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NRI legal services - https://lexlords.com/can-nri-file-divorce-case-without-coming-india/. A Division Bench of this Court in the case of Uddar Gagan Properties Ltd. Sant Singh endometrium showed congestion and the cervical os was circular. It is contended that the term contract to contrary in Section 106 of the Act only envisages a valid contract, and that Section 106 of the Act cannot be subverted by way of a contract which is contrary to the provisions of law. However, that is not the prosecution case.
The said submission has been sought to be rebutted by Mr. In the above view of the matter, it was the contention of the learned counsel for the appellant, that there was no material evidence available on the record of the case, to return a clear finding of guilt, against the appellant. Shanti Bhushan, the learned senior counsel appearing on behalf of the respondent-Society, by placing reliance on a constitution bench decision of this Court in the case of U.
It is submitted that a right would vest in the society only once possession of the land was taken by the state government and award passed in favour of the landowners, and thus, it did not have the locus standi to challenge the quashing of the acquisition proceedings. The learned senior counsel places reliance on the decision of this Court in the case of Samir Mukherjee v. The learned senior counsel further contends that it is the NRI Legal Services case of the appellant that in terms of the lease, the same could not be terminated unless there was a breach of its provisions.
The learned senior counsel appearing on behalf of the appellants have also sought to contend that the respondent-Society had no locus standi to file the Writ Appeal as it did not have any right over the said lands in the instant case. That which one sets before him to accomplish, an end, intention, aim, object, plan or project, is purpose. Both the appellant and his wife were attacked. "(1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.
They had sustained injuries. Ajit Sinha, the learned senior counsel, on the question of maintainability of the appeal filed by M/S Trussees In view of the judgments of this Court referred to supra, upon which strong reliance has been placed by Mr. Public purpose should be liberally construed, not whittled down by logomachy. Having concluded that the selection of Extra Departmental Agents or Gramin Dak Sevaks to the post of Postman under Column 11(2)(ii) of the Recruitment Rules is only by way of direct recruitment and not by way of promotion, the question of whether reservation for candidates belonging to OBC category is allowed becomes easier to answer.
It is contended that parties are free to contract out of Section 106 of the Act only by way of a registered instrument and not otherwise. Therefore, the agreement dated 07. It has now been well settled by a nine judge Bench of this Court in the case of Indra Sawhney v. Purpose is more pervasive than urgency. Besides, even if it were so, having regard to the nature of the incident, it is difficult to say that he exceeded the right of private defence for the obvious reason that he could not have weighed in golden scales in the heat of the moment the number of injuries required to disarm his assailants who were armed with lethal weapons.
As far as the sale in favour of the appellants in the appeals arising out of SLP (c) Nos. 2006 was not required to be registered. We are, therefore, of the opinion that the submission of the learned Counsel for the State cannot be accepted in the facts and circumstances of this case. A need or necessity, on the other hand, is urgent, unavoidable, compulsive. It is true that the High Court has come to the conclusion that all the injuries caused to the deceased were caused by the appellant Buta Singh.
Awas Evam Vikas Parishad v. Lastly, it was the contention of learned counsel for the appellant, that Mohan Lal " PW-15, in his deposition, clearly and unequivocally acknowledged, that at the time of occurrence when the appellant and the co- accused fired the shots, he was at a distance of 20 feet from the appellant"Brij Lal. It was the contention of learned counsel, that if the prosecution story is to be believed, the appellant should have fired at Mohan Lal " PW-15, and not at the persons gathered at the place of occurrence, as alleged by the prosecution.
In the course of assault on them they caused injuries to the deceased and the prosecution witnesses. 18090-18118 of 2004 is concerned during the pendency of the writ petitions, the same is also void ab initio in law as the same happened during the pendency of the Writ Petition before the learned single Judge of the High Court. Behl, learned Counsel for the State, however, vehemently argued that the appellant had exceeded his right of private defence. It is further contended that it is not even the case of the appellant that the agreement intended to grant lease of year to year.
It is contended that this argument cannot be accepted, as that goes against the very spirit of Section 106 of the Act. But, at the same time, the intention and the purpose of the Act cannot be lost sight of and the Act in question cannot be given a retrospective effect so long as such an intention is not clearly made out and derived from the Act itself. In the instant case, the monthly tenancy was terminable only in the manner stipulated under Clause 6 of the agreement dated 07.
Union of India[5] that reservation for candidates belonging to OBC category is permissible in cases of direct recruitment. The learned senior counsel further contends that a monthly tenancy is terminable at will. It was submitted, that the circumstantial evidence projected through the prosecution witnesses, did not complete the chain of circumstances, as would establish the guilt of the appellant.
The right ovary showed polycystic changes. A public purpose is thus wider than a public necessity. Before we turn our attention to the essential questions of law that arise for our consideration in the present case, it is important to advert to a submission made on behalf NRI Legal Services of the appellants. We have heard the learned senior counsel appearing on behalf of the parties.