LexLords NRI Legal Services Delhi By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/company-incorporation-and-llp/. The appellant filed a petition before the Commission under Section 86 (i)(f) of the Act for adjudication of the dispute arising out of the Power Purchase Agreement (the PPA). We would only examine, where necessary, the salient principles upon which the leading pronouncements of the English judges purport to be based and see whether they throw any light on the questions that require consideration in this case. , who by a separate judgment dissented from the majority on another point, not material for our present purpose, said at page 467: The question arose whether section 3 of the Act was a law imposing restrictions on "the right to move freely throughout the territory of India" guaranteed under article 19 (1) (d) and, as such, was liable to be tested with reference to its reasonableness under clause (5) of that article.

As, however, the points of law have been discussed in the judgments of the courts below and reference has been made by the learned Judges to a number of English cases turning upon analogous provisions in cognate statutes in England, we think it proper to express our views shortly on the points raised, just for the purpose of clearing up any doubt that might exist regarding the meaning and implication of the word "consent" as has been used in section 30 (2) of the Sale of Goods Act.

(ESL) in preference to the appellant. for the period from 01. Indeed it may NRI Legal Services be assumed that such a practice is not likely to grow up amongst Hindus where cremation and not burrial of the dead is the normal practice, except probably as regards sannyasis and in certain dissident communities. The appellant inter alia sought compensation for wrongful allocation of electricity by the EPL to its sister concern, Essar Steel Ltd. The respondent, ESSAR Power Limited (the EPL), is a generation company within the meaning of Section 2 (28) of the Act.

discussion of the English cases that have been cited before us. (the GUVNL), is the NRI Legal Services successor of the Gujarat Electricity Board and is a deemed licencee under Section 2 (39) read with Sections 12 and 14 of the Act. The dispute between them, as we shall presently see, is mainly on the point as to whether, on the facts of the case, it could be held that Mukherjee got possession of the shares with the consent of the defendant's agent.

It may be noted, in passing that even the High observed that "the parade was not as satisfactory as we expect parades to, be in such cases further observed that the, only effect of that fact would be to, put them upon guard with regard to the -evidence of Abdul Satar and they should not proceed to act upon that evidence unless it was corroborated. No questions were addressed in the cross- examination of prosecution witnesses in regard to this aspect of the case and the Additional Sessions Judge observed to the jury that in the absence of such cross- examination, not mulch reliance could be placed on this criticism of the identification parade.

who appeared for the defendant respondent. "Although personal liberty has a content sufficiently comprehensive to includei the freedoms enumerated in article 19 (1), and its deprivation would result in the extinction of those freedoms, the Constitution has treated these civil liberties as distinct fundamental rights and made separate provisions in article 19 and articles 21 and 22 as to the limitations and conditions subject to which alone they could be taken away of abridged.

The two principal questions that require consideration are first, whether the consent necessary under section 30 (2) of the Sale of Goods Act must be a free consent uninfluenced by fraud or false representation, and :secondly, whether the existence of such consent is negatived, as a matter of law, it a person of the requisite description mentioned in the section obtains possession of goods from the owner by trick or other deceitful means which makes his act punishable as a crime.

It was decided by a majority of 5 to 1 that a law which authorises deprivation of personal liberty did not fall within the purview of article 19 and its'validity was not be judged by the criteria indicated in that article but depended on its compliance with the requirements of articles 21 and 22, and as section 3 satisfied those requirements, it was constitutional. The interpretation of these articles and their correlation were elaborately dealt with by the full court in Gopalan's case(1).

The appellant, Gujarat Urja Vikas Nigam Ltd. India and we have been referred to a number of 398 cases decided by English courts where similar questions have arisen in regard to the provisions of section 25 (2) of the English Sale of Goods Act and section 2(1) of the Factors Act which employ almost the same language with reference to dispositions made by a purchaser or mercantile agent 'who obtained possession of' goods with the consent of the real owner. As correctly observed by the State Commission, the same is not liable to be reopened at this stage.

It is neither necessary nor desirable for our purpose to enter into a. Under those circumstances, it is clear that the claim of the Electricity Board against the EPL with respect to the alleged diversion of power by the EPL to Essar Steels Ltd. There is no decision on these points by any High Court in. 96 had already been settled by the payment and this settlement is final, conclusive and binding on the parties. The identification parade also was challenged as not proper because it was alleged that mostly ward boys were mixed up with the appellant NRI Legal Services when the identification parade was held.