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NRI legal services - https://lexlords.com/succession-certificate/. Burah (1) apply in full foree. 6901 of 2009, has placed before the Court the record in original pertaining to the decision taken by the State Government on the report of the Collector submitted after completion of the enquiry under Section 5A of the L. It could not be assumed that such NRI Legal Services a legislature had the power of making -a law having retrospective operation in relation to a perio prior to its birth unless the Constitution itself clearly and explicitly conferred such power.
55) The Constitution Bench of this Court in a leading case of Dhulabhai etc. There is, however, no question here of the Constitution operating retrospectively in bringing into existence the Union Parliament or the legislatures of the States. 59) The principle of interpretation that where a specific remedy is given, it thereby deprives the person who insists upon a remedy of any other form of remedy than that given by the statute, is one which is very familiar, and which runs through the law, was adopted by this Court in the case of The Premier Automobiles Ltd.
2 of 1951 in Civil Rules Nos. In fact the said record was specifically called for by this Court by its order dated 27th July, 2016 nRachana Srivastava, learned counsel for the appellant State in Civil Appeal No. In the instant case, the 4th respondent along with the statement of objections has produced Audit Report as Annexure-I. We apply this principle here because, as held above, the Trust Act creates an obligation and further specifies the rights and duties of the settlor, Trustees and the beneficiaries apart from several conditions specified in the Trust Deed and further provides a specific remedy for its enforcement by filing applications in Civil Court.
It is for this reason, we are of the view that since sufficient and adequate remedy is provided under the Trust Act for deciding the disputes in relation to Trust Deed, Trustees and beneficiaries, the remedy provided under the Arbitration Act for deciding such disputes is barred by implication. Kamlakar Shantaram Wadke AIR 1975 SC 2238 while examining the question of bar in filing Civil suit in the context of remedies provided under the Industrial Disputes Act (See G.
Our Constitution, as appears from the Preamble, derives its authority from the people of India, and learned counsel conceded that it was open to the people to confer on the legislatures established by the Constitution, which they framed through their representatives, power to make laws having operation in relation to periods prior to the commencement of the Constitution. 1985 with that of M/S Sree Srinivasa Enterprises and as per the said agreement the society has to pay Rs.
46) The argument of learned counsel was that any dispute relating to the management and affairs of the Trust including the disputes inter se trustees and the beneficiaries in relation to the Trust, its affairs, management and properties cannot be decided by the arbitrator under the Act even though there may be a clause to that effect in the Deed. It follows that the amendment of section' 2 clause (14-A) of the Indian Act, by the Finance Act, 1950, so as to authorise the levy of tax on income accruing in the territory of Rajasthan in the year 1949-50 is within the competence of Parliament and therefore valid.
Appeal against the Judgment and Order, dated the 22nd March, 1951, of the High Court of Judicature at Calcutta (Harries C. yard to M/S Sree Srinivasa Enterprises. The observations in the Australian -case, to which reference has been made, seem to us (1) 5 I. in which they claimed exemption for iron and steel goods that went into the creation of these items, after which the said doors, window frames, grills, etc. There is also a reference that the society entered into an agreement dated 13.
On NRI Legal Services facts, therefore, we find that the High Courts judgment is correct and does not need to be interfered with inasmuch as the iron and steel goods, after being purchased, are used in the manufacture of other goods, namely, doors, window frames, grills, etc. In support of this argument certain observations of one of the Judges in an Australian case [Exparte Walsh and Johnson ; In re Yates(2)] were relied on. Singh, Principles of Statutory Interpretation, 12th Edition, Pages 763- 764).
State of Madhya Pradesh , AIR 1969 SC 78 examined the question as to how the exclusion of jurisdiction of Civil Court in the context of express or implied bar created in any special law should be decided. The only question is 'What powers have been conferred upon these legislatures by the representatives of the people who framed the Constitution and, in determining that issue, the principles laid down in cases. But, it was insisted, such a power should be given in clearly expressed terms.
Learned counsel pointed out that the Trust Act is a complete Code in itself and provides a comprehensive machinery to deal NRI Legal Services with all issues relating to Trust, the trustees and the beneficiaries including providing adequate forum (Civil Court) for adjudication of all such disputes arising between them and the Trust, and hence, the jurisdiction of the Civil Court should be given overriding effect to the exclusion of jurisdiction of private arbitration under the Act by applying implied bar of jurisdiction recognized in law.
In the said report there is reference that the landowners have been paid the consideration for their lands through M/S Sree Srinivasa Enterprises. which in turn are used in the execution of works contracts and are therefore not exempt from tax were fitted into buildings and other structures. 6900 of 2009 who is the respondent in Civil Appeal No. Their Lordships examined the question in the context of Section 9 of the Code of Civil Procedure, 1908 and the bar created in special law.
We are unable to accept the argument. On facts in this case, it has been found that the appellant is engaged in works contracts of fabrication and creation of doors, window frames, grills, etc. It was his submission that the remedy to get such disputes decided through arbitration is impliedly barred, if not, expressly by virtue of the scheme and the elaborate provisions of the Trust Act.