A Simple Key For NRI Legal Services Unveiled By SimranLaw Vancouver

But the moot question remains to be answered whether the bar of limitation is required to be respected by the Commission on the ground that there is no provision in the Electricity Act conferring additional rights upon a party moving the Commission for relief so as to claim even such reliefs which stand barred by limitation before the Civil Court or even for arbitral proceedings. Section 3(2) of the 1992 Act uses prohibition, restriction and regulation. It is apt to note here that the respondent had filed series of writ petitions, namely, W.

The High Court directed the Principal Secretary, PWD to consider and pass orders on his representation. Governor of Himachal Pradesh vs. ˜2(4) This Part except sub-section (1) of Section 40, Sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except insofar as the provisions of this Part are inconsistent with that other enactment or with any rules made thereunder.

Section 51 of the 1962 Act also speaks of prohibition. 5690 of 2013 and the High Court vide order dated 08. He also submitted that the above approach of this Court for harmonious construction finds support from the following ratio laid down by this Court in Bhatnagars The terms, however, indisputably would be construed having regard to the text and context in which they have been used. 5690 of 2013, directed the Secretary, PWD to pass appropriate orders in accordance with law.

The words arrears NRI Legal Services of rent payable were given a limited meaning by holding thus: On the basis of powers and functions of the Commission highlighted above and on account of law declared in Gujarat Urja (supra) as well as in Tamil Nadu Generation (1976) 3 SCC 407 wherein this Court had similarly interpreted Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958. 3 In light of the fact that the 1981 acquisition proceedings had not been withdrawn by the Respondent State and the incontrovertible position that the Appellant had not challenged those proceedings, the Impugned Order held that the possession of the land as well as the title thereof vested in the Respondent State, notwithstanding the avowedly delayed publication of the Award.

Eventually, as has been stated earlier, the contract was terminated. It may be noted here that the matter in M. Contrariwise when there is no such correlation, the levy, despite its nomenclature is in fact a tax. Thus, in terms of the 1992 Act as also the policy and the procedure laid down thereunder, the terms are required to be applied in different situations where for different orders have to be made or different provisions in the same order are required therefore.

It has already been noted that the claim for NRI Legal Services (navigate to this web-site) reimbursement of MAT for the period 2001-2005 was rejected by the Commission on the ground of limitation and after impugned order by APTEL reversing such order, that claim stands remitted to the Commission for passing a consequential order. However, this judgment does help the respondents to an extent by holding that principles underlying Section 14 of the Limitation Act will be applicable even in matters filed before a quasi- judicial tribunal such as the Commission.

Sundaram placed reliance upon judgment in the case of M. The impugned judgment exhibits more than one ground to assail the demand of cess but before us the appellants have given up the other grounds and have confined their challenge on the ground that the Assistant Labour Commissioner (ALC) in his letter to the Chief Engineer of the concerned project at Jabalpur had communicated that cess is to be recovered w. As the factual matrix would further unfurl, the respondent submitted a representation to the Government and thereafter filed W.

They are, thus, meant to be applied differently. (i) open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or (ii) increase its admission capacity in any course of study or training (including a postgraduate course of study or training), except with the previous permission of the Central Government obtained in accordance with the provisions of this section.

Reliance was placed upon Lt. Liberty Cinema the licence fee charged under Section 548 of the Calcutta Municipal Act, 1951 had been challenged on the ground that no service was NRI Legal Services (these details) rendered commensurate with the tax. Steel Corporation (supra) had arisen from proceedings under the Customs Act and hence in that case there was no occasion to consider the issue whether the Limitation Act is applicable to an action initiated before the Commission by virtue of provisions of the Electricity Act, 2003.

Steel Corporation (supra) to support his submission that Limitation Act applies only to courts stricto-sensu and not to quasi-judicial tribunals. The other ancillary issue required to be answered is whether by virtue of provisions of the Electricity Act 2003 the Limitation Act has been made applicable to an action before the Commission by express provision or even by necessary intendment.