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NRI legal services https://lexlords.com/nri-legal-services-in-chandigarh/. The Amendment therefore seeks to set aside the distinction made in the case law up to date between agreements which limit the time within which remedies can be availed and agreements which do away with the right altogether in so limiting the time. Senior Counsel for the Appellant that so far as the payment towards cost of the project is concerned, the Electricity Board had agreed to pay Rs. What emerges on a reading of the Law Commission Report together with the Statement of Objects and Reasons for the Amendment is that the Amendment does not purport to be either declaratory or clarificatory.

The learned Attorney-General has also drawn our attention to statutes, namely, Act XLVII of 1950 (The Insurance (Amendment) Act, 1950) passed on the 20th May, 1950, and which has added several sections to the Insurance Act, 1938, Act LI of 1951 NRI Legal Services (Railway Companies (Emergency Provisions) Act, 1951), passed on the 14th September, 1951, and Act LXV of 1951 (Industries (Development and Regulation) Act, 1951) enacted on the 30th October, 1951, in support of his contention.

The case,is thus one where the statute purports to operate only prospectively, but such operation has, under the scheme of the Indian income-tax law, to take into account income earned before the statute came into force. This was reflected in para 57 of the Report as follows:- 57. In most of the cases, what is sought is a simple second or third guess on facts or taking another plausible view of the matter.

It is common ground that the statute has not made the aforesaid amendment retrospective as it is to come into force only with effect from 8. On examination, it would appear that these cases do not really turn on the interpretation of the Section, but hinge on the construction of the insurance policies in question. In order to answer this primary question, we have first to see whether the change made in Section 28 could be said to be clarificatory or declaratory of the law, and hence retrospective.

The result is more and more unsuccessful people getting encouraged to have another go at it by approaching the Supreme Court. Only in exceptional circumstances would the Supreme Court relax that requirement, is simply ignored. Decided cases reveal a divergence of opinion in relation to certain clauses of insurance policies with reference to the applicability of this Section. The exception has become the rule now. Shri Neelam Nag, Senior Assistant (Suspended) Indian State bank Bhilai Steel Plant Area Branch Bhilai Sr.

less than 58% of the total project cost. 945 crores out of the total cost of the project amounting to Rs. His argument is that the taking of possession authorised by none of these three Acts fails within article 31 (2)and only illustrates the exercise of the State's police power. Nor can it be said, in strictness, that the Finance Act, 1950, is retroactive legislation. 16) It is these submissions, which were elaborated by the learned senior counsel in his argument, with reference to NRI Legal Services the Scheme of the Trust Act and its various provisions and the decisions, which dealt NRI Legal Services with these issues.

I, therefore, prefer just to note the Attorney-General's contention and pass on and not to base my decision on consideration of any of those Acts. It is pointed out by the Ld. Thus, in our opinion, no change is called for by reason of the aforesaid conflict of judicial authority. Dealing with a statute authorising the removal of destitute widows from a parish, it was observed in an English case [Queen v. That Act, as already noticed, purports by section 2 to charge income-tax and super-tax at specified rates "for the year beginning on the last day of April, 1950".

2061 crores which only comes to approximately 46%, i. The principle itself is well recognized that an agreement providing for the relinquishment of rights and remedies is valid, but an agreement for relinquishment of remedies only falls within the mischief of Section 28. Ankara/Area 3/ Anushansha / 820 19th Sep, 2008 Charge sheet I in the capacity of disciplinary authority charge following charges upon you You have committed following mistake during working in Durg Branch.

Such an enactment cannot, strictly speaking, be said to be retroactive legislation, though its operation may affect acts done in the past. It seeks to bring about a substantive change in the law by stating, for the first time, that even where an agreement extinguishes the rights or discharges the liability of any party to an agreement, so as to restrict such party from enforcing his rights on the expiry of a specified period, such agreement would become void to that extent.

As all the three Acts were passed after the Constitution came into force and as they may be challenged in future an argument rounded on them will really be begging the question in debate before us. He points out that each of those laws is :strictly Speaking outside article 31 (5) (b) and that the 663 result of our holding that the taking of possession authorised by those Acts fails within article 31 (2) so as to call for compensation will be to prevent imposition of social control so urgently necessary for the protection of the larger interests of the society.

Bhagwan Dass [1964] INSC 276; [AIR 1965 SC 1142] was that normally a party should approach the Supreme Court with a certificate of the High Court.