LexLords NRI Legal Services Harrow By NRI Legal Services LexLords

From DIGIMAT Digital Learning Platform - Knowledge Base
Revision as of 12:22, 20 October 2018 by 170.233.37.194 (talk)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

NRI legal services, http://lexlord.com; Hence, acquisition for a public purpose as also NRI legal services (a replacement) acquisition for a company are governed by considerations of public utility. 58,000 which they said they had paid to the Nawab for their subsequent purchase and for the loss of the property. As the Nawab's estate has vested in the Custodian, U. But the procedure for the two kinds of acquisitions is different and if it is for a company, then NRI legal services, a replacement, acquisition has to be effected in accordance with the procedure laid down in Part VII.

State of Bombay [(1961) 1 SCR 128 at p 137] a very large section of the community is concerned and its welfare is a matter of public concern. 62,000 despite the fact that the Nawab had already been paid Rs. The plaintiff and the appellants were prepared to compromise in this court on terms that the plaintiff should get the property and the apllants be paid Rs. It has been held by this Court, in that decision, that the purposes of public utility, referred to in Sections 40-41 of the Act, are akin to public purpose.

On the other hand, in the case of an acquisition for a company, the compensation has to be paid by the company. But as pointed out by this Court, public purpose varies with the times and the prevailing conditions in localities, and in some towns like Bombay the conditions are such that it is imperative that the State should so all it can to increase the availability of residential and industrial sites.

, were justified, for he refused to compromise and claimed the Rs. These Sections read as under: After this, the plaintiff's broker Chatter Sen told him (the Nawab) falsely that the appellants had backed out and that in view of this it would pay the. His learned counsel stated that it was for him to decide whether anything had been paid to the Nawab and if so how much and for him to decide what should be done with the Rs.

But the procedure for the two kinds of acquisitions is different, insofar as Part VII has made substantive provisions for acquisitions of land for companies. , we thought it proper to join him in this appeal in case he should later lay claim to the plaintiff's Rs. 19) The basic question, which arises for consideration in this appeal, is whether a clause in a Trust Deed, which provides for resolving the disputes arising between the beneficiaries of the Trust through arbitration, can constitute an arbitration agreement within the meaning of Section 2(b) and 2(h) read with Section 7 of the Act and whether the application filed by the respondents under Section 11 of the Act can be held as maintainable?

The main idea in issuing the impugned notifications was not to think of the private comfort or advantage of the members of the public but the general public good. There is no doubt that, as pointed out in the recent decision of this Court, the Act contemplates for a public purpose and for a company, thus conveying the idea that acquisition for a company is not for a public purpose. 6,000 as earnest money on 5th February, 1942. Where acquisition is made for a public purpose, the cost of acquisition for payment of compensation has to be paid wholly or partly out of Public Revenues, or some fund controlled or managed by a local authority.

At any rate, as pointed out in Babu Barkva Thakur v. In our view the welfare of a large proportion of persons living in Bombay is a matter of public concern and the notifications served to enhance the welfare of this section of the community and this is public purpose. 58,000 and that they paid him Rs. Considering the ambit and scope of Sections 6 and 39 to 41 and referring to Babu Barkya (supra), the Court observed: (Pandit Jhandu Lal case (supra), AIR pp.

It is true that these residential and industrial sites will be ultimately allotted to members of the public and they would get individual benefit, but it is in the interest of the general community that these members of the public should be able to have sites to put up residential houses and sites to put up factories. But, in such a case, there has to be an agreement, under Section 41, for the transfer of the land acquired by the Government to the company on payment of the cost of acquisition, as also other matters not material to our present purpose.

58,000 but there is no finding about this). 62,000 to compensate them for the Rs. nThe only process to which the steel reinforcement rods/ bars are subjected to before being embedded with cement concrete mixture is bending at its ends after cutting of steel rods/ bars to the required size and tying them at the intersections with binding wire. The fears of the parties regarding the Custodian, U. Hence, acquisition for a public purpose as also acquisitions for a company are governed by considerations of public utility.

20) Section 2(b) and 2(h) and Section 7 of the Act are relevant to examine the question involved in the case. In conclusion we hold that the notifications are valid and cannot be impugned on the ground that they were not issued for any public purpose. None of these processes constitute a manufacturing process and no new commodity is produced before incorporation into the works (The plaintiff said the appellants paid the Nawab, Rs.