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If the respondents were agriculturists who had agreed to sell agricultural land to the appellant- company, the transaction was, from their point of view, not a business transaction. It is difficult not to agree to this estimate of probability. Ugale as a provisional diagnosis. the fundamental rights enshrined in Art. These propositions have been repeated so many times during the past few years that they now sound almost platitudinous-.

Datar in his petition to the Chief Minister had stated that Laxmibai was a 472 frank case of tuberculosis of both lungs and an invalid(Ex. Such a transaction without any business element in the same could not constitute a business transaction leave alone business transactions within the meaning of Section 64(1)(c). The Trial Judge does not appear to have given the slightest consideration to this aspect of the matter. In the case at hand, that there was a single transaction whereunder the respondents-sellers had agreed to sell to the appellant-society a parcel of land to the society, for use by the society in terms of the objects for which it is established.

A transfer made after adjudication is not binding on the Receiver. For ought we know that transaction may have been prompted by family necessity, poverty or some such other compulsion. He then saw the appellant arriving there, and Laxmibai presumably left in a rickshaw or a tonga, because there was a stand for these vehicles in the neighbourhood. He saw her standing at the Par in front of her house with a small bag and a small bedding.

675 Jadunath himself has not said anything about the negotiations about Tilak but one Mahabir Ray has said that when he was going to the fields Gajadhar called him and there lie heard Gajadhar demanding a higher Tilak stating that he had recently purchased properties at Majhaul from Mussammat. Jadunath himself does not mention having seen this Mahabir at Gajadhar’s house. In the circumstances of the case in which a difficult question of interpretation arose for decision for the first time, we pass no order as to costs.

The result, therefore, is that the appeal succeeds and is allowed and the award of the Industrial Tribunal is set aside. The scheme of the Act in regard to transfers clearly demonstrates that transfers before the filing of the petition are good unless they are annulled in the manner prescribed in the Act and even the doctrine of relating back of the order of adjudication does not reach them as they fall on the other side of the line. Sections 53 54 and 28 must be reconciled and they can be reconciled without doing violence to the language of the said sections if the order of adjudication is conclusive only in regard to the status of the insolvent it declares and the transfer, though it formed the basis of the adjudication, so far as the transferee is concerned, continues to be good till set aside.

3 gave full right to Euram to realise its loan by realising the pledged securities nPledgor agreed to pledge its assets as collateral security for due repayment of the loan of 59,82,000 USD. The Act provides for three stages: (1) Transfers made before the presentation of the insolvency petition; (2) transfers made after the presentation of the petition and before the order of adjudication; and (3) transfers made after adjudication.

Mahabir has not mentioned the presence of this servant. 51(3)) and a transfer inter vivos in good faith for valuable consideration, 633 A transfer before the filing of the petition is binding on the Receiver unless it is annulled under ss. It may, in that sense, be a transaction that touches the business of the appellant-society but it is common ground that the respondents were not in the business of selling land as a commercial or business activity for it is nobodys case that the respondents were property dealers or had a land bank and were, as a systematic activity, selling land to make money.

History of similar attacks frequently before”. All this evidence was not questioned except to point out-that Dr. A transfer by an insolvent after the filing of the petition is also not binding on the Receiver subject to a protection clause. The learned judges of the High Supreme Court of India thought that there was no reason that Gajadhar would go out of his way to convey the information to Jadunath that he had purchased the Milkiat of Jogeshwari, the defendant No.

53, 54 or 54-A of the Act. Jadunath claims to have gone to his house with a servant. If it was the intention of the legislature that the said order by its own force should declare the transaction void, it would have fixed the date of the transfer as the datum line instead of the date of the filing of the petition. A purchase in good faith under a sale in execution (s. 14 now presents no difficulty; it is, however, in the application of the said principles that difficulties often arise.

In applying the said principles to the different sets of facts presented by different cases emphasis may shift and the approach may not always be identical; but it is inevitable that the final decision about the vires of any impugned provision must depend upon the decision which the Supreme Court of India reaches, having regard to the facts and circumstances of each case, the general scheme of the impugned Act and the nature and effect of the provisions the vires of which are under examination. It appears to me that this was designedly done to give an opportunity to the party affected to defend his title when the Official Receiver filed an application to annul the transfer.

Let us, therefore, first examine the relevant scheme of the Act and ascertain the effect of the provisions under challenge. It also appears that the appellant told him that the lady was liable to hysterical fits, and that was set down by Dr. The question whether a man like Mahabir who was a total stranger to the plaintiff would be called by Gajadhar to hear such talks also requires the serious consideration of the Supreme Court of India. Thus the enunciation of the principles which flow from.

Ugale’s evidence regarding the health of Laxmibai as given by the appellant.

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It uses the word ” establishment ” only. 25E does not contain the 715 expression “industrial establishment”. On the footing that the word ” establishment ” in s. 2 of the Mines Act, 1952, or a plantation as defined in cl. Sub-section (2) relates to a matter not connected with the dispute in respect of which the proceeding is pending. That Explanation states:- ” In this section and in sections 25C, 25D and 25E, “industrial establishment ” means- (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948; or (ii) a mine as defined in clause (j) of section 2 of the Mines Act, 1952; or (iii) a plantation as defined in clause (f ) of section 2 of the Plantations Labour Act, 1951.

3(b) of the Act was meant to strike down abnormal sexual activities, that advertisements in that case merely mentioned the names of the diseases and suggested the drug for the treatment 677 of those diseases, that the prohibition of such adver- tisements was an unreasonable restriction on their fundamental right; that there was nothing indecent in saying that their medicine was a cure for a particular disease and that the Act was an undue interference with cure and treatment of diseases.

This argument is valid, if the assumption is correct. The contention of the respondent is that an industrial establishment may be either a factory as defined in clause (m) of s. 25C and the definition of ” layoff ” in s. The assumption is that there cannot be two jurisdic- tions for two parts of one establishment. Similarly, a settlement or award in respect of the factory will be binding on the workmen of the factory. Section 33, as far as it is relevant for the argument now under consideration, is in two parts.

7% with further entitlement for allotment of development abadi plot to the extent of 10% of the acquired land of those land owners subject to maximum of 2500 sq. Sub-section (1) relates 723 to a matter connected with the dispute in respect of which a proceeding is pending. If, therefore, in the case before us there is a settlement or award in respect of the limestone quarry, it will be binding in the circumstances mentioned in the subsection, on the workmen in that part of the establishment which is the limestone quarry.

25E means an industrial establishment, what then is the effect of the Explanation ? It says so in express terms. ; in the other case, an application for approval of the action taken by the employer has to be made. Land acquisition in respect of remaining 61 villages is concerned, the acquisition was allowed to remain but the additional compensation was increased to 64. 33 in a case like the one before us. The courts should avoid resorting to short cuts.

of the Factories Act, 1948, or a mine as defined in cl. 25E, and on a proper construction it negatives the idea of a factory and a mineforming parts of one establishment. 25E has reference to an industrial establishment. ” The argument is that the Explanation states in clear terms what an industrial establishment means in certain sections of the Act including s. If after hearing the parties, the Court/Tribunal comes to the conclusion that the non-supply of the report would have made no difference to the ultimate findings and the punishment given, the Supreme Court of India/Tribunal should not interfere with the order of punishment.

For workmen in the mine, the authority will be the one appointed by the Central Government; for the factory, the authority will be that appointed by the State Government. Learned counsel for the respondent has suggested that the test has been laid down by the Legislature itself in the Explanation to s. If, however, there is no warrant for the assumption, as we have held there is none, then the argument has no legs to stand upon. In the second category, three villages, namely, Devala (Group 40), village Yusufpur Chak Sahberi (Group 38) and Village Asdullapur (Group 42) the acquisition was set aside.

In one case permission of the authority before which the proceeding is pending has to be obtained for punishing etc. Since it is the Courts/Tribunals which will apply their judicial mind to the question and give their reasons for setting aside or not setting aside the order of punishment, (and not any internal appellate or revisional authority), there would be neither a breach of the principles of natural justice nor a denial of the reasonable opportunity.

2 (kkk) of the Act, as it must be read, the word ” establishment ” in s. This is the same argument as the argument of two jurisdictions in another form. Hence, in all cases where the enquiry officer’s report is not furnished to the delinquent employee in the disciplinary proceedings, the Courts and Tribunals should cause the copy of the report to be furnished to the aggrieved employee if he has not already secured it before coming to the Supreme Court of India/ Tribunal and given the employee an opportunity to show how his or her case was prejudiced because of the non-supply of the report.

The Supreme Court of India/ Tribunal should not mechanically set aside the order of punishment on the ground that the report was not furnished as it regrettably being done at present. We see no difficulty in applying s. We agree, however, that if s.

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To deprive him of that option would be but to effectuate the purpose of the blameable party. If Govindprasad was doing business on a large scale, as the appellant asked us to believe, he must have had account books. The application to contracts such as these of the principle that a man shall not be permitted to take advantage of his own wrong thus necessarily leaves to the blameless party an option whether he will or will not insist on the stipulation that the contract shall be void on the happening of the named event.

Where the Board, the Chairman, the member or the Executive Director (hereinafter referred to as appointing authority) has reasonable ground to believe that” (a) the transactions in securities are being dealt with in a manner detrimental to the investors or the securities market in violation of these regulations The Judgment of the Court was delivered by IMAMJ. The appellant was accordingly directed to file a statement showing the overtime wages to which the several respondents were entitled and orders were passed on each one of the applications directing the appellant to pay the respective amounts to.

In the case of New Zealand Shipping Co. It may well be that the question whether the particular event upon the happening of which the contract is to be void was brought about by the act or omission of either party to it may involve a determination of a question of fact. But once the xerox copies submitted by the appellant were marked as exhibits, it had no means to know that while pronouncing the judgment, the court would keep those documents out of consideration, thus, causing great prejudice to the appellant.

141 The Authority then considered the respondent’s argument that even if he was not a worker under the Factories Act he was neverthless entitled to claim the benefit of s. If we accept the statement of Govindprasad that he had no account books, it shows that he could not have had any extensive business; on the other hand, if we accept the evidence of D. In that event, the appellant would have substituted them by the original registration certificates and that would have been the end of the matter.

Mr Rao submitted that if the trial court was of the view that the xerox copies of the documents in question were not admissible in evidence, it ought to have returned the copies at the time of their submission. -It is against these orders that the appellant has filed the present group of appeals by special leave. When this option is left to the blameless party it is said that the contract is voidable, but that is only another way of saying that the blameable party cannot have the contract made void himself, cannot force the other party to do so, and cannot deprive the latter of his right to do so.

The active prosecution in this section must be deemed to continue so long as the suit is pending in appeal, since the proceedings in the appellate Supreme Court of India are merely continuation of those in the suit. Rao, learned Senior Advocate, appearing for the appellant assailed both, the procedure adopted by the trial Supreme Court of India and the view taken by the Division Bench of the High Supreme Court of India, on the basis of the provisions of Order 41 Rule 27.

1 and Rukhmabai that he had account books, it was not explained why they were not produced. The Authority accepted this contention and held that, even if the respondent was not a worker under the Factories Act, s. 70 of the Act entitled him to claim overtime wages under s. 153 A (1) of the Bombay District Municipal Act, 1901, as adapted and applied to the State of Saurashtra and as amended by Act XI of 1955 (hereinafter referred to as the Act), to show cause in writing within a period of one month from the date of the receipt of the notice why it should not be directed to arrange within a period of nine months from the date of such direction for the discharge of the effluent through a covered pucca drainage and for pumping it over a distance of about 8 miles in the Ran’ area of Cutch near Kuda, as shown in the plan annexed to the notice.

I am not dealing with such a case as that. 59 of the said Act by virtue of s. He relies upon for the first proposition on the decision of this Court in Durga Shankar Mehta v. -The case of the respondent Municipality was that the appellant’s chemical works discharged effluent in very large quantities containing calcium, sodium and other salts through Katcha Channels thereby corrupting potable water of the wells in the surrounding area so as to render it unfit for use and also prejudicially affecting the fertility of the soil in the surrounding area by percolation.

Thakur Raghuraj Singh (1) and for the second on the decision of this Court in Harish Chandra Bajpai v. As has been observed by Lord Atkinson, it is always a question of fact to be determined in each case as to who is guilty of the act or omission to render the contract void or unenforceable. The provision of law which has been relied upon by the appellants is contained in Section 52, TP Act. each one of the respondents. The respondent Municipality accordingly, after having obtained the approval of the Government, issued a notice dated the 14th June, 1956, to the appellant under s.

It was found that the failure to fulfil the contract was not due to any fault on the part of the respondents but was due to a cause beyond their control. Ltd on facts the ultimate conclusion reached unanimously by Their Lordships was that the clause of the contract in that case was a stipulation in favour of both the parties and the situation was not brought about by any of the parties to give rise to avoidance. 59 of the Factories Act.

(emphasis supplied) 103. Of course the parties may expressly or impliedly stipulate that the contract shall be voidable at the option of any party to it. That is why the Authority ordered that the respondents would be entitled for the period 19-5- 1953 to 30-9-1954 to overtime wages at double the ordinary rate for the Sundays on which they worked when they were not given a a holiday on one of the three days immediately preceding or after the said Sunday.

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These orders confirmed the order appointing the appellant NRI Legal Services Assistant Station Director and concluded- “Under the provision contained in the Ministry of Home affairs Office Memorandum No. There was no serious cross-examination of Shri V. The life of the Act thus passed was continued from time to time until the Essential Commodities Act No. The appellant’s case was that after s. Under this clause the Central Government was authorised to direct by a notified order that the power to make orders under cl.

Apart from the fact that the agreement had received the approval of the Government of India in the Ministry of Finance as well as in the Ministry of Commerce and Industry, the income-tax authorities have from year to year allowed the full amount of the service fee paid by the company to the Parent company as an expenditure incurred wholly and exclusively for the purposes of the company’s business. 1996 at about 10:30 A. Dhume that the independent shareholders of the company who had acquired 26% shares of the company about the time when the ” Technical Aid Agreement ” was executed had willingly accepted that agreement.

The provisions of the ]Defence of India Act and the 633 Rules framed thereunder came into force to meet the emergency created by the war; but even after the war came to an end and -hostilities ceased the emergency created by the war continued and the economic problems facing the country needed the assistance of similar emergency provisions. This Ordinance was later followed by the Act (Act XXIV of 1946) which was passed on November 19, 1946.

however this witness has turned hostile. 25F was enacted there was no longer any scope for framing gratuity schemes in addition to the statutory retrenchment compensation for retrenched employees on the grounds (1) that both in S. The Directors of Tourism will scrutinizes the application and will issue temporary and permanent registration adopting the following procedure: All tourism units eligible for the Scheme will apply to the Director of Tourism in a prescribed Form. The preamble to the Act, the definition of essential commodity and the provisions for delegation and sub- delegation which were included in the Ordinance have been re-enacted by the Act.

The Controller, may also, by a general or special order in writing, require any person or, class of persons enumerated above to pay such amount on account of allowances for contribution to any Equalisation Fund, within such period and in such manner as the Controller may direct in this behalf. Dhume regarding these matters by counsel appearing for the workmen and no substantive evidence on these questions was led by the workmen. That Court being of the opinion that there was no misdirection in the Sessions Judge’s charge to the jury dismissed the appeal.

25E of the Act and that the workmen at the factory were not entitled to claim lay-off compensation. (3) that existence of two jurisdictions does not necessarily imply that for all purposes of the Act, and particularly for payment of unemployment compensation, the factory and quarry must be treated as separate establishments ; and, (4) that on the facts of the present case the limestone quarry and the factory constituted one establishment within the meaning of cl.

He appealed against his conviction to the Calcutta High Court. Later, on December 14, 1953, further orders were passed by the same authority (Order No. Likewise every payment and remittance made by the company representing the service fee to the Parent company has been sanctioned by the Reserve Bank of India ever since 1947. 4) confirmed his presence along with Alok Chandana, Vipin Singh Negi, Suyesh Kukreti near the cycle stand on 24. 3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exerciseable by (a) such officer or authority subordinate to the Central Government, or (b) such Provincial Government or such officer or authority subordinate to a Provincial Government, as may be specified in the direction.

Eye witness and prosecution witness Shri Rajneesh Chatwal (P. 54 /136/51NGS, dated the 24th April, 1952, Shri Srinivasan will carry with him the quasi- permanent status of his former post of Public Relations Officer while holding the post of Assistant Station Director. 10 of 1955 was put on the statute book as a permanent measure. The payment of the service fee no doubt represents a binding contractual obligation on the company which can be legally enforced against it and a breach thereof on the part of the company may well lead to the cancellation thereof by the Parent company as a result whereof the company will be deprived of the NRI Legal Services and facilities obtained by it under the agreement and may even be prevented from carrying on its business.

<img src="; style="max-width:450px;float:left;padding:10px 10px NRI Legal Services NRI Legal Services 10px 0px;border:0px;”>The appellant appealed to the High Court for a certificate to appeal to this Court which was refused. The present appeal is by special leave. Two persons Jagdish Gorain and Sudhir Gorain were also tried along with the appellant but were acquitted by the jury whose verdict the Sessions Judge accepted.

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By the Finance Act of 1993, Section 143 (1A)(a) was substituted with retrospective effect from 1. 32 arise out of alleged agreements by which some of the proprietors in the former State of Madhya Pradesh granted to one or other of the petitioners the right to take forest produce, mainly tendu leaves, from the forests included in Zamindari and Malguzari villages of the grantors. There is also a provision enabling the Government to purchase the motor vehicles covered by the permit, if the holder of the permit offers to sell and if the vehicles satisfy the specifications laid down in the Act.

(2) any post-Constitution law contravening those provisions was a nullity from its inception to the extent of such contravention. 124 must apply though the claim for possession may not have been made ,against a person who has taken possession of the office adversely to the plaintiff. The seniority of the Sub-Inspectors of Police (Intelligence) appointed by transfer from among Sub-Inspectors of Police (Civil) or equivalent ranks of this service carrying the same scale of pay shall not be treated as first appointment but shall be determined with reference to the date of his seniority in the Class or Category from which he was transferred.

The question is whether these provisions offer a quid pro quo for the interest of the petitioners in the commercial undertaking i. He also urged alternatively that the trustees should be deemed to have, taken possession of the office adversely to the appellants. That prohibition went to the root and limited the State’s power of legislation and law made in spite of it was a still-born one. 23(5)(a) of the Act than the aggregate amount which would be payable by the firm and the partners individually if the firm were assessed as an unregistered one.

The petitioners state that this is an invasion of their fundamental rights. (1), pre-Constitution Simranjeet Law Associates subsisted except to the extent of its inconsistency with the provisions of Part III whereas under Cl. We have already held that the conduct of the trustees shows that they have not taken possession of the office adversely within the meaning of col. 23(5)(a) should be applied and the firm declared N. Rege, however, argued that in determining the scope of art.

, in respect of commissions or it took the place of commission that would have been earned if the engagement had continued then it is revenue (Wiseburg v. I therefore order under Sec. His contention appears 489 to be that once it is shown that the suit is for possession of an hereditary office, art. 124; and we do not think it is possible, to ignore the provision of col. 23(5)(b) of the 996 Act that the procedure laid down in Sec. 1989 as follows:- “(a) Where as a result of the adjustments made under the first proviso to clause (a) of sub-section (1),- (i) the income declared by any person in the return is increased; or (ii) the loss declared by such person in the return is reduced or is converted into income, the Assessing Officer shall,- (A) in a case where the increase in income under sub-clause (i) of this clause has increased the total income of such person, further increase the amount of tax payable under sub-section (1) by an additional income tax calculated at the rate of twenty per cent on the difference between the tax on the total income so increased and the tax that would have been chargeable had such total income been reduced by the amount of adjustments and specify the additional income tax in the intimation to be sent under sub-clause (i) of clause (a) of sub-section (1); , business in motor transport.

” The firm is an unregistered one but the aggregate amount of tax payable by the partners would be greater by applying the procedure laid down in Sec. 124 we need not consider the provisions of col. 3 to the said article. Where an officer other than the designated officer seeks to make an investigation, he should get order of a Magistrate empowering him to do so before he proceeds to investigate, and it is desirable that the order giving the permission should ordinarily on the face of it disclose the reasons for giving permission.

Act factually passed in spite of the prohibition contained therein, and did not pre-suppose that the law made was not a nullity. Government has disclaimed these agreements and auctioned the rights afresh. The proclamation issued by the Yuvaraj on November 25, 1949, did not vary the constitutional position as it stood after the execution of the Instrument of Accession by the Maharaja nor could it in any way affect the authority conferred on the Yuvaraj by his father.

3 in deciding whether or not art. It is true that in Jalim Singh Srimal v. These petitions under Art. 403 agency was a damage to the recipient’s business structure such as to destroy or materially cripple the whole structure involving serious dislocation of the normal commercial organisation but if it was merely compensation for the loss of trading profit, i. The words “any law” in the second line of 2 Cl. for the assessment year 1940-41 “. Let us examine the question from the standpoint of a business deal.

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35 of the Act in calculating the depreciation on the written down value of the buildings and machinery of the appellant acting suo motu, and that he could correct only those mistakes which had been pointed out by it. 34 which specifically refers to excessive depreciation, and (3) that, in any case, he had exceeded his jurisdiction under s. Aggrieved by the impugned judgment of the High Court, these appeals have been filed by the appellant-Companies, praying this Court to set aside the same contending that the High Court has exceeded its jurisdiction in passing the impugned judgment and order.

We therefore, issue the direction to the State Government represented by its delegatee, the Additional Commissioner of Labour, to make an order of reference to the competent Industrial Tribunal within six weeks from the date of receipt of the copy of this judgment. Judged by this test, it is clear that the concurrent findings of fact of the Commissioner and the CESTAT requires no interference by this Court inasmuch as both authorities have held that a complete plant in an unassembled form has not in fact been imported.

Before adverting to the claims of first respondent and similar claim of appellant ” Mahavir Prasad for appointment to the post held by the appellant ” Khub Ram, it would be appropriate to first examine the merit of appeal preferred by appellant ” Khub Ram. 1989 is clearly a subsequent correction without any authorization by way of counter signature and so is the case with the words and letters ˜June 1987 which have been altered subsequently by converting ˜1986 to ˜1987.

35 of the Act, was not meant for the purpose of making corrections in written down values, the correct provision being s. We find no good reason to take a different view in respect of the finding that the appellant lacked the essential qualification of experience because his experience certificates were only from private bus operators. The definition of the term I business’ in the Act is helpful where it applies, but not being an exhaustive one.

On August 8, 1955, the appellant made an application before the Income-tax Officer for rectification of the order under S. By his order of February 27, 1956, the Income-tax Officer corrected the written down value of the different properties of the appellant and determined the total allowable depreciation to be Rs. The expressions ” religious trust ” and ” trust property ” are defined in the following way :- “Section 2 (1). It was found that notice was given to the appellant of the intended determination of the written down value, though it was not a written notice, and that the matter was discussed with its representative.

Had this been the case, there was no occasion for submission of the certificate dated 05. 35 of the Act, pointing out certain mistakes in calculation in regard to the depreciation amount. I religious trust’ means any express or constructive trust created or existing for any purpose recognised by Hindu Law to be religious, pious or charitable, but shall not include a trust created 568 according to the Sikh religion or purely for the benefit of the Sikh community and a private endowment created for the worship of a family idol in which the public are not interested ; We further direct the Industrial Tribunal to decide the case within six months from the date of receipt of such order of reference after affording an opportunity to both the parties and to pass appropriate award.

Obviously, what is meant is that such plant in its entirety must be imported albeit in an unassembled form. It is also found that even the alleged corrected certificate said to be dated 06. We have carefully looked into the averments made in the writ petition, the reply filed by State and other respondents as well as the judgment of the learned Single Judge as well as the Division Bench. The appellant challenged the order dated February 27, 1956, on the grounds, inter alia, (1) that he was not given a written notice of the intended rectification of the written down value, (2) that the provisions under which the Income-tax Officer acted, i.

Even the opening words of the definition show that it is meant to cover most of the activities designed to produce income or profits or gain. This appears to have been done at the instance of the appellant to justify his stand and apparently a bogus claim that he had obtained a correct certificate on the very next date when he found mistakes in the certificates dated 05. The list of dates also has been subsequently corrected to show the date of experience certificate, Annexure P-2 as 06.

Even after such unauthorized corrections the total experience as per last line of the certificate remains two years. 1989 with his application which issue has been discussed in detail by the learned Single Judge. 1989 contained in Annexure P-2 is an unreliable document inasmuch as the date 06. , it cannot shut out something which can be appropriately described as a business. Had the concerned Bus Service issued a fresh corrected certificate then the experience from June 1987 to June 1988 could not have been certified to be experience for two years.

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He relied in support of this position on various dicta in Ex Parte Drake In re Ware (1), Great Western Railway Co. Copies of the leaflets containing the demands and charges which are said to have been widely distributed are annexures I and 11 to the present petition. And, if anything, the observations above quoted emphasise the contrast between the concept of sale under the NRI Legal Services general law NRI Legal Services and that NRI Legal Services which is embodied in the particular provision of the Stamp Act.

Presumably the Additional Deputy NRI Legal Services Collector had made a report which in NRI Legal Services due course must have been forwarded to the State Government. The Court noticed the argument under s. Further, the arbitration proceedings are to be conducted in accordance with the Uncitral Rules, 1976 (Article 33. It appears that there are two factions in the Municipal Committee. 43 of the Specific Relief Act, but did not express any final opinion, because, in its view, it had already reached the ” conclusion that the proposed parties are persons whose presence before the court is necessary within the meaning of 0.

Thereis no suggestion that the appellants wanted an opportunity to adduce any evidence or were prevented from doing so or that they were in any way hampered in their defence. The Collector, Raipur, personally intervened and persuaded the said Dhurmal Daga to abandon the fast on an assurance that he would look into the matter. (1)That respondent I was the lawful and legally wedded wife of respondent 3, (2) That respondent 2 was the son of respondent 3, (3) That respondents 1 and 2 should be joined as parties to the suit because the question to be adjudicated upon would seriously affect their rights and interest in the estate of respondent 3, (4)That by adding respondents 1 and 2 as parties neither a new cause of action would be introduced nor would the nature of the suit be altered, (5)That the issue to be tried in the suit, after res- pondents I and 2 were added as parties, would still be the same as the case made by the appellant was that respondent 3 was interested in denying the appellant’s marriage to respondent 3-a fact which respondents I and 2 were equally interested in denying.

Dhamtari dated August 24, 1956, the said N. It appears that several persons and firms also preferred charges against the first appellant, the President of the Municipal Committee. Thus, the Permanent Court of Arbitration at The Hague can be approached for the appointment of the arbitrator, in case of default by any of the parties. Dhurmal Daga, on the other hand, alleged that the first appellant was guilty of grave mismanagement of the affairs of the Municipal Committee and went on hunger strike for securing the appointment of a committee to enquire into the misconduct of the first appellant.

The Collector deputed one Shri N. John Hudson it stamps a conveyance upon a sale, which is the instrument by which the property is transferred upon a sale. It is specifically provided that the right to arbitrate disputes and claims under this contract shall survive the termination of this contract (Article 33. The first appellant alleges that one Dhurmal Daga, a member of the committee belonging to the Congress party was on August 7, 1956, deflected importing within the municipal limits certain cloth without paying the octroi duty.

5 should have provided that in default of a party appointing its arbitrator, such arbitrator may, at the request of the first party be appointed by the Chief Justice of India or any person or institution designated by him. This, in our opinion, is a strong indication that applicability of the Arbitration Act, 1996 was excluded by the parties by consensus. Annexures IV and V to the petition are copies of the detailed report on the objections and the reply to the charges made against the Municipal Committee submitted from the office of the Municipal Committee by the first appellant as the President of the Municipal Committee.

Newcastle Breweries Ltd. It is argued that in its wider sense the expression ” sale of goods ” means all transactions resulting in the transfer of title to goods from one person to another, that a, bargain between the parties was not an essential element thereof, and that even involuntary sales, would fall within its connotation. 10 (2), so as to ensure that the dispute should be finally determined once for all in the presence of all the parties interested. Rana called upon the first appellant as tile President of the second appellant to give detailed explanation of each complaint, a list of which was enclosed therewith.

Rana the Additional Deputy Collector to enquire into the complaints of maladministration of the affairs of the Municipal Committee. ” This is a decision on the interpretation of the particular provision of the Stamp Act, and is not relevant in determining the meaning of sale under the general law. A copy of that memorandum along with its 22 enclosures 1444 is annexed to the petition and marked 111. NRI Legal Services The Additional Deputy Collector thereafter held the enquiry.

Commissioners of Inland Revenue (2), The Commissioners of Inland Revenue v. 1, had made provision foradding parties. The High Court states that it had ” gone through the materials on which the State Government based its action on enquiry into the charges levelled against the Municipal Committee and that the records of the enquiry showed thaton some occasions the petitioner was present duringthe enquiry “.

” Against the judgment of the High Court, refusing to set aside the order passed by the learned trial judge, 1118 the plaintiff moved this Court and obtained special leave to appeal.