LexLords Simranjeet NRI Legal Services By NRI Legal Services LexLords
The High Court held, on the other band, that the plaintiff's title extended only to 1 anna 4 pies share in the disputed properties, and with regard to this share alone he could claim partition. , Delhi, as arbitrator on his behalf and requesting the company to appoint another person as arbitrator on its behalf. Rattan Lal Chawla representing him- self to be counsel for the company, to Mr. On the 21st November, 1949, the first respondent wrote a letter to the Branch Secretary of the Company's office at Calcutta, stating that his claim was valid and nominating Mr.
The 183 authority of the manager is based upon the principle Of agency or implied authority which has been formulated in a text quoted by Mitakshara. On the 26th May, 1948, the company's Branch Manager at Amritsar wrote to the first respondent repudiating the liability of the company for the loss of the car on the ground that the loss was "due to communal riots which were going on in the whole of Punjab" and was not covered by the agreement of insurance.
Where a debt is incurred for necessity or benefit of the family, the manager, whether he be the father or not, has the undoubted power to alienate any portion of the coparcenary property for the satisfaction of such debts, irrespective of the fact as to who actually contracted the debts. 2) This appeal is filed against the final judgment and order dated 06. 7,000 for the loss of the car. This information appears to have been sup- plied on the 30th April, 1948. The plaintiff averred that he was entitled to a 4 annas share in the schedule lands and this claim was allowed by the trial judge.
nSubsequently, he learned about the loss of his car, and sent a NRI legal services notice dated the 18th March, 1948, through his advocate Mr. Chopra, the arbitrator, who is the second respond- ent in this appeal, praying for-- 504 (1) a declaration to NRI Legal Services the effect that the reference to arbitration and the appointment of respondent No. It is the propriety of this decision that has been challenged before us in this appeal. 2013 of the High Court of Judicature at Bombay in Arbitration Application No.
On the 10th April, 1948, Mr. 'It is perfectly clear,' said Lord Eldon, 'that where there is a mere power, and that power is not executed, the court cannot execute it. "Even a single individual," thus runs the text, "may make a donation, mortgage or sale of immovable property during a season of distress, for the sake of the family and especially for religious purposes"(1). Chopra, Assistant Manager, Lakshmi Insurance Company Ltd. 278 of 2012 whereby the High Court allowed the arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) filed by respondent Nos.
Kapur, on the 1st August, 1948. A simi- lar letter was written again by the Branch Manager on the 3rd July, 1948, to the first respondent, and another letter was written by one Mr. We do not find any warrant for the view that to saddle the sons with this pious obligation to pay the debts of their father, it is necessary that the father should be the manager or karta of the joint family, or that the family must be composed of the father and his sons only and no other male member.
It is equally clear, that wherever a trust is created, and the execution of the trust fails by the death of the trustee or by accident, this court will execute the NRI Legal Services trust. So far as the main appeal is concerned, the material facts are uncontroverted and the dispute centres round one short point, which relates to the extent of share in the disputed properties to which the plaintiff can be said to have acquired a NRI Legal Services title. 1 to 3 herein and appointed Shri S.
But there are not only a mere trust and a mere power, but there is also known to this court a power which the party to whom it is given is intrusted with and required to execute; and with regard to that species of power, the court considers it as partaking so much of the nature and qualities of a trust, that if the person who has the duty imposed upon him does not discharge it, the court will, to a certain extent, discharge the duty in his room and place'. No such limitation is deducible either from the original texts or the principles which have been engrafted upon the doctrine by judicial decisions.
Shah, former Judge of the Bombay City Civil Court, as sole Arbitrator to arbitrate the disputes between the parties. 2 as sole arbitrator was illegal Thereafter, the company pre- sented an application on the 29th December, 1949, in the court of the Senior Sub-judge, Delhi, under section 33 of the Indian Arbitration Act, against the first respondent and Mr. Kapur to the Head Office of the company at Calcutta, claiming a sum of Rs. Thus, if there is a power to appoint among certain objects but no gift to those objects and no gift over in default of appointment, the court implies a trust NRI Legal Services for or gift to (1) 8 ves.
Kapur received a letter from the Branch Manager of the Company's office at Amrit- sar asking for information regarding certain matters stated in the letter.
