Simranjeet Singh Sidhu Advocate - Advocate In Chandigarh Secrets SimranLaw

The next question is whether the Chief Minister by his acts and speeches Advocate Simranjeet Singh Sidhu disqualified himself to act for the State Government in deciding the dispute. In our opinion, it is a true statement about the functions of an industrial tribunal in labour disputes. However, the decision of the Drafting Committee taken in October, 1948 was not incorporated in the Draft Constitution. It is only by such a declaration by the Tribunal that the purchase becomes ineffective.

If that is so, there is an extin- guishment or in any event a modification of the landlord's right in the estate well within the meaning of those words as used in Art. Here also the purchase continues to be effective as from the tiller's day until such default is committed and there is no question of a conditional purchase or sale taking place between the landlord and tenant. 519 day and there is a completed purchase or sale thereof as between the landlord and the tenant. Ambedkar, Chairman of the Drafting Committee.

The title to the land which was vested originally in the landlord passes to the tenant on the tiller's day or the alternative period prescribed in that behalf. Brijnandan Pandey (2 ) also recognised the correctness of the dictum laid down in the above Federal Court decision and SimranLaw observed that there was a distinction between commercial and industrial arbitration, and after referring to the same passage in " Labour Disputes and Collective Bargaining " by Ludwig Teller (Vol. Apart from taking the grounds to which we were referred, the appellant appears to have presented his case before the Appellate Assistant Commissioner precisely on the same lines on which lie pressed it before the Income-tax Officer.

There the Company in the SimranLaw course of its trading activity used to purchase tobacco in America and for that purpose had to acquire American dollars. Granted legislative competence, it is not sufficient to declare merely that the decision of the Court shall not bind for that is tantamount to reversing the decision in exercise of judicial power which the Legislature does not possess or exercise. Ambedkar moved an amendment in the Constituent Assembly on 31st December, 1948 to insert clause (5)a in Article 62 of the Draft Constitution.

The tenant gets a vested interest in the land defeasable only in either of those cases and it cannot therefore be said that the title of landlord to the land is suspended for any period definite or indefinite. The tenant is no doubt given a locus penitentiae and an option of declaring whether he is or is not willing to purchase the land held by him as a tenant. If the tenant commits default in the payment of such price either in lump or by instalments as determined by the Tribunal, s.

If no such declaration is made by the Tribunal the purchase would stand as statutorily effected on the tiller's day and will continue to be operative, the only obligation on the tenant then being the payment of price in the mode determined by the Tribunal. Lord Greene said at p. This title is defeasable only in the event of the tenant failing to appear or making a statement that he is not willing to purchase the land or committing default in payment of the price thereof as determined by the Tribunal.

Kelly(1) mentioned in the Shell Company case (2) and set out below. It so happened that after it had acquired a certain amount of dollars for making the purchases, it was prevented from buying tobacco in America by Government orders passed due to outbreak of war. It is also to be noted SimranLaw that the appellant who had obtained a return of the proceedings book from the Income-tax Officer did not file it before the Appellate Assistant Commissioner, nor did he move for its admission in evidence.

But the order of the Appellate Assistant Commissioner does not deal with this matter either, and it is inconceivable that he would have failed to consider it if it had been pressed before him. 122, an interpretation moreover which is based not on the words used therein but on certain abstract and somewhat illusory ideas of what learned counsel for the appellant has characterised as the democratic process. In view of these provisions, we cannot accept an interpretation of Art.

The amendment proposed by Dr. Article 122 (1) of the Constitution says that the validity of any proceedings in Parliament shall not be called in question on the ground of any alleged 615 irregularity of procedure. In the affidavit filed by Nageswara Rao, one of the appellants herein, in respect of the writ petitions filed in the High Court, he states in ground (8) of paragraph (14) thus: Where one is dealing with an arbitration agreement of the second kind, s.

32M declares the purchase to be ineffective but in that event the land shall then be at the disposal of the Collector to be disposed of by him in the manner provided therein. A courts decision must always bind unless the conditions on which it is based are so fundamentally altered that the decision could not have been given in the altered circumstances. While the dollars lay with the Company, they appreciated in value and later the Treasury acquired the dollars and paid the Company for them in sterling at the then current rate of Simranjeet Law Associates exchange, as a result of which payment the Company made a profit.

3 which may nullify the effect of Art. 536 that industrial arbitration may involve the extension of an existing agreement or the making Of a new one, or in general the creation of new obligation or modification of old ones, while commercial, arbitration generally concerns itself with interpretation of existing obligations and disputes relating to existing agreements. " This Court in Rohtas Industries Ltd. 33 is concerned only with the term relating to arbitration in the contract and not with the other terms of the contract which do not arise for consideration on an application under that section.

It is argued that in the appeal against the order of the Income-tax Officer the ground was definitely taken that the proceedings book had been produced before him, and that it was also prominently mentioned in a petition supported by affidavit filed by the appellant. If he fails to appear or makes a statement that he is not willing to purchase the land, the Tribunal shall by an order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective.

In view of these facts, we are unable to hold that in refusing to admit the proceedings book as evidence in the appeal, the Appellate Tribunal acted perversely or unreasonably. It was hold that the profit was a trading receipt of the Company. We might also refer to the observationsmade in Imperial Tobacco Co.