LexLords NRI Legal Services Birmingham By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/restitution-of-conjugal-rights/; The learned Single Judge allowed the writ petition on the basis that the appellant had no opportunity of being heard by the Collector under Section 5-A. A decision by the Government on the objection, when the Collector afforded no opportunity of being heard to the objector, would not be proper. The result therefore is that the appeal will be allowed, the judgment of the High Court on, reference set aside, the majority verdict of the jury Pronouncing the appellant -not guilty of the offence with which he was 444 charged accepted and the appellant acquitted and discharged and forthwith set at Appeal allowed.

The State of Punjab, Petition No. It is no doubt true that the recommendation of NRI Legal Services the Land Acquisition Collector is not binding on the Government. There were various circumstances brought out in the evidence of the NRI Legal Services prosecution witnesses Which were particularly relied upon by the defence. He however stated for the first time in the Sessions Court that he' asked the appellant as to why he was stabbing him and the appellant replied that he was doing it at the instance of a friend of his.

" It is to be noted that section 3 (1) of the Preventive Detention Act under which the initial order of detention is made is worded differently in this respect and it merely empowers the Central Government. The duty to afford such an opportunity is mandatory. Abdul Satar then stated that he was on inimical terms with one Sulaiman and it was at the instance of Sulaiman that the appellant inflicted the injuries on his person. What the creditor can do is to avail himself of this right of the father and work it out either by suit or execution proceedings; in other words, the remedy of a father's simple contract credi- tor during the father's lifetime rests entirely on the right of the father himself to alienate the entire family property for satisfaction of his personal debts.

As against this, under Article 4. It is now settled by a pro- nouncement(1) of this court that not only it is not neces- sary for the detaining authority to mention the period of detention when passing the original order under section a (1) of the Preventive Detention Act, but that the order would be bad and illegal if any period is specified, as it might (1) Vide Makhan Singh Tarsikka v. 1 of the PPA with the ESL, fuel is to be supplied by the ESL which created an obligation to generate electrical output upto the capacity allocated to the ESL.

The PPA executed by the respondent with the ESL was on different terms. For supply to the appellant, fuel is required to be arranged by the respondent. This obligation was subject to reciprocal performance of obligation by the appellant. This was characterised by the defence as a pure after-thought in order to supply a motive for the commission of the offence by the appellant and it was urged that if Abdul Satar was capable of inventing a story for supplying the motive for the commission of the offence by the appellant he -could not certainly be relied upon even in the identification of the appellant by him.

The prosecution frankly admitted that it had failed to prove any motive for the commission of the offence by the appellant. The Government may choose either to accept the recommendation or to reject it; The minority view proceeds upon the footing that the pious obligation of the son is only to his father and corre- sponding to this obligation of the son the father has a right to alienate the entire joint property including the son's interest therein for satisfaction of an antecedent debt not contracted for immoral purposes.

Abdul Satar had not stated anywhere before he gave evidence in the Sessions Court that he had any conversation with the appellant as to why the latter was inflicting the injuries on him. It is submitted that there was no obligation for proportionate declaration of available generation capacity. The father loses this right as soon as partition takes place and after that, the creditor cannot occupy a better position or be allowed to assert rights which the father himself could not possess.

or the State Government, as the case may be, to make an order, under the circumstances specified in the section, directing that a person be de- tained; and nothing is said about the period for which such detention should be directed. The EPL supports the view taken by the Tribunal. 3 of the Agreement and was also required to establish a letter of credit under Article 5. Action upon the report of Advisory Board'(1) In any case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.

The power to hear the objection under Section 5-A is that of the Collector and not of the appropriate Government. So far as the first ground is concerned, it would be necessary to advert to the language of section 11 (1) of the Preventive Detention Act which runs as follows :-- "11. The NRI Legal Services appellant had not paid cost for its allocated capacity. The respondent was to meet the requirement of electric output corresponding to allocated capacity of 300 MW.

The appellant was required to make payment on due dates under Article 5.