LexLords NRI Legal Services Smethwick By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/nri-legal-services-in-united-states-of-america-usa/; Upon a departmental inquiry, the charges were found to be established and the Appellant was dismissed from service on 13 January 2004. It was not suggested at any time before that at first there was a partnership of two kartas and then a partnership of the eight sons of the two kartas on and from the 17th June, 1934, and that such partnership of eight continued ever since then. SCOPE OF COVER This Insurance Policy provides cover against loss or damage by Burglary or House breaking i.

However, in its application under section 66(1) an attempt was made for the first time to suggest yet another case, namely that prior to 13th April, 1943, the business was carried on in partnership by two associations of persons and not by two Hindu undivided families, implying that before that date the business was carried on by the eight individual members of the two families. It would be incorrect to say that section 56 of the Contract Act applies only to cases of physical impossibility and that where this section is not applicable, recourse can be had to the principles of English law on the subject of frustration.

The Appellant moved the Gujarat Higher Secondary Education Tribunal for challenging the order of dismissal. On 25 June 2002 a chargesheet was issued to the Appellant alleging that between 29 November 2001 and 15 December 2001, he had proceeded on a pilgrimage without prior permission and was absent without sanctioned leave. Before the Appellate Tribunal also the same case was made, namely, that up to 13th, April, 1943, the business was a partnership concern of NRI legal services (these details) 'two Dayabhaga Hindu 273 undivided families, namely, the family of Kshetra Mohan Sadhukhan consisting of four adult male members and the family of Sannyasi Charan Sadhukhan also consisting of four' adult male members and that from 14th April, 1943, the, eight members of the two families constituted themselves into a partnership and carried on the business as such, al- though the contention of the assessee at one stage was that though the original NRI legal services - these details - partnership was entered into by the two kartas of the two families, in effect the partnership was between the adult members of the two families even at the inception.

Mehta that the rule of contra proferentem would be applicable to the present case and he relied upon the judgment of this Court in United India Insurance Co. The case made by the assessee before the Appellate Assistant Commissioner was that the business was carried on by the two Hindu undivided families right up to 13th April, 1943; when there was a disruption of both the families inter se and that after that day the eight individual members formed themselves into a partnership and carried on the business.

" We hold, therefore, that the doctrine of frustration is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the Indian Contract Act. (theft following an actual, forcible and violent entry of and/or exit from the premises) in respect of contents of offices, warehouses, shops, etc. It must be held also that to the extent that the Indian Contract Act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of English law dehors these statutory provisions.

It was only Mohamed Safi, a witness who was dropped by the prosecution and was examined by the defence, 440 but treated as a hostile witness even by the defence, who stated that he saw a knife in the hands of the appellant. The decisions of the English courts possess only a persuasive value and may be helpful in showing how the courts in England have decided cases under circumstances similar to those which have come before our courts.

The weapon of offence was also not found upon the person of the appellant and in spite of a search being made for the same was not discovered by the police either at or near the scene of the offence. "It seems necessary for us to emphasise that so far as the courts in this country are concerned, they must loot primarily to the law as embodied in sections 32 and 56 of the Indian Contract Act, 1872. On 13 June 2006, the Tribunal dismissed the application.

Apart from this allegation, which constituted the first article of charge, the second was that whereas in his application for withdrawal from the provident fund, the reason of the pilgrimage was shown to be Haj, the application for leave indicated a pilgrimage to Umrah. In the course of the assessment the Excess Profits Tax Officer found that previous to 14th April, 1943, the business was carried on by two Hindu undivided families, that on 13th April, 1943, both the families were disrupted and since then the individual members of the two families began carrying on the business after forming a partnership concern and accordingly these new partners were not the same persons as the persons who carried on the business up to 13th April, 1943.

Orient Treasures (P) Ltd. and cash in safe or strong room and also damage caused to the premises, except as detailed below: It was further submitted by Mr. Neither Babu Adam nor Sub-Inspector Chawan deposed to having seen the knife in the hands of the appellant. The Appellant denied the charges.