the treatment which he had been giving her as her medical attendant. This judgment was pronounced on April 10, 1953. Even the fact that Laxmibai had suffered from diabetes for some years was not mentioned, and this shows that he was intent upon the medical attendants in the hospital treating the case from a scratch and fumbling it, if possible.