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Here again the emphasis was on the adequacy of the representation rather than on the freedom of choice of the accused person as to the identity of counsel by whom he should be represented. 167(81) of the Sea Customs Act. 25 of the Indian Evidence Act (No. The most significant observation in these passages is that the accused person does not have the right to decide „best legal service in Chandigarh what manner his defence should be assured“. In other top law firms in Chandigarh words, the criterion is similar to that which is best legal service in Chandigarh applicable to circumstantial evidence in criminal cases.

The right is to be represented by sufficiently experienced counsel of one’s choice but the role to be played by that counsel cannot be dictated by the defendant. This is because the gravamen of the right guaranteed by article 6. Power conferred upon the Government under s. 37 is challenged on the ground that it amounts to delegation of legislative power when the Central Government is authorised to remove doubt or difficulty which had arisen in giving effect to the provisions of the Act.

The two questions were : (1) whether the view taken by the High Court differing from the view taken by the Calcutta High Court in Sitaram Agarwal’s case(1) with respect to the interpretation of s. The principal issue in the appeal is whether that manoeuvre has succeeded in achieving its purpose, or whether the presence of the earlier offences on the indictment means that all the offences properly fall within the scope of earlier confiscation legislation.

, had observed as follows „Now it is well-settled that where fraud is to be inferred from the circumstances, and is not directly proved, those circumstances must be such as to exclude any other reasonable possibility. Henley’s Telegraphs Works Co. The learned counsel has not been able to cite any other authority to show that there is any such well- settled proposition, as stated by Meredith, J. Gorakhpur Electric Supply Co.

In consequence, the acquittal of the appellant was set aside and the order of conviction and sentence passed by the Magistrate was restored. The High Court then ,considered the evidence and relying on the statement made by the appellant to the Deputy Superintendent of Customs and Excise and also on the other evidence produced in the case held that the appellant was guilty. 167(81) was correct, and (ii) whether the statement made by the appellant to the Deputy Superintendent of Customs and Excise was admissible in evidence in view of s.

Aggarwala, relying on Raja Singh v. But in this case the statutory notice issued by the respondent did not violate any of the requirements of the Section. These are the two questions which have been argued before us on behalf ,of the appellant in the present appeal. Thus, in the present case, Mr Maguire was entitled to ask that Mr Barlow represent him but he was not entitled to insist upon the status that should be conferred on Mr Barlow in his conduct of the defence.

As we have said before, the fact that the party is alleged to -have accepted bribe in a civil case does not convert it into a criminal case, and the ordinary rules applicable to civil cases apply. 3(c) right can thus be contrasted with, for instance, the rights under article 8 of ECHR which can be characterised as intensely personal and intimately connected to the wishes of the individual on whose behalf they are asserted. We, therefore, reject this contention.

The appellant then applied to -the High Court for a certificate to appeal to this Court, and as two questions of law firms of general importance arose in this case, the High Court granted the certificate. The explanation for this apparent generosity on the part of the prosecutor lies in the transitional provisions governing POCA’s entry into force in Northern Ireland. 3(c) lies in its conducing to a fair trial, rather than its championing of the freedom of the individual defendant to choose the top lawyer in Chandigarh by whom he should be represented.

We may clarify that these remarks only deal with recruitment rules. Nambiar had at one stage contended that rules existing in the constituent parts of the new State of Mysore would be available for recruitment as they had been continued under the States Reorganisation Act, but it seems to us that these rules would not be available for recruitment purposes because the Government would be recruiting Assistant Engineers for the whole State and not for each of the constituent parts of the State.

Jajodia Cotton Mills, Ltd. It was thought that, by leaving out of account the offences committed before POCA came into force, the remaining offences could then be brought within POCA’s ambit. -In this sub-section, (a) base Year“ means- (i) in a case where immediately before the 29th May, 1965, Any dispute of the nature specified in section 33 was pending before the best Chandigarh advocate appropriate Government or before any. Chaichoo Singh(1) further urges that in case of circumstantial evidence the circumstances must be such -so as to exclude any other reasonable possibility and he says that if this principle is applied to this case top legal services in Chandigarh the finding of bribery must be reversed as the facts are equally consistent with the plaintiff having acted honestly.

“ We are unable to agree with these observations.