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NRI Legal Services Punjab - How to deal with property related legalities in sale of property without coming to India by LexLords - The Definitive Guide to NRI Legal Services

"Roxanne Krieger" (2018-12-08)

On the merits, it appears to us that, so far as the shunting engine charges NRI Legal services are concerned, the decision given by the Tribunal NRI Legal for arriving at the figure of Rs. Taking those circumstances into account on the one side, and keeping in view on the other side the fact that, in the year 1959-60, there must have been a rise in the cost of running the shunting engine, as compared with the rate which was fixed in the year 1956-57, the Tribunal estimated that a reasonable rate for the shunting NRI Legal engine charges NRI Legal will Rs.

HOs9SZc.pngThe 1969 Act imposes direct responsibility only on the employer. 20/- per hour as the cost incurred by the Railway does not suffer from any such error as would justify interference by us. The finding of fact recorded by the Tribunal does not suffer from any such error as could induce us to go into this question as a regular Court of fact. These and other cases led the Law Commission to describe the effect that unlawful performance has on the parties’ contractual rights as very unclear.

It also took into account the fact that the calculation was based on the assumption NRI Legal that a shunting engine would be running, on an average, @ 5 miles an hour for 12 hours a day, while, when calculating depreciation, the documents provided by the Railway itself showed that the average run of a shunting engine was calculated at 90 miles a day. Consequently, we think that the figure of Rs. Parliament has recognised that a director or officer may bear some responsibility for the failure to insure, but has dealt with it, not by imposing direct responsibility equivalent to that of the company, but by a specific and closely defined criminal penalty, itself linked to the criminal liability of the company.

The equivalent issue would be whether that is to be treated as giving rise to civil liability on the employer for failure to insure, notwithstanding the criminal liability imposed on him by section 5. We do not think that the principles adopted by the Tribunal are in any way incorrect or suffer from any such error as would justify our examining the whole evidence considered by the Tribunal for ourselves and making fresh detailed calculations in order to find out whether this figure of Rs.

The Tribunal took into consideration, the figures, provided by the Railway, of expenditure incurred per hour on the running of all types of engines, and noticed NRI Legal the fact that the cost in the case of shunting engines must be lower due to the inferior quality of coal consumed in them, when compared with the coal consumed in engines attached to passenger trains or even engines pulling the regular goods trains. Far from supporting Mr Smith’s arguments, this analogy points in the opposite direction.

Comparison with Monk v Warbey is instructive. To be able NRI to abridge, or take away the Fundamental Rights which give so many assurances and guarantees a fresh Constituent Assembly must be, convoked. That issue (on which there were differences in the courts below) does not arise in this appeal. In that case Parliament dealt specifically with both the user, and any person causing or permitting the use, and determined to impose direct responsibility on each.

Without such action the protection of the Fundamental Rights must remain immutable and any attempt to abridge or take them away in any other way must be regarded as revolutionary. The Amending Act passed by Parliament also included a sub- section which read "(2) No law in force in the territory of India, immediately before the commencement of the Constitution which is consistent with the provisions of article 19 of the Constitution as amended by sub-section (1) of this section shall be deemed to be void, or ever to have become void, on the ground only that being a law which takes away or abridges the right conferred by sub-clause (a) of clause ( I ) of the said article, its operation was not saved by clause (2) of that article as originally enacted.

(Consultative Report on the Illegality Defence, LCCP 189 (2009), para 3. 20/per hour arrived at by the Tribunal, as representing the cost of the Railway for running the shunting engine must be accepted. There was also the circumstance that, in making the calculation, certain expenses had been included which were in no way connected with shunting ,operations, such as expenses on ticket checking staff. The statute in that case (Road Traffic Act 1930, section 35) provided by subsection (1) that it was not lawful for any person "to use, or to cause or permit any other person to use" a motor vehicle on the road unless insured; and by subsection (2) imposed a criminal penalty on "any person" acting in contravention of the section.

Laws so made can affect those parts of the Constitution which are outside the restriction in Art. It was held that civil liability was not excluded by the separate provision creating a criminal offence. However, there is no analogy with the position of a director or officer. 13 (2) but any'law (legislative or mendatory) passed by such a body must conform to that article. The basis of a run of 60 miles a day of the shunting engine adopted by the Railway for calculating shunting charges could not, therefore, be accepted as correct.

PXadhAr.png20 per hour arrived at by the Tribunal should be varied to some extent. In these circumstances, we do not think it necessary to discuss in detail the evidence given by the Railway which was placed before us by learned counsel for the Railway to challenge the finding arrived at by the Tribunal.