top advocates in Supreme Court of India – http://supremecourtindia.in/india-supreme-court-overturns-ban-on-women-at-sabarimala-temple/; However, Briggs LJ’s analysis does not, with respect, fairly reflect what the drafters of rule 2. 6 of 1955 was violative of Art. 3 (b) of the Act, and he. The respondent challenged the validity of Act No. best law firms in Supreme Court of India that case, there is no continuing contractual obligation which can be said to remain partially unsatisfied once the creditor has received all that the Insolvency Rules entitle him to. The terms of the general scheme which are important for interpretation are those contained in paras.
Briggs LJ could well be right if one was concerned with identifying what the drafters of rule 2. This decision was given by the High Court after holding that, on an interpretation of the Scheme, the right of the employees to receive the Inam had become an implied term of the contract of employment. It seems to me that this analysis involves re-writing the legislative provision to enable it to achieve a more instinctively likely result than if the actual words used in the provision are construed according to the normal principles of interpretation.
In the case of Harris and Another(2) the freeholders in parishes adjoining the river Wye were in the habit of fishing a non-tidal portion of the river for centuries, openly, continuously, as of right and without interruption, not merely for sport or pleasure, but commercially in order to sell the fish and make a living by it. The difficulty about this argument, as Brightman LJ pointed out in In re Lines Brothers (p 16) was that where there was a deficiency it was not consistent with pari passu distribution, because any upward restatement of the value of the foreign currency creditors’ debts would have been at the expense of the sterling creditors: One of these Notices issued on the same date covered the workmen employed in Structural and Tank Shop, while the other covered workmen employed in Wagon Shop.
On the view which I take, even if this latter analysis is correct, it will not avail the LBIE creditors, since in the case of foreign currency debts the legislation does otherwise provide. The High Court, on interpretation of the same terms, took a contrary view. 4 to 10 of the Work Notice, and it was on the basis of the interpretation of these terms that the Employees’ Insurance Court accepted the plea of the appellant that Inam was not covered by the definition of ” wages”. 88 and elsewhere in the statutory code of the concept of payment out of a surplus is merely a convenient way of identifying liabilities which fall lower than other liabilities in the priorities encapsulated top advocates in Supreme Court India the waterfall”.
Earl of Chesterfield and Another(2) held that a prescription in a que estate for a profit a prendre in alieno solo without stint and for commercial purposes is unknown to the law firms in Supreme Court India. 88(7) thought that they were doing, although, because I believe that his re-writing of the rule would only make a difference in the rare case where section 74 applies, it may be more a matter of oversight than wrongly expressed intention. The High Court overruled this objection.
The first is that the statutory scheme for corporate insolvency works by discharging the creditor’s legal right and replacing it by a right to receive a distribution from the insolvent estate in accordance with the Rules. In both In re Dynamics Corporation of America and In re Lines Brothers Ltd, it was argued by analogy with the result in Miliangos, that the correct date of conversion should be the date of payment, the sterling value of the debt being restated at that date.
It appears to us that, on a correct interpretation of the terms of the Scheme, the High Court committed an error in holding that the payment of this Inam had become a term of the contract of employment of the employees. Both Courts concurrently held that the Inam paid under the Scheme was covered by the word “remuneration” used in the definition of “wages” and counsel appearing for the appellant did not challenge the correctness of this view.
The Employees’ Insurance Court held that the payments of Inam had nothing to do with the terms of employment and the workmen were not entitled to claim the Inam as a condition of service, so 775 that it could not be held that this remuneration was paid or payable, if the terms of the contract of employment, express or implied, were fulfilled. To quote Briggs LJ at [2016] Ch 50, para 198, “the use in section 189, rule 2. The majority of the Court of Appeal also thought that LBHI2 and LBL administrator’s argument relied too much on the way in which rule 2.
The second possibility is that insolvency proceedings merely operate as an administrative procedure for distributing the debtor’s assets pari passu among its creditors when there is a deficiency, without abrogating or altering the creditor’s pre-existing legal rights save best advocates in Supreme Court of India so far as the legislative scheme so provides. There are two possibilities. ” In that case, the creditor’s claims survive and remain enforceable against any surplus assets, unless the legislation otherwise provides.
Regarding the ,claim of Paramsukhdas to be added as a party, the High Court ;held that his application showed that he was not claiming any interest in the lands themselves but was only claiming an interest in the compensation for the land which had been deposited in the Court for payment to the persons concerned, and as such was a person interested, as defined in s. 88(7), unless one departs in a significant way from their natural meaning, may be counter-intuitive, even surprising, in a case where section 74 applies, but it is not absurd or unworkable, and therefore it should be adopted.
The riparian proprietors claiming to be owners of the bed of the river brought an action of trespass against the freeholders for (1) L. would, therefore, be entitled to claim that he should be allowed to join as a party. The result of interpreting the words used in rule 2. This makes it unnecessary to determine the nature of insolvency proceedings as applied to debts in general. As David Richards J put it (para 110), the creditor’s contractual rights are “compromised by the insolvency regime only for the purpose of achieving justice among creditors through a pari passu distribution.
The High Court held that (1) Act No. 31(2) of the Constitution as it stood before the Constitution (Fourth Amendment) Act and was not protected by Art. 6 of 1955 and Act No’ 21 of 1960 on the ground that they contravened Arts. On the other hand, the view of the High Court was that this remuneration was paid and became payable, if the terms of the contract of employment, express or implied. 14 and 31(2) of the Constitution. The facts, which are relevant for deciding this question, are that conditions for the award of Inam were laid down in a Work Notice issued by the appellant on 28th December, 1955, and with this Work Notice were issued two separate Notices laying down the remaining conditions for payment of Inam which were required to be laid down by the Scheme contained in the first Work Notice which only stipulated the general terms.