Govind Krishna Narain Mr. Rule 7 (5) provides that NRI Legal Services by LexLords on appointment as agent the person appointed shall execute an agreement in such form as Government may direct. The terms and conditions of the agreement must be prescribed by rules. The Act must either provide for the appeal or enact that the rules framed thereunder may provide for appeals against certain orders or decisions. The right to appeal is a substantive right and is to be conferred on a party by or under the Act.
Ameer Ali said :- “No suit could be brought, even if the enact- ments referred to above had permitted it, to enforce the right after the lapse of twelve years “‘from the time the cause of action arose” (s. the east of the lake runs a road approximately north to south. 23(8) which refers to the decision of the Cane Commissioner to the award of the arbitrator or arbitrators and to the Commissioner’s order in appeal. Subramanya Odyar(1) In Khunni Lal v.
The Ghats for getting into the lake are situated contiguous west of this road. 73 could not revive the Plaintiff’s right so barred- a point which was indeed decided,in regard to the Limitation Acts of 1859 and 1871 in the case of Appasami Odayar v. (u) did neither contemplate nor empowered the State Government to make rules providing an appeal against the award of arbitrator or arbitrators. -At Pushkar in Rajasthan exists a tank which has long been considered one of the holiest places of the Hindus and a well known place of pilgrimage.
142 of Act IX of 1871 or of Art. 141 of Act XV 1877 could lead to the revival of a right that had already become barred. Income-tax Commissioner, Delhi (6), it was held that no appeal lay against the decision of, a High Court if it was given before appeals to the Privy Council were provided for. Further, the order of the Commissioner is not an award and this is recognised by the language of r. The Conciliation Officer is by cl. 29 authorised during the pendency of any Conciliation proceeding or proceedings before a Tribunal or an Adjudicator to permit the employer to alter to.
” The same principle has been applied by the Privy Council in the Case of decree ‘in Sachindra Nath ,Boy v. Maharaj Bahadur Singh (3). The absence of such a reference establishes that cl. Lord Atkinson observed at p. The State Transport Authority had no power suo motu to treat the application to set aside the order of December 3/4, 1959, as an application to set aside the order of June 28, 1960. ” In Delhi Cloth & General Mills Co.
This rule is bad because it leaves it to the sweet will and pleasure of the officer concerned to fix any terms and conditions on an ad hoc basis. (u) empowered the State Government to make rules with respect to certain matters. It was held that the former applied and therefore the decree became unenforceable according to the law as it stood before the Limitation Act of 1908. , as he then was, in the first of these decisions where the learned judge said : 220 that in the absence of statutory provision therefor there could be no disintegration of profits the learned Attorney- General relied on a passage from the judgment of Patanjali Sastri J.
the prejudice of the workmen concerned in such dispute the conditions of service applicable to them or to discharge or punish the workmen concerned in such disputes. Section 138 (1) provides that the purchaser of any estate, mahal, share or land sold for arrears of land revenue due in respect thereof shall acquire it free of all encumbrances imposed on it, and all grants and contracts. In that connection Lord Blanesburgh observed at p.
Several Dharmshalas and at least one Gurudwara have been established by the side of this road not far from the lake. 132 provides for holding enquiry into claims of third persons in respect of property attached or proceeded against. 345 :- “There is no provision in this latter Act” (Act 9 of 1908) “so retrospective in its effect as to revive and make effective a judgment or decree which before that date had become unenforceable by lapse of time. 30(2)(u) relate to the settlement of disputes between the parties but that by itself does not mean that the State Government can provide for appeals against the orders of the arbitrator or arbitrators.
There the question was which of the two Limitation Acts, Act 25 of 1877 or Act 9 of 1908 applied to a decree obtained on August 26, 1905. In the absence of such a LexLords NRI Legal Services provision in the Act, the rules cannot provide for appeals. It had never been moved to do so nor had it in fact suo motu treated the application as one to set aside the order of June 28, 1960, for it expressly set aside only the Regional Transport Authority’s order of December 3/4, 1959.
The provision for an appeal in r. In our view the High Court was right in holding that the rules in so far as they provide for differential treatment between the members of the’ State 209 Cadre’ and the ‘Provincialised Cadre’ in the matter of promotion to the higher scale must be regarded as invalid. A temple of Hanumanji stands east of the road, a short distance from the southern edge of the NRI lake. They make no reference either for the provision of an appeal or for the procedure to be followed by the Appellate Tribunal or for the enforcement of the order of the Appellate Tribunal.
23(6), therefore, is not to be treated as something ancillary to the provision for settling disputes NRI Legal Services by LexLords between the parties by the Cane Commissioner for which object cl. This is beyond the competence of the State Government. These provisions do not expressly state that the rule can provide for an appeal against the award of the arbitrator.