LexLords NRI Legal Services Calgary By NRI Legal Services LexLords
NRI legal services - https://lexlords.com/nri-legal-services/. Section 3, sub-section (32), defines "representative of employees" as one entitled to act as such under section 30, and "representative union," is NRI Legal Services defined as a union for the time being NRI Legal Services registered as a representative union under the Act [subsection (33)]. The difference between the amounts of repayment determined as above and the amount of repayment of Foreign Debt falling due during the relevant Accounting Year and expressed in rupees adopting the exchange rate as per the Financing Plan shall be included in the Annual Fixed Charges.
GUVNL also made default in making payment to the EPL which amounted to breach of reciprocal obligation. In our view this argument again involves an element 1109 of conjecture. GUVNL had not proved any actual loss. The mistake may well have been inadvertent- ly made and the correction made there and then. It was observed that on the principle of Section 35 of the Sale of Goods Act, 1920, there was no obligation to deliver in absence of dispatch instructions. I am not prepared to subscribe to the proposition that article 31 (1) stands by itself and should be read separately from (2) and I cannot attribute an intention 738 to our Parliament to deprive a person of his property merely by passing an Act.
The two parts of the article form an integral whole and cannot be disassociated from each other. Clause (5) of SBPVRS gave fifteen days' time to the employees to opt for the Scheme and under clause (8) a period of two months is given to the management to work out the Scheme. In respect of the Foreign Debt, the amounts falling due for repayment during the Accounting Year shall be first computed in the applicable foreign currencies and thereafter be converted to Rupees by adopting the Base Exchange Rate.
Bengal Amendment) Act, 1950, (hereinafter referred to as"the 'amending Act") was introduced in the West Bengal 'Legislative Assembly on March 23, 1950. The creation of the fund would depend upon the number of applications; the cost of the Scheme; Since the said Schemes are funded schemes, the management is required to create a fund. It would appear, according to the . Under such Schemes, time is given to every employee to opt for voluntary retirement and similarly time is given to the management to work out the Scheme.
When the appeal was pending, the Bill, which was later passed as the West Bengal Revenue Sales (West . To draw any conclusion adverse to the accused from a slight inaccu- racy in the description of dates and to conclude therefrom that it was established that the accused Patel had seen Amarnath on the 9th November, 1946, amounts to unnecessari- ly stretching a point against the accused. We have not been able to understand how -the vagueness about the date could lead to the conclusion arrived at.
"statement 0f objects and reasons" annexed to the Bill, that great hardship was being caused to a large section of the people by the. GUVNL also failed to establish letter of credit to secure the payment of the amount payable to the EPL which also was breach on the part of the appellant. That would be about a week after the first visit. 64 crores for diverting electricity to ESL. The Tribunal upheld the stand of the EPL. That such mistakes are not very uncommon or unusual and occur in official documents is fully established on the record, in para 93 of the judgment of the learned Sessions Judge and it is said as follows: The recitals in the letter, true or false, are quite consistent with the letter bearing date 20th November, 1946.
The magistrate observed that the vagueness about the date and the week shows that the allegations therein are not correct. Non-declaration of available capacity on proportionate basis was not shown to have resulted in any loss or damage to GUVNL. It was held that Articles I and III of Schedule VI to the PPA did not require the EPL to declare the capacity in the ratio of 300 : 215 MW. As regards letters dated 17th February, 2000 and 4th October, 2001 by which the respondent accepted its liability, it was held that the GUVNL never accepted or complied with its obligations and therefore, the respondent was not bound by the stand in the said letters.
It was said that the normal experience is that it becomes a subconscious habit to automatically write the year correctly when several months have elapsed after the change of the year and that by sheer force of habit the correct year must have been put down when the date was entered in the letter Exhibit P-24 and that the figure was subsequently changed to 6 and this fact was an indication that the letter was written some time in the year 1947.
Emphasis was laid on the overwriting of the figure 6 over the figure 7 in the manuscript part of the letter. It was further observed that the claim for the period from 1st July, 1996 stood settled in view letter dated 13th October, 2006 of the GUVNL to accept Rs. Further, the ESL supplied fuel to EPL for conversion into electricity but for supply to the GUVNL, the EPL had to procure fuel from outside.