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LexLords NRI Legal Services in USA by NRI Legal Services LexLords

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Eric Stephenson Eric
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LexLords NRI Legal Services in USA by NRI Legal Services LexLords
NRI legal services - - - . Accordingly, the Single Judge dismissed the writ petition preferred by the appellant and allowed the writ petition preferred by the respondent and issued direction to the appellant Corporation to reinstate the respondent with back-wages and continuity of service and all other attendant benefits. The effect of the payment, or of the release, may be to extin- guish the mortgage but in themselves they do not limit the interest. The essential question which arises for our consideration in the instant case is whether the agreement dated 07. If the company shall disclaim liability to the insured for any claim here- under and such claim shall not within twelve calendar months from the date of such disclaimer have been referred to arbitration then the claim shall have been deemed to have been abandoned and shall not be recoverable. ,Nothing that has been said by Mr. Nor can the NRI Legal Services - title of a chapter be legitimately used to restrict the plain terms of an enactment. We have heard the learned senior counsel appearing on behalf of the parties and have perused the evidence on record. 2006 can be read in evidence, and whether it is a contract to contrary in terms of Section 106 of the Act. " The same view was expressed by Mukherjea J. 33 of the Indian Arbitration Act praying for a declaration that the reference to arbitration was illegal and the award if made by the arbitrator would not bind the company. When the evidence produced by the prosecution has neither quality nor credibility, it would be unsafe to rest conviction upon such evidence. However, the 2nd respondent was not subjected to cross-examination. " The car was lost, and the company through its Branch Manager disclaimed liability on three different dates. The case of the company was that the in- sured must be deemed to have abandoned his claim by virtue of the contract of insurance policy while 'the respondent averred that there was never any valid disclaimer by the company of its liability as the Branch Manager had no au- thority to disclaim the liability and it could have been disclaimed only by the resolution of the company. It was contended on its behalf that the arbitration clause had ceased to be 65 502 operative and the question as to the existence and validity of the Arbitration agreement was triable by the court under sec. The insured did not take any action in regard to the appointment of an arbitra- tor until more than twelve months after the last disclaimer by the company. 453 Act of Parliament, cannot be- referred to for the pur- pose, of construing the statute, and it may be mentioned in this connection that the, marginal note relied on has since been replaced by the words 'Income deemed to accrue ;or arise within', British India which makes it clear that the 'main object, of sub-section (1) was to define that expression (see section 12 (a) of Act XXII Of 1947). The company presented the present application under see. If High Court keeping in mind, several relevant factors like the purity in a administration of justice, the interest of the litigant public and easy availability of the advocate to assist the court for proper adjudication of the dispute pending before it or expeditious disposal of such proceedings or for any other valid or good reasons which High Court considered just and proper frames such rules, we find no fault in Rule 3 or Rule 3A of the NRI Legal Services - Rules. In such circumstances, the appellant is entitled to the benefit of doubt. Jayanti lal(2) and Collec- tor of Etah v. After having considered the matter thoughtfully, we find that the evidence on record in the case is not sufficient to bring home the guilt of the appellant. Extending this, the learned counsel for the defendant contended that when a mortgagee agrees to accept a lower rate of interest he does no more than release that part of the debt which would be covered by the difference in rate Kolah before us justifies reconsideration of these opinions. g) The 2nd respondent had denied that he was responsible for the accident and stated that the ambassador car, which took a left turn from the branch road and came driving to its right side, suddenly turned to the left and therefore, the accident had occurred. Inasmuch as the prosecution has failed to establish the circumstances in which the appellant was alleged to have fired at the deceased, the entire story deserves to be rejected. nRam Dayal Dutta,(1) Ram Ranjan v. Kishori Lal(3), that it is always open to a mortgagee to release or remit a part of the debt, and when he does so he does not limit or extinguish an interest in immovable property any more than when he passes a receipt acknowledging payment of the whole or part of the money. nThe appellant company insured a car belonging to re- spondent No. 33 of the Arbitration Act and not by the arbitrator 1 and issued a policy which contained, inter alia, the following terms :--"All differences arising out of this policy shall be referred to the decision of an arbitra- tor to be appointed by the parties.
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