LexLords NRI Legal Services Leicester By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/company-incorporation-and-llp/. When the remedy is invoked, the tribunal is not required to step into arena of conflict for defending its order. In case, however, the trial is not completed within the period of one year from the date of this order, despite the steps which the trial Court has been directed to take the disciplinary proceedings initiated against the respondents shall be resumed and concluded by the inquiry officer concerned. Act by Act 68 of 1984 with effect from 24.

Hence, the tribunal is not a necessary party to the proceedings in a Special Civil Application. As appears from the above, Kanakasabapathi was en- tombed after his death and the question is as to the validity of the dedication made therefor. The Court may for that purpose adjourn the case for no more than a fortnight every time an adjournment is necessary. We hope and trust that the trial Court will take effective steps to ensure that the witnesses are served, appear and are examined.

But no question has been raised before the courts below or before us that the settlement, even if otherwise valid, was beyond the powers of the limited owner, Gomathi Ammal. The courts below in coming to the conclusion that the dedication was invalid (partially as held by the Subordinate Judge and wholly as held by the High Court) relied on Kunhamutty v. The courts below have NRI legal services (more about the author) found both these assertions not to be true. was no longer good law. An LPA under Clause 15 of the Letters Patent was thereupon filed.

It will be convenient to consider this latter contention first. 4 The learned Single Judge of the High Court dismissed the writ petition on 24 December 2012 on merits holding that the charge of misconduct stood established and there was no illegality in the view taken by the Tribunal or in the decision of the disciplinary authority. His first line of argument is that quite apart from the question of classification there has been no infringement of article 14 of the Constitution in the present case.

It is said that the State has full control over procedure in courts, both in civil and criminal cases, it can effect such changes as it likes for securing due and efficient administration of justice and a legislation of the character which we have got here and which merely regulates the mode of trial in certain cases cannot come within the description of discriminatory or hostile legislation. Thondikkodan Ahmad Musaliar and two others(1) and other cases following it.

Deputy Commissioner, Partabgarh (64 I. Interests of justice would, in our opinion, be sufficiently served if we direct the Court dealing with the criminal charges against the respondents to conclude the proceedings as expeditiously as possible but in any case within a period of one year from the date of this order. The lis is between the management and a member of its teaching or non-teaching staff, as the case may be. Learned counsel for the defendants-appellants contested the correctness of this line of decisions and also urged that the dedication in the present case was substantially one for religious and charitable purposes like, Gurupooja annadhanam and education and that, therefore, this does not come within the scope of these cases.

In the circumstances and taking into consideration all aspects mentioned above as also keeping in view the fact that all the three Courts below have exercised their discretion in favour of staying the ongoing disciplinary proceedings, we do not consider it fit to vacate the said order straightaway. All that needs to be avoided. We also expect the accused in the criminal NRI Legal Services case to cooperate with the trial Court for an early completion of the proceedings. but does not include acquisition of lands for Companies (emphasis laid by this Court) The definition of the term 'Company' was inserted in the definition of Section 3(e) of the L.

An order of the tribunal is capable of being tested in exercise of the power of judicial review under Articles 226 and 227. The learned Attorney- General, appearing in support of the appeal, has put forward his contentions under two dif- ferent heads. 8 The tribunal is not required to defend its orders when they are challenged before the High Court in a Special Civil Application under Articles 226 and 227. The learned Judges thought that the matter should be considered by a Constitution bench and the case was accordingly placed before us.

it will be seen that the settle- 282 ment deed proceeds on the footing that the dedication was made in pursuance of the desire of the husband and that the items in schedule 2 thereto which are items 18 to 24 of Schedule II attached to the plaint in this suit are the widow's own property and not part of the estate of Kanakasabapathi. It is further argued that the differences that have been made in the procedure for criminal trial under the West Bengal (1) Vide Dowling: Cases on Constitutional Law, 4th edn.

We say so because experience has shown that the trials often linger on for a long time on account of non-availability of the defence lawyers to cross-examine the witnesses or on account of adjournments sought by them on the flimsiest of the grounds. The impugned orders shall in that case stand vacated upon expiry of the period of one year from the date of the order. King Emperor(1), on which the respondent relied. It is for the person aggrieved to pursue his or her remedies before the tribunal.