LexLords NRI Legal Services Chandigarh India By NRI Legal Services LexLords
"As from the date specified in the notification under sub- section (1) of Section 3, no suit or other NRI legal services proceeding shall be instituted or commenced or, if pending, shall be proceeded with against the industrial undertaking during the period in which it remains a relief undertaking any law, usage, custom, contract, instrument, decree, order, award, settlement or other provisions whatsoever notwithstanding. 13 lakhs to State Bank of India.
It seems to me that under the election law, the only signifi- cance which the rejection of 229 a nomination paper has consists in the fact that it can be used as a ground to call the election in question. Branch at Bhilai as per the settled practice assumed that the cheques have been cleared and released the payment to Tanishk Securities, by endorsing payment in the name of State Bank of India. Laxman Parsad Ratre has also been named as an accused in the said FIR. Arti- cle 329(b)was apparently enacted to prescribe the manner in which and the stage at which this ground, and other grounds which may be raised under the law to call the election in question could be urged.
Further, the respondent herself had introduced Laxman Parsad Ratre for opening an account in the appellant-Bank. The FIR has been registered for offence of possible loss of Rs. That was revealed only on 28. I think it follows by necessary implication from the language of this provision that those grounds cannot be urged in any other manner, at any other stage and before any other court. Branch dispatched those cheques to State Bank of India at Durg, Bhilai. This Court referred in detail to the aforesaid Federal Court decision, and further went on to hold that Section 5 would include execution petitions that were filed to execute decrees under the Code of Civil Procedure.
In the same way, the laws of liberty, of freedom and of protection under the Constitu- tion will also slowly assume recognisable shape as decision is added to decision. The cheques were returned by that Branch. Nevertheless, a FIR was lodged in connection with the said irregularities and misdeeds committed by the respondent bearing FIR No. Much of the existing Hindu law has grown up in that way from instance to in- stance, the threads being gathered now from the rishis, now from custom, now from tradition.
1043/2006, for offences punishable under Sections 409, 34 of the IPC by appellant-Bank. 6,50,000/-, knowing that he did not have balance in his account. We need not note the cornucopia of case law available on the subject because aforesaid NRI legal services position clearly emerges from the various decisions and this NRI legal services [why not find out more] position was conceded by the counsel for the parties. 2006 during reconciliation of accounts of the two Banks. Those cheques were deposited by Tanishk Securities in their U.
It is alleged in the FIR that Laxman Parsad Ratre who had account in State Bank of India issued two cheques in favour of Tanishk Securities both valued Rs. In my opinion, to affirm such a position would be contrary to the scheme of Part XV of the Constitution and the Representation of the People Act, which, as I shall point out later, seems to be that any matter which has the effect of vitiating an election should be brought up only at the appropriate stage in an appropri- ate manner before a special tribunal and should not be brought up at an intermediate stage before any court.
Thereby causing a loss of Rs. Suspension of suits or other NRI legal services proceedings against relief undertakings. She has admitted her lapse in the communication sent by her to the Chief Manager of the appellant-Bank dated 8th November, 2006. If the grounds on which an election can be called in question could be raised at an earlier stage and errors, if any, are rectified, there will be no meaning in enacting a provision like article 329 (b) and in setting up a special tribunal.
They cannot, in my judgment, be enunciated in static form by hidebound rules and arbitrarily applied standards or tests. But though they did not purport to make the law and merely applied 363 what according to them, had always been the law handed down by custom and tradition, they nevertheless had to draw for their material on a nebulous mass of undefined rules which, though they existed in fact and left a vague awareness in man's minds, nevertheless were neither clearly definable, nor even necessarily identifiable, until crystallised into concrete existence by a judicial decision; nor indeed is it necessary to travel as far afield.
Any other meaning ascribed to the words used in the article would lead to anomalies, which the Constitution could not have contemplat- ed, one of them being that conflicting views may be ex- pressed by the High Court at the pre-polling stage and by the election tribunal, which is to be an independent body, at the stage when the matter is brought up before it. In a written admission given on 6th November, 2006 Laxman Parsad Ratre mentioned that he was involved in a criminal activity in connivance with the respondent.
The respondent was posted in that Branch at the relevant time, who in connivance with the co-accused dispatched those cheques to State Bank of India, Malviya Nagar Branch even though Laxman Parsad Ratre did not have account in that Branch. The question now arises whether the law of elections in this country contemplates that there should be two attacks on matters connected with election proceedings, one while they are going on by invoking the extraordinary jurisdiction of the High Court under article 226 of the Constitution (the ordinary jurisdiction of the courts having been expressly excluded), and another after they have been completed by means of an election petition.
In any case, we shall refer to few judgments containing this dicta, a little later. Similarly, in Purbanchal Cables unless the legislation is for purpose of supplying an obvious omission in a former legislation or to explain a former legislation. Branch Bhilai for clearance. The respondent intentionally did not immediately return those cheques to U.
