LexLords NRI Legal Services NJ By NRI Legal Services LexLords

The question was directly raised as to whether the income derived from its members was taxable profit. The Arbitral Tribunals are private fora chosen voluntarily by the parties to the dispute, to NRI Legal Services adjudicate their disputes in place of courts and tribunals which are public fora constituted under the laws of the country. 49 of the Registration Act as the suit was not for specific performance and no question of part performance arose in the case and also no question of using the document for a collateral transaction arose because the document was to be used to prove the very agreement which it created itself nHeld, also that the document could not be used under the proviso to s.

Thus we have before us a complete and precise scheme for regulating the issue of permits, providing what matters are to be taken into consideration as relevant, and prescribing appeals and revisions from subordinate bodies to higher authorities. 10) With these findings, the learned Judge proceeded to invoke clause 20 of the Trust Deed and appointed Shri S. It is, however, strenuously argued by the learned counsel for the appellants that the perpetual dedication of property in the present case, as in the Madras cases above referred to, must be taken to have been made under the belief that it is productive of spiritual benefit to the deceased and as being some what analogous to worship of ancestors at a sradh.

3 Under the Master Plan of 2021, Delhi Development Authority issued a Zonal Development Plan for Zone (Division) -D on 27 July 1993, under which Kidwai Nagar East was earmarked as a colony for re-development. Adjudication of certain categories of proceedings are reserved by the legislature exclusively for public fora as a matter of public policy. -This appeal is directed against a judgment and decree of a Division Bench of the Bombay High Court dated October 19, 1949, NRI Legal Services affirming, in appeal, those of the Civil Judge, Hubli, passed in Special Suit No.

It was held, on the authority of Styles' case and the Carlisle A. The Judgment of the Court was delivered by MUKHERJEA J. It is urged, therefore, that they are for religious purposes and hence valid. Thus, fair trial must be accorded to every accused in the spirit of the right to life and personal liberty and the accused must get a free and fair, just and reasonable trial on the charge imputed in a criminal case. it had no dealings with outsiders and derived no profit from outsiders.

Certain other categories of cases, though not expressly reserved for adjudication by public fora (courts and tribunals), may by necessary implication stand excluded from the purview of private fora. There the club was an incorporated company. Within its precincts, there is a protected monument, called Darya Khans Tomb on an area of about 2 acres. Every civil or commercial dispute, either contractual or non-contractual, which can be decided by a court, is in principle capable of being adjudicated and resolved by arbitration unless the jurisdiction of the Arbitral Tribunals is excluded either expressly or by necessary implication.

Apart from residential units, the colony had three schools and two local shopping markets. Spread over an area of 86 acres, the colony comprised of 2331 housing units meant for employees of the Central Government. Consequently, where the cause/dispute is inarbitrable, the NRI Legal Services court where a suit is pending, will refuse to refer the parties to arbitration, under Section 8 of the Act, even if the parties might have agreed upon arbitration as the forum for settlement of such disputes.

The remedies for the redress of grievances or the correction of errors are found in the statute itself and it is to these remedies that resort must generally be had. It is against this order, the respondents, who as stated above, are other group of beneficiaries, have felt aggrieved and filed this appeal by way of special leave before this Court. The ground of the Madras decisions is that a trust of the kind can claim exemption from the rule against perpetuity only if it is for a religious and charitable purpose recognised as such by Hindu law and that Hindu law does not recognise dedication for a tomb as a religious or charitable purpose.

Shah - former Mumbai City Civil Judge as a sole arbitrator for deciding the disputes/differences which had arisen between the parties to the application. The following passage in Mayne's Hindu Law, 11th Edition, at page 192, is relied on to show that. Indeed the law of superstitious uses as such has no applica- tion to India. Bengeri, with him) for the respondent, 237 1953. 15) In the third place, learned senior counsel submitted that apart from what is urged above, since the creation, affairs of the Trust, rights, obligations, removal, duties and NRI Legal Services remedies to seek NRI Legal Services redressal of grievances by the Settlor, Trustees and beneficiaries are governed by the Indian Trust Act, 1882 (hereinafter referred to as the Trust Act), which is a complete code in itself to deal with the aforementioned matters, the provisions of the Arbitration Act for deciding any dispute relating to affairs of the Trust including dispute inter se the stakeholders mentioned above are not applicable and the remedy of the stakeholders would be to take recourse to the provisions of the Trust Act for ventilating their grievances in an appropriate forum specified in the Trust Act.

The Crown(1) has been strongly relied on by learned counsel for the company. The case of the United NRI legal services Club, Simla v.