NRI Legal Services – https://nrilegalservicessmethwick.wordpress.com. 67 entered into by the first defendant for himself and on behalf of defendant no. The plaintiffs have also included in this suit claim for damages, caused to them by illegal arrest and NRI Legal Services distraint of their articles and account books and papers and also mesne profit accruing due to dispossession which has occurred on 05. The fact that no oath or affirmation 175 was administered to any member and that there was no election of a Speaker also quite clearly indicates that the Lieutenant Governor was not summoning the new Legislative Assembly of the new Himachal Pradesh.
The problem before us is to determine which Assembly the Lieutenant Governor had convened. In our opinion the so called Legislative Assembly which was convened and which purported to pass the Abolition Act was not the Legislative Assembly of the new Himachal Pradesh created by the New State Act, therefore, the impugned Act cannot be regarded as a piece of validity enacted legislation. 35 does not arise at all. Of late, crime against women in general and rape in particular is on the increase.
Subramanya Shetty have failed to execute a sale deed in accordance with the terms of the agreement dated 02. Rape is not merely a physical assault ” it is often destructive of the whole personality of the victim. , new State of Himachal Pradesh could not proceed with the lapsed Bill. Whether absence of such a notification will vitiate the proceedings even if all the members properly elected to the Legislative Assembly are summoned and they take part in the proceedings after taking the oath and electing a Speaker need not be considered on this occasion.
The section postulates the existence of a duly constituted Legislative Assembly. This was symbolical delivery of the actual possession to which the 1st plaintiff was entitled in law. 25 and the first sitting of the new Legislative Assembly of the. 2011 passed by the High Court of Judicature at Madras in Writ Appeals No. The Supreme Court further held that mere writing of an order in the file, kept in the office of the authorities, is no order in the eye of law.
Nand Singh, [reported in 179 ELT (510) where the Apex Court while considering Section 35 of the Central Excise and Salt Act, 1944 held that the date of communication of the order will be the starting point of limitation for filing an appeal and not the date of the order, because, the order would be effective against the person affected by it only when it comes to the knowledge either direct or constructively, otherwise not. It is an irony that while we are celebrating womans rights in all spheres, we show little or no concern for her honour.
The fact that he summoned the Legislative Assembly to a second session signifies that he bad in mind the Legislative Assembly of the old Himachal Pradesh which already bad a sitting before and summoned it to a second session. These appeals are filed assailing the common judgment dated 25. Since the defendant nos. to their respective properties cannot be for a moment be justified or permitted and the first question raised on behalf of the petitioners must be answered in their favour.
15(3) of the Part C States Act or is made immune from challenge under s. 113, 207 and 208 of 2009 whereby the High Court while setting aside the order passed by the learned Single Judge observed that the object of the amending Article 16 (4A) of the Constitution of India is to give consequential seniority in addition to accelerated promotion to roster”point promotees thereby holding that ˜catch-up rule is not applicable among the Assistant Divisional Engineers appointed from the post of Junior Engineers following the rule of reservation.
Respondents placed reliance on Rule 35 (aa) of Tamil Nadu State and Subordinate Service Rules (General Rules) to contend that they are entitled to consequential seniority in promotional position. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female. Subramanya Shetty in respect of item No. They must deal with such cases with utmost sensitivity. 1 of suit schedule, the suit was filed for specific performance of contract dated 02.
Subbaiah Shetty has been included so as to give a binding decree against him also. The 1st plaintiff has filed an application for actual possession being delivered in pursuance of the judgment before Special 1st Class Magistrate, Srirangapatna, which was pending. We must remember that a rapist not only NRI Legal Services violates the victims privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. The courts, therefore, shoulder a great responsibility while trying an accused on charges of rape.
This is made further clear by the fact that the Lieutenant Governor must have known that the old Himachal Pradesh having ceased to exist its Legislative Assembly had also gone with it, and that a bill pending in the Legislative Assembly thus dissolved would have lapsed under s. It does not apply to a case where the Legislative Assembly has not at all been constituted and brought into being by a notification issued by the appropriate authority and then duly summoned by the Lieutenant Governor.
It is a sad reflection on the attitude of NRI Legal Services indifference of the society towards the violation of human dignity of the victims of sex crimes. Rule 35 (aa) relied on by the respondents reads as under:- *(aa). The present discussion is for the purpose of ascertaining as to what was -in the mind of the Lieutenant Governor when he issued the notification convening the second session of the Legislative Assembly and what he purported to do.
In this context the question whether the irregularity can be cured under S. As some of the documents have been produced by the first plaintiff in criminal cases before the Special 1st Class Magistrate, Srirangapatna, certified copies of the same were produced along with the original documents in the custody of the plaintiff with document list in triplicate for perusal of this Court. The seniority of a person in a service, class, category or grade shall where the normal method of recruitment to that service, class, category or grade is by more NRI Legal Services than one method of recruitment, unless the individual has been reduced to a lower rank as a punishment be determined with reference to the date on which he is appointed to the service, class, category or grade.
That being the position the interference with the rights of the petitioners in and. For convenience, parties are referred to as per their array in the appeals arising out of SLP (Civil) Nos.