LexLords NRI Legal Services Mumbai By NRI Legal Services LexLords

NRI legal services https://lexlords.com/quashing-of-fir-complaint-summoning-order/. - (A) In this Act, unless the context otherwise requires,- (4a) goods means all kinds of moveable property (other than newspapers, actionable claims, stocks and shares and securities) and includes livestock; Undoubtedly the majority decision in Chiranjit Lal Chowdhuri's case (1) has binding force till it is reconsidered or overruled by this court. The Appellant assails the judgment of the Division Bench. 32 of the Indian Contract Act which deals with contingent contracts or similar other provisions contained in the Act.

In cases, therefore, where the court gathers as a matter of construction that the contract itself contained impliedly or expressly a term, according to NRI Legal Services which it would stand discharged on the happening of certain circumstances, the dissolution of the contract would take place under the terms of the contract itself and such cases would be outside the purview of S. The liability of the members is limited by guarantee, each member undertaking to contribute to the assests of the company, in the event of its being wound up, such sum as May be required, not exceeding one rupee, for payment of the debts and liabilities of the company and the costs, charges and expenses of the winding up.

a promise may be express or implied. Mariasundararaj (Supra). 19,500/- together with interest NRI Legal Services at 13. The relevant dictum in that decision has been reproduced in paragraph 7 by the Single Judge, as follows:- We have to point out that when we come across such accident case, where disciplinary actions are initiated by the State Transport Corporations, invariably except the statement of the inspecting official, the sketch and photographs, no other evidence is placed before the Inquiry Officer.

In arriving at this conclusion the Division Bench relied upon a judgment rendered by a five-Judge Bench of the High Court in Gujarat it was held that a Special Civil Application under Articles 226 and 227 of the Constitution is not maintainable where the court or tribunal whose order is sought to be quashed is not impleaded as a party to the proceedings. Although in English law these cases are treated as cases of frustration, in India they would be dealt with under s.

One of the privileges of a democracy of free men is the right to mismanage one's own affairs within the confines of the law, and if A can mismanage his concerns in a particular way, so can B, C and D. He submitted that the clause in the policy in that case is different from that involved in the present case. 2012 asking the Board of the Bank to consider the directions given by the Court by its earlier order dated 15.

The plaintiff and the company have been left with the mere husk of title and not only has every form of enjoyment which normally accompanies an interest in this kind of property been taken away from them but to add insult to injury the plaintiff has also been called upon to pay substantial sums of money; and for what ? He urged that the Commission committed an error in relying upon the said judgment to reject the Claim Application for the Appellant.

Harchand Rai Chandan Lal reported in (2004) 8 SCC 644 which related to a claim pertaining to a theft and attempted to distinguish it. The Board in its meeting dated 10. According to the Indian Contract Act. " If that is not "deprivation" it is difficult to know what is. It is also repeatedly being pointed out that in the absence of such independent evidence before the Court, it is difficult for the Court to confirm the punishment awarded as against such erring drivers. 500 of 1983 in the Court of Subordinate Judge, Thiruvananthapuram for recovery of an amount of Rs.

2 The Appellant was employed as an Assistant Teacher on 30 June 1978 in a school conducted by the first Respondent, which is a minority institution. A Division Bench of the High Court of Gujarat dismissed a Letters Patent Appeal filed by the Appellant. 2012 decided that the respondents are not entitled for any payment from the proceeds of the sale of the property. The property was put to auction in the execution petition filed by the Bank. On being informed that the Bank was not willing to pay the respondents a part of the sale proceeds, another interim order was passed on 19.

Clause 6 of the memorandum provides that if upon the winding up or dissolution of the company there remains after the satisfaction of all debts and liabilities any property whatsoever, the same would be 293 paid to or distributed among the members of the club in equal shares. The production of essential commodities and the employment of labour are matters for the State and statutory bodies to handle. A sale certificate was issued in favour of the Bank on 22.

--not in compliance with any engagement into which he has entered, not in fulfilment of any duty or obligation which he has incurred, not in furtherance of his interests of which he is the best judge, but blankly and unashamedly because the furtherance of his interests affects "the production of an essential commodity" and, has caused "serious unemployment amongst a certain section of the community. Has that happened here ? As none came forward, the Bank bid for the property in the auction.

The LPA arose out of the dismissal of a Special Civil Application under Articles 226 and 227 of the Constitution by a learned Single Judge on the ground that it was not maintainable. My reasons for saying so are these :-- But this decision, in my opinion, has no apposite application to the facts and circumstances of this case and is clearly distinguishable. The suit was decreed on 25.