Facts About Lawyer In Chandigarh Revealed
The respondents ,understood this position quite correctly, and with 564 view to bring themselves within section 23, they alleged that the lay off was not bona. As Advocates (basics) it has not been contended that the appellant had not received the notice, and it is common ground that the appellant had not carried out the terms of the notice, there cannot be the least doubt that the appellant has incurred the penalty under s. Attempt by the defendants/respondents to establish otherwise has been found to be totally non-acceptable to the trial court as well as the first Advocates - basics, appellate court.
This contention rests on the supposition that the conditions under which workmen could be laid off are conditions Advocates (basics) as to their service, 'and that when the employer lays off workmen without proper grounds therefor, it is a violation of the- conditions of service within section 22(a) of the Act. 1956 42 The Securities In section 2 in clause (h) Contracts after sub-clause (ib) (Regulation) Act insert the following:-- " 1956 (ic) security receipt as defined in clause (zg) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002".
where there is an express saving, there must be an express exclusion. It is the substance and not the form of the notice that has to be regarded. In the case before us, there is clear and cogent evidence on the side of the plaintiff/appellant that there has been structural alteration in the premises rented out to the respondents without his consent. The present Section 100-A was amended in 2002. This being the position, it must be held that the High Court was not justified in reversing the finding of fact recorded by the first appellate court on the issues of existence of landlord-tenant relationship between the plaintiff and Advocates (get more info) the defendant and default committed by the latter in payment of rent.
The effective part of the notice quoted above, leaves no doubt in the mind of the parties concerned that the requisition is to remove the encroachment caused by the compound wall. 488(1)(c), read with s. THE SCHEDULE (Section 41) Year Act No. 1986 1 The Sick In section 15 in Industrial sub-section (1) after the Companies (Specialproviso insert the Provisions) Act following:-- "PROVIDED 1985 FURTHER that no reference shall be made to the Board for Industrial and Financial Reconstruction after the commencement of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 where financial assets have been acquired by any securitisation company or reconstruction company under sub-section (1) of section 5 of that Act: PROVIDED ALSO that on or after the commencement of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 where a reference is pending before the Board for Industrial and Financial Reconstruction such reference shall abate if the secured creditors representing not less than three-fourth in value of the amount outstanding against financial assistance disbursed to the borrower of such secured creditors have taken any measures to recover their secured debt under sub-section (4) of section 13 of that Act.
As stated hereinabove, a specific exclusion may be clear from the words of a statute even though no specific reference is made to Letters Patent. It is settled law that in exercise of power under Section 100 of the Code of Civil Procedure, the High Court cannot interfere with the finding of fact recorded by the first appellate court which is the final court of fact, unless the same is found to be perverse. (2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.
The appellant was bound to carry out the terms of the requisition, and as he admittedly failed therein, he had incurred the penalty of the law. Sub-section (2) of Section 104 does not provide for any express exclusion. ' fide, inasmuch as, in fact, groundnut and neem seeds were available. It must, therefore, be held that notwithstanding the label given to the notice, the requisition bad been lawfully made in the sense that the appellant had made the encroachment complained of, and that the Municipality was entitled to call upon him to remove the encroachment.
On the first question, the jurisdiction of the Tribunal to grant relief under section 23 of the Act arises only if it is made out that there was contravention of section 22 by the management. In this context reference may be made to Section 100-A. Amendments of certain enactments The enactments specified in the Schedule shall be amended in the manner specified therein. But where there is an express saving in the statute/section itself, then general words to the effect that an appeal would not lie or order will be final are not sufficient.
Short title Amendment 1956 1 The Companies Act In section 4A in 1956 sub-section (1) after clause (vi) insert the following:-- "(vii) the securitisation company or the reconstruction company which has obtained a certificate of registration under sub-section (4) of section 3 of Advocates (basics) the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002". In order to better implement the provisions of this Act, Section 32 also contains a non obstante clause overriding all other laws including Memoranda and Articles of Association of the industrial company or any other instrument having effect by virtue of any other law, except the Foreign Exchange Regulation Act of 1973 and The Urban Land (Ceiling and Regulation) Act, 1976.
