Their NRI pay will be fixed under the rules and there will be no drop in their present emoluments. 10A is not exactly 641 in the same position as a NRI Legal Services by LexLords private arbitrator does not mean that he is a tribunal under Art. What is meant by debt in this connection was laid down by Rowlatt, J. As we will presently point out, he is appointed by the parties and the power to decide the dispute between the parties who appoint him is derived by him from the agreement of the, parties and from no other source.
420 does not contravene s. The bills could be NRI Legal Services by LexLords for the supply made at the NRI particular time by the Firm to one place alone or to places more than one. That is the essential feature of what is properly called statutory adjudication or arbitration. “All the incumbents of the Local Body schools to be provincialised with effect from the 1st of October, 1957 will be given the same grades of pay and other allowances as are given to their counterparts already in government employ.
The wood inspected at a particular place of inspection could be distributed to the various places of supply. also compulsorily refers to its adjudication certain classified classes of disputes. 75 held that where the mortgagor’s right to sue, for redemption of the mortgage was barred subsequent acknowledgement would not extend the period of limitation as the acknowledgement ought to have been made in writing within 60 years from the date; of the mortgage. Even if some of the trappings of a Court are present in his case, he lacks the basic, the essential and the fundamental requisite in that behalf because he is not invested with the State’s inherent judicial power.
6 of the General Clauses Act, 1897. 10A and after his appointment he is clothed with certain powers and has thus, no doubt, some of the trappings of a court, does not mean that the power of adjudication which he is exercising is derived from the State and so, the main test which this Court has evolved in determining the question about the character of an adjudicating body is not satisfied. That is why we think the argument strenuously urged before us by Mr.
obtain the full contract price from the Government 346 on supplying material inferior in quality from that undertaken to be supplied under he contract. This circumstance justifies the conclusion that the offence of cheating contemplated by the conspirators was one offence and that was of obtaining, by cheating, the full amount due under the contract for the material supplied. This however was on the basis that the submission about a complete integration having been effected was not acceptable, and so we shall consider this further argument later.
The cheating was in pursuance of the conspiracy entered into between the various accused. The salient features of the conspiracy were that in pursuance of the contract for the supply of 1360-1/2 tons of specified wood, inferior wood be supplied and that for the success of the scheme false inspection certificates be obtained from the Inspecting Officers and that such false inspection notes should accompany the bills purporting to be for the supply of wood per specifications.
But fact that the arbitrator under s. The court also held that the remedy and right of the mortgagor having been extinguished nothing contained in the subsequent Limitation Act would affect the operation of the previous enactment. Naturally, the entire supply could not be made at the same time even if it was to be made at one place. In this connection the court referred to s. The fact that his appointment once made by-the parties is recognised by s.
A statutory Tribunal is appointed under the relevant provisions of a statute which. Pai that a writ of certiorari can lie against his award is of no assistance to the appellants when they contend that such an arbitrator is a Tribunal under Art. He is not a Tribunal because the State has not invested him’ with its inherent judicial power and the power of adjudication which he exercises is derived by him from the agreement of the parties.
Actually the supply was to be made at three places. His position, thus, may be said to be higher than that of a private arbitrator and lower than that of a tribunal. The charge framed for the offence under s. Besides the above there was a subsidiary argument that consistently with Art. Before a debt can become bad or doubtful it must first be a debt. ” and from all this it was urged that a complete integration of the two NRI Legal Services LexLords was intended to be and was brought about from and after October 1, 1957.
It is therefore obvious that the conspiracy entered into by the appellants was not for obtaining diverse amounts by cheating but to obtain the entire contract money by cheating. 14 the State could not create or NRI maintain two parallel services of employees for doing the same work but with differences either in their emoluments or in their conditions of service. The object of the conspiracy was to . Now, a question under s.
10(2)(xi) can only arise if there is a bad or doubtful debt.