Here the image is intact. In absence of a conscious intervention of the parties to the lease, either to convert it into one for tenancy in respect of such plantation ad idem or to extend it thereto, an automatic transformation of the lease not for plantation cannot stand converted into one for plantation. Merchant is the prevention of self-medication and self- treatment and a curb on such advertisements is a means to achieve that end.

Strictly speaking, such a finding was not necessary in a case of this character, and other matters concerning rights of individuals should not have been gone into in a suit filed under s. 799 be removed permanently only in case of unavoidable necessity, such as where the current of a river carries away the image. He set up a case of private ownership with all rights centred in himself, and defendants 1 to 4 therefore not only raised the plea that the appellant was a mere manager but also asserted their rights in the property.

We think that the Courts below might have refrained from pronouncing upon the rights of the defendants, because all that they had to do was to decide whether the property was trust of a public nature. An enquiry has to be made regarding his conduct and this may be done either in accordance with the provisions of the Public Servants (Inquiries) Act of 1850, or in a less formal and less public manner as is provided for in the rule itself (1) [1954] INSC 34; [1954] S.

It is only the temple that is dilapidated. The result is that the declaration which the appellant sought in his suit that the temple, the deity and plaint properties were all of private ownership, was rightly refused by the Courts below. 1918 proclaims in no uncertain terms that the transaction evidenced thereby was by no means a tenancy advocates in Supreme Cour of Indiat respect of plantation, the same with efflux of time, in our estimate cannot transfigure into the same merely because a plantation has been raised on the leasehold land in between by the lessee who had been left at its discretion to grow the same.

The trial Judge gave a declaration that defendants 1 to 4 are en titled to custom ary worship and maintenance. In this Supreme Court of India Advocates in many cases affidavits were allowed to be given to show the reasons for the enactment of a law, the circumstances in which it was conceived and the evils it was to cure. No such order shall be passed unless the person concerned has been informed, in writing, of the grounds on which it is proposed to take action against him and has been afforded an adequate opportunity of defending himself.

2005, balconies should be removed though these were permitted earlier? As a transaction of this kind involving immovable property is essentially governed by the terms and conditions concurred upon by the parties thereto, no unilateral alteration or modification thereof, unless agreed to by both, in categorical terms, ought to be permitted to be pleaded or enforced by anyone of them to the disadvantage of the other. Objection was taken that the preamble in the Act does not indicate the object to be the prevention of treatment of diseases otherwise than by qualified medical practitioners as the English Venereal Diseases Act 1917 does.

In the instances cited by the appellant, worshippers had consented to the removal. For repairing it, the image need not necessarily be removed. Can it be said that in order to avail the benefit in the assessment years after 1. As the lease deed dated 21. Even if it may be necessary to remove the image, that will be only temporarily. Similarly, in Kathi Raning v. The State of Saurashtra (2 ) and in Kavalap- para Kottarathil Kochunni v. We, however, do not wish to give any direction in the matter, because the suit, as a whole, as laid by the plaintiff has been dismissed, and to make any observations might lead to further litigation, which is not in the interests of the deity.

We, thus, find that the only way to resolve the issue would be to hold that clause (d) is to be treated as inextricably linked with the approval and construction of the housing project and an assessee cannot be called upon to comply with the said condition when it was not Advocates in Supreme Court of India contemplation either of the assessee or even the Legislature, when the housing project was accorded approval by the local authorities. This was done in the case of Shri Ram Krishna Dalmia v.

Holding so would lead to absurd results as one cannot expect an assessee to comply with a condition that was not a part of the statute when the housing project was approved. The State of Madras (3) affidavits were allowed to be filed setting out in detail the circumstances which led to the passing of the respective enactments. The appellant is partly to blame. The manager has under Hindu law no power to effect permanent removal of an image in the teeth of opposition from a large number of the worshippers.

"Rule 55, which finds a place in the same chapter, lays down the procedure to be followed before passing an order of dismissal, removal or reduction in rank against any member of the service.