LexLords NRI Legal Services Chandigarh By NRI Legal Services LexLords

58) When we examine the Scheme of the Trust Act in the light of the principle laid down in condition No. In our opinion therefore the High Court was right in the conclusion to which it came that there was uncertainty as regards the beneficiaries and there was an absence of any obligation to grant any pension with the result that no NRI legal services (continue reading) and effective trust could be said to have been created and further that the provision of Rs. Further, the proviso to Section 11(1) of the L.

2, we find no difficulty in concluding that though the Trust Act do not provide any express bar in relation to applicability of other Acts for deciding the disputes arising under the Trust Act yet, in our considered view, there exists an implied bar of exclusion of applicability of the Arbitration Act for deciding the disputes relating to Trust, trustees and beneficiaries through private arbitration. The provisions of the Interest Act, 1839, which prescribe the general law of interest and become applicable in the absence of any contractual or other statutory provisions specially dealing with the subject, would also answer the description of substantive law.

Nagamohan Das, the learned senior counsel appearing on behalf of the respondent original landowners-farmers sought to justify the impugned judgment and order passed by the Division Bench of the High Court. 2,00,000 in the accounting year 1946-47 was not an expenditure or an expenditure for the purposes of the business within the meaning of section 10 (2) (xv) NRI legal services (navigate here) of the Indian Income-tax Act. The relevant portion of the notification is extracted hereunder: The objections filed by some of the landowners were rejected by land acquisition officer primarily on the ground that the objections are not valid, and that the concerned lands come in the middle of the layout and that the lands are being acquired for the formation of house sites by the respondent society, which is a public purpose as per the definition of Section 3 (f) (vi) of the L.

1999, the state government issued the final notification under Section 6(1) of the L. of the total number of employees employed in any industry in any local area and if a union had a membership of less than 15 per cent and not less than 5 per cent. Alternatively, he submits that even if the acquisition proceedings are quashed on the basis of the non compliance with Section 3(f)(vi) of the L. Act declaring that the lands were required for public purpose without proper application of mind to the report received from the Land Acquisition Officer.

it can be registered only as "qualified union" : The Bombay Industrial Relations Act, 1946, provided that a union may be registered as a "representative union" if it had a membership of not less than 15 per cent. The compromise is immensely beneficial to farmers as for the acquisition of every acre, each one of them are entitled for allotment of one site and the society has agreed to deposit the award amount as determined by the Land Acquisition Officer.

In the latter case it is necessary to see if the statute creates a special right or a liability and provides for the determination of the right or liability and further lays down that all questions about the said right and liability shall be determined by the Tribunals so constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not. 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.

For non-compliance of the above provisions of the L. It was also brought to the notice of this Court that supplementary awards were also passed which is not legally permissible in law. Act, the composite awards are vitiated in law and therefore, the same are also liable to be quashed. In such a scenario, the only party which stands to gain is the fraudulent purchasers of the NRI Legal Services lands. Where there is no express exclusion the examination of the remedies and the scheme of the particular Act to find out the intendment becomes necessary and the result of the inquiry may be decisive.

Rangarajan and some of the appellants are held void, then also the landowners will get justice for depriving them and their family members of livelihood for more than 28 years by preventing them from cultivating the said lands and earning their livelihood. The learned senior counsel submits that if the acquisition proceedings are not upheld, the farmers will be deprived of both the award amount as well as a site for every acre of land.

An LPA under Clause 15 of the Letters Patent was thereupon filed. Act and decisions of this Court referred to supra and the sale transactions between Mr. Subsequently, around 33 Objection Petitions were filed before the Land Acquisition Officer by the landowners, which were all rejected under the inquiry conducted by him under Section 5-A(2) of the L. It is further submitted by the learned senior counsel that during the pendency of the Writ Appeals before the High Court, there came to be a compromise between the farmers and the society.

Act provides that no award shall be made by the collector without the previous approval of either the appropriate government or such officer authorised by it for the above purpose.