The NRI Legal Services Diaries By SimranLaw USA

Instead of telling the doctor all the circumstances of her health, he told him that the woman was suffering from hysterical fits, which fits, according to the 501 evidence in the case, did not recur after 1948. The scheme of this sub-section is clear. It is in respect of each one of these decisions that a suit is contemplated by s. On the concept of ˜catch-up rule and consequential seniority, this Court held as under:- 79.

5 (2) can be applied to their suit it must be shown that the suit is filed either by a mutawalli of a waqf or any person interested in the waqf. How can the appellants who claim a declaration and injunction against respondent I on these allegations be said to be persons interested in the waqf, asks Mr. He also did not give any particulars of the onset of unconsciousness in the train. Similarly if the decision is that the waqf is Shia and not Sunni, a Sunni Central Board may have occasion to bring a suit and vice versa.

In our opinion, therefore, the NRI Legal Services conduct at the hospital appears significantly enough to suggest that he anticipated that Laxmibai was doomed, and he was intent upon seeing to it that no one but himself should know of her death and that a quiet disposal of her body should take place. To him, it appears to us, it was a matter of utter indifference what treatment was given to her, an attitude which he continued to observe even after his patient had died. It cannot be said that by insertion of the concept of consequential seniority the structure of Article 16(1) stands destroyed or abrogated.

It assumes that the property is a waqf, that it is either a Sunni or a Shia waqf, and that it is not a waqf which falls within the exceptions mentioned in s. The appellants are neither the mutawallis of the waqf nor are they persons interested in the waqf. Reading the above judgments, we are of the view that the concept of catch-up rule and consequential seniority are judicially evolved concepts to control the extent of reservation.

Union of India And Ors. The 1298 argument thus presented appears prima facie to be attractive and plausible; but on a close examination of s. In terms of Rule 12, the disability sustained during the course of an accident which occurs when the personnel of the armed forces is not strictly on duty may also be attributable to service on fulfilling of certain conditions enumerated therein. The decision that a property does not fall within the exceptions mentioned by s. Entitlement Rules for the Casualty Pensionary Awards 1982 NRI Legal Services are beneficial in nature and ought to be liberally construed.

2, the Central Board may have occasion to bring a suit. It cannot be said that equality code under Articles 14, 15 and 16 is violated by deletion of the catch-up rule. Constitutional validity of Clauses (4A) and (4B) of Article 16 of the Constitution was challenged in M. 5 (2) it would appear clear that the words " any person interested in a waqf " cannot be construed in their strict literal meaning. Therefore, in our view neither the catch-up rule nor the concept of consequential seniority is implicit in clauses (1) and (4) of Article 16 as correctly held in Virpal Singh Chauhan, (1995) 6 SCC 684.

The source of these concepts is in service jurisprudence. These concepts cannot be elevated to the status of an axiom like secularism, constitutional sovereignty, etc. The word ' waqf ' as used in this subsection must be given the meaning attached to it by the definition in s. However, such practices cannot be elevated to the status of a constitutional principle so as to be beyond the amending power of Parliament. Even the fact that Laxmibai had suffered from diabetes for some years was not mentioned, and this shows that he was intent upon the medical attendants in the hospital treating the case from a scratch and fumbling it, if possible.

Then, there is the conduct of the appellant in not disclosing to the hospital authorities the entire case history of Laxmibai and the treatment which he had been giving her as her medical attendant. When the Central Board assumes jurisdiction over any waqf tinder the Act it proceeds to do so on the decision of three points by the Commissioner of Waqfs. The appellants' argument is that before s. Likewise the decision that the property NRI Legal Services is a waqf may be challenged by a person who disputes the correctness of the said decision.

But there has to be a reasonable causal connection between the injuries resulting in disability and the military service. Their case is that the properties in suit do not constitute a waqf under the Act but are held by them as proprietors, and NRI Legal Services that the notification issued by respondent I and NRI Legal Services the authority purported to be exercised by it in respect of the said properties are wholly void. The question that came up for consideration was whether by NRI Legal Services virtue of impugned constitutional amendments, the power of Parliament was so enlarged as to obliterate any or all of the constitutional limitations and requirements upholding the validity of the said Articles with certain riders.

3 (1) of the Act and since the appellants totally deny the existence of such a waqf they cannot be said to be interested in the ' waqf '. These concepts are based on practices. Principles of service jurisprudence are different from constitutional limitations. If the said words are given their strict literal meaning, suits for a declaration that any transaction held by the Commissioner to be a waqf is not a waqf can never be filed by a mutawalli of a waqf or a person interested in a waqf.

If the decision is that the property is not a NRI Legal Services waqf or that it is a waqf falling within the exceptions mentioned by s.