LexLords NRI Legal Services Smethwick By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/nri-legal-services/. If a literal construction were to be given, then it would amount to ignoring the procedure, mode and manner of deposit provided in Section 31(2) of the 1894 Act in the event of happening of any of the contingencies contemplated therein which may prevent the Collector from making actual payment of compensation. But at the same time, we do not think that by use of the word paid, Parliament intended receipt of compensation by the landowners/persons interested.

The Assessee approached the High Court of Andhra Pradesh by filing Central Excise Appeals. On taking into consideration the entirety of the facts and circumstances of the case, especially the absence of any material evidence produced by the appellant (to demonstrate that gunshots fired by the accused and the co-accused were in self-defence), the instant contention cannot be accepted. The contra proferentem rule of construction arises only where there is a wording employed by those drafting the clause which leaves the court unable to decide by ordinary principles of interpretation which of two meanings is the right one.

NRI Legal Services There is also evidence on the record of the case to authenticate, that NRI Legal Services all the villagers were only persuading the accused-appellant " Brij Lal and his co- accused " Kashi Ram, not to insist on carrying out their threat, to murder Mohan Lal " PW-15. By a judgment dated 19. (footnotes omitted) Colinvauxs Law of Insurance[2]propounds the contra proferentem rule as under: The words should receive their ordinary and natural meaning unless that is displaced by a real ambiguity either appearing on the face of the policy or, possibly, by extrinsic evidence of surrounding circumstances.

One must not use the rule to create the ambiguity " one must find the ambiguity first. Because this works take time, I should be given proper time to go further in effort and to finish the work of mortgage. By mortgaging the family movable and immovable property, arrangement for obtaining the amount, thought and efforts are continued for making such arrangement as early as possible. While enacting Section 24(2), Parliament definitely had in its view Section 31 of the 1894 Act.

Chapter VII deals with vacating the office of the Trustee (Sections 70 to 76). The appeals were allowed, as being squarely covered by the Collector of Central Excise, NRI Legal Services Madras reported in (1997) 5 SCC 763. Moreover, the reiteration by the witnesses, that the crowd comprised of men, women and children, by itself is sufficient, to infer that the neighbours and co-villagers were not aiming at causing any harm or injury to the accused-appellant or the co-accused.

Having failed in that attempt, the First Respondent resorted to issuance of the Termination Notice for delay in payments. In our view, it is not appropriate to give a literal construction to the expression paid used in this sub-section [sub-section (2) of Section 24]. He further contended that it is beyond imagination that a person without any provocation, motive or instigation will straight away open the fire. Not only Mohan Ram " PW-1, but also Mohan Lal " PW- 15, expressly deposed that none of the neighbours and co-villagers, was armed.

We are of the view, therefore, that for the purposes of Section 24(2), the compensation shall be regarded as paid if the compensation has been offered to the person interested and such compensation has been deposited in the court where reference under Section 18 can be made on happening of any of the contingencies contemplated under Section 31(2) of the 1894 Act. 2014, the High Court of Andhra Pradesh allowed the Central Excise Appeal Nos. It cannot be overlooked, that one of the deceased - Mst.

The testimony of the prosecution witnesses also demonstrates, that there was substantial distance between the villagers, and the place at which the accused were standing in the opposite of the house of Sultan Bhat. 9, 10 and 51 of 2004 and 21 of 2005. He submitted that the First Respondent initially filed a petition for a declaration that the PPA was void. Chapter VIII deals with extinction of the Trusts (Sections 77 to 79) and Chapter IX deals with certain obligations in the nature of Trust (Sections 80 to 93).

Having given our thoughtful consideration to the submissions advanced, at the hands of learned counsel for the appellant, we are of the view, that there is overwhelming evidence produced by the prosecution, affirming that the crowd which had gathered at the place of occurrence, consequent upon the shouting of Mohan Ram " PW-1, was unarmed. Giri, learned Senior Counsel appearing for the Appellant submitted that the First Respondent had repeatedly made valiant efforts to wriggle out of the obligations under the PPA.

From that one thing is clear that it did not intend to equate the word paid to offered or tendered. 4) Learned senior counsel for the appellant-accused contended before this Court that there was no motive behind the killing of Raj Kumar. Munni Devi was a woman, and one of the injured " Sheria was a child of 5 years.