Difference between revisions of "NRI Legal Services - An Overview"

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(Created page with "If the law permits the workmen to ventilate their grievances at a later stage under section 33-A of the 1947 Act and section 23 of the 1950 Act there can be no logical reason...")
 
 
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If the law permits the workmen to ventilate their grievances at a later stage under section 33-A of the 1947 Act and section 23 of the 1950 Act there can be no logical reason why the law should not permit them to do so at the earlier stage under section 33 of the 1947 Act and section 22 of the 1950 Act. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell.<br><br>Reliance is placed on the decision in The Queen v. So far as  Advocates, [http://lexlords.in/legal-and-beneficial-ownership/ click here], the first point is concerned an "evacuee" is defined as follows in the Bihar Administration of Evacuee Property Ordinance, 1949: (3) The Bihar Administration of Evacuee Property Ordinance, 1949, is not applicable to wakf property and to the beneficial interest of the applicants therein. It is also clear that under section 33-A of the 1947 Act the authority is to adjudicate upon the complaint "as if it were a dispute referred to or pending before it" and under section 23 of the 1950 Act the authority is to decide the complaint "as if it were an appeal pending before it".<br><br>We are unable to accept this contention as correct for reasons which we  Advocates ([http://fazilkapolice.org.in web]) now proceed to state. On the basis of these admitted facts the Trial Court erroneously held that the receipt-cum-agreement is an enforceable contract and on that finding decreed the suit which was affirmed by the High Court. This clearly indicates that the authority to whom the complaint is made is to decide both the issues, namely (1) the fact of contravention and (2) the merits of the act or order of the employer.<br><br>In the present case, the corporate entity has been used to conceal the real transaction of transfer of mining lease to a third party for consideration without statutory consent by terming it as two separate transactions the first of transforming a partnership into a company and the second of sale of entire shareholding to another company. These provisions quite clearly indicate that the jurisdiction of the authority is not only to decide whether there has been a failure on the part of the employer to obtain the permission of the authority before taking action but also to go into the merits of the complaint and grant appropriate reliefs.<br><br>It is thus clear that the doctrine of lifting the veil can be invoked if the public interest so requires or if there is allegation of violation of law by using the device of a corporate entity. County Council of West Riding of Yorkshire(1). it is submitted by learned counsel for the Respondents and of the intervener that the scope of section 33 of the 1947 Act and of section 22 of the 1950 Act is precisely the same as that of section 33-A of the 1947 Act and section 23 of the 1950 Act.<br><br>The argument is that the authority concerned may under section 33 of the 1947 Act and section 22 of the 1950 Act grant by way of imposing conditions the same relief which it can grant  Advocates ([http://slachd.com/practice-areas/fathers-rights/ click here]) to the workmen under section 33-A of the 1947 Act and section 23 of the 1950 Act. It is submitted that the purpose of labour legislation being to maintain industrial peace and restore amity and goodwill between the employer and his workmen, it should be the attempt of the Tribunal or the Appellate Tribunal at every stage to try to resolve all disputes which are connected with the matter which is brought before it.<br><br>Finally, it  Advocates ([http://lexlord.com click here]) is urged that whenever an authority is vested with the power to do or not to do an act it must be regarded as having a discretion and 161 1256 that in exercise of such discretion the authority must be presumed to be vested with power to impose suitable conditions. It being undisputed that these three remained in India throughout, it is contended that the property at the date of the notification was the property of these three sons and not of Kumar Rani and that, therefore, the Bihar Administration of Evacuee Property Ordinance, 1949, has no application to the facts.<br><br>This complaint is required to be made in the prescribed manner. The argument is that the two last mentioned sections were enacted only in order to afford an opportunity to the workmen to do what they had been prevented from doing at the earlier stage by reason of the employer taking the law into his own hands and taking action against them without previously obtaining the sanction of the appropriate authority to do so. The real transaction is sale of mining lease which is not legally permitted.<br><br>Form DD prescribed by rule 51-A of the Industrial 1253 Disputes (Central) Rules, 1947, framed under section 38 of the 1947 Act, like Form E prescribed under section 35 of the 1950 Act, requires the complaining workmen to show in their petition of complaint not only the manner in which the alleged contravention has taken place but also the grounds on which the order or the act of the management is challenged. Thus, the doctrine of lifting the veil has to be applied to give effect to law which is sought to be circumvented.
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In the Hindu Pantheon the first goods that were worshipped in Vedic times were mainly Indra, Varuna, Vayu and Agni. Julfikar who was driving the vehicle. , apart from recounting their difficulties and the services they had done to the estate by advancing the loan, also stated that as the area covered by the license was very extensive consisting of about 415 sq. It is not even the case of the complainant that there was such endorsement and Ram Narain was allowed to ply transport vehicle.<br><br>The amount so awarded by the trial court under various heads is based on evidence and material on record. Indeed, there are certain sections of the Hindu community which do not believe in the worship of idols; and as regards those sections of the Hindu community which believe in the worship of idols their idols differ from community to community and it cannot  Advocates ([http://lawyerchandigarh.com/how-non-resident-indian-can-end-his-criminal-case/ active]) be said that one definite idol or a definite number of idols are worshipped by all the Hindu in general.<br><br>,  Advocates; [http://lexlords.in/forfeiture-of-lease/ active], the amount payable in respect of:- (i) extra earth work; (ii) embankment work; (iii) extra soiling work; (iv) extra bed concrete work and (v) extra stone masonry work. So far as  Advocates ([http://lexlords.in/disputes-between-co-sharers/ active]) the claim of the appellant that it suffered loss due to loss of stock of material, PWs 1 and 3 have stated that they have stocked the material of worth about rupees six lakhs at the work site. P18 to P28) to substantiate their claim that the building material like bricks, size stones and other materials were stocked at the work site.<br><br>Section 3, therefore, required the driver to have an endorsement which would entitle him to ply such vehicle. The correspondence makes it abundantly clear that the Court of Wards was considering at all stages and in all its aspects the benefit of the estate as to whether there should be at all an extension, and if so, for what period and on what terms. Later, Brahma, Vishnu and Mahesh came to be worshipped. (ix) The Claims Tribunal constituted under Section 165 read with Section 168 is empowered to adjudicate all claims in respect of the accidents involving death or of bodily injury or damage to property of third party arising in use of motor vehicle.<br><br>The decision rendered on the claims and disputes inter se between the insurer and insured in the course of adjudication of claim for compensation by the claimants and the award made thereon is enforceable and executable in the same manner as provided in Section 174 of the Act for enforcement and execution of the award in favour of the claimants. We also find that the District Forum considered the question in its proper perspective and held that the vehicle driven by Ram Narain was covered by the category of transport vehicle under Clause (47) of Section 2 of the Act.<br><br>" ("Religious Thought and the answer to this question again has to be in the negative. Apart from these letters, the appellant has also produced photographs (Exs. P5, P6 and P7) by which the appellant has informed the respondent that there was no progress in the work and that the building material are lying waste. The said power of the Tribunal is not restricted to decide the claims inter se between the claimant or claimants on one side and the insured, insurer and driver on the other.<br><br>The appellant also produced several letters (Exs. In the course of adjudicating the claim for compensation and to decide the availability of defence or defences to the insurer, the Tribunal has necessarily the power and jurisdiction to decide disputes inter se between the insurer and the insured. In their application dated 3-8-1915, Messrs Bird and Co. We find considerable force in the submission of the learned counsel for the Insurance Company.<br><br>miles, it would require a much larger period of time than that fixed in the 1915 document to survey the area and work the mines in full, that if the license was to expire in 1921, Advocates ([https://lexlords.com/can-nri-file-divorce-case-without-coming-india/ total stranger]) they would have to work the best and the most profitable mines, leaving the other areas to be exploited under fresh licenses, and the return to the estate from them must be poor by reason of the unprofitable and un- economic character of the mines which had been left unopened, and that it was accordingly in the interests of the estate to have long term licenses on the same rates.<br><br>There would have been considerable force in this contention, if the facts had been as stated by the respondent; but they, however, were not so. As noticed earlier, based on the evidence of PWs 1 and 3 and other documents, the trial court has awarded amount on various other heads viz. On the contrary, the case of the complainant was that it was Mohd. In course of time, Rama and Krishna secured a place of pride in the Hindu Pantheon, and gradually as different philosophic concepts held sway in different sects and in different sections of the Hindu community, a large number of gods were added, with the result that today, the Hindu Pantheon presents the spectacle of a very large number of gods who are worshipped by different sections of the Hindus.<br><br>It has first borne with and then, so to speak, swallowed, digested, and assimilated something from all creeds. Even though the appellant has claimed rupees six lakhs on account of loss of the material stocked, as the appellant had not produced any bill relating to purchase of material nor produced authentic trip sheet, the trial court rightly awarded rupees one lakh only on account of loss of building material. It has ever aimed at accommodating itself  Advocates ([https://lexlords.com/problems-in-nri-marriages/ active]) to circumstances, and has carried on the process of adaptation through more than three thousand years.

Latest revision as of 20:54, 25 October 2018

In the Hindu Pantheon the first goods that were worshipped in Vedic times were mainly Indra, Varuna, Vayu and Agni. Julfikar who was driving the vehicle. , apart from recounting their difficulties and the services they had done to the estate by advancing the loan, also stated that as the area covered by the license was very extensive consisting of about 415 sq. It is not even the case of the complainant that there was such endorsement and Ram Narain was allowed to ply transport vehicle.

The amount so awarded by the trial court under various heads is based on evidence and material on record. Indeed, there are certain sections of the Hindu community which do not believe in the worship of idols; and as regards those sections of the Hindu community which believe in the worship of idols their idols differ from community to community and it cannot Advocates (active) be said that one definite idol or a definite number of idols are worshipped by all the Hindu in general.

, Advocates; active, the amount payable in respect of:- (i) extra earth work; (ii) embankment work; (iii) extra soiling work; (iv) extra bed concrete work and (v) extra stone masonry work. So far as Advocates (active) the claim of the appellant that it suffered loss due to loss of stock of material, PWs 1 and 3 have stated that they have stocked the material of worth about rupees six lakhs at the work site. P18 to P28) to substantiate their claim that the building material like bricks, size stones and other materials were stocked at the work site.

Section 3, therefore, required the driver to have an endorsement which would entitle him to ply such vehicle. The correspondence makes it abundantly clear that the Court of Wards was considering at all stages and in all its aspects the benefit of the estate as to whether there should be at all an extension, and if so, for what period and on what terms. Later, Brahma, Vishnu and Mahesh came to be worshipped. (ix) The Claims Tribunal constituted under Section 165 read with Section 168 is empowered to adjudicate all claims in respect of the accidents involving death or of bodily injury or damage to property of third party arising in use of motor vehicle.

The decision rendered on the claims and disputes inter se between the insurer and insured in the course of adjudication of claim for compensation by the claimants and the award made thereon is enforceable and executable in the same manner as provided in Section 174 of the Act for enforcement and execution of the award in favour of the claimants. We also find that the District Forum considered the question in its proper perspective and held that the vehicle driven by Ram Narain was covered by the category of transport vehicle under Clause (47) of Section 2 of the Act.

" ("Religious Thought and the answer to this question again has to be in the negative. Apart from these letters, the appellant has also produced photographs (Exs. P5, P6 and P7) by which the appellant has informed the respondent that there was no progress in the work and that the building material are lying waste. The said power of the Tribunal is not restricted to decide the claims inter se between the claimant or claimants on one side and the insured, insurer and driver on the other.

The appellant also produced several letters (Exs. In the course of adjudicating the claim for compensation and to decide the availability of defence or defences to the insurer, the Tribunal has necessarily the power and jurisdiction to decide disputes inter se between the insurer and the insured. In their application dated 3-8-1915, Messrs Bird and Co. We find considerable force in the submission of the learned counsel for the Insurance Company.

miles, it would require a much larger period of time than that fixed in the 1915 document to survey the area and work the mines in full, that if the license was to expire in 1921, Advocates (total stranger) they would have to work the best and the most profitable mines, leaving the other areas to be exploited under fresh licenses, and the return to the estate from them must be poor by reason of the unprofitable and un- economic character of the mines which had been left unopened, and that it was accordingly in the interests of the estate to have long term licenses on the same rates.

There would have been considerable force in this contention, if the facts had been as stated by the respondent; but they, however, were not so. As noticed earlier, based on the evidence of PWs 1 and 3 and other documents, the trial court has awarded amount on various other heads viz. On the contrary, the case of the complainant was that it was Mohd. In course of time, Rama and Krishna secured a place of pride in the Hindu Pantheon, and gradually as different philosophic concepts held sway in different sects and in different sections of the Hindu community, a large number of gods were added, with the result that today, the Hindu Pantheon presents the spectacle of a very large number of gods who are worshipped by different sections of the Hindus.

It has first borne with and then, so to speak, swallowed, digested, and assimilated something from all creeds. Even though the appellant has claimed rupees six lakhs on account of loss of the material stocked, as the appellant had not produced any bill relating to purchase of material nor produced authentic trip sheet, the trial court rightly awarded rupees one lakh only on account of loss of building material. It has ever aimed at accommodating itself Advocates (active) to circumstances, and has carried on the process of adaptation through more than three thousand years.