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"Rogelio Carney" (2018-12-09)


NRI-LEGAL-SERVICES.png NRI Legal During the trial, depositions of the defendants' witnesses were recorded on commission. In these circumstances there can be no doubt at all that nrillegalservices the premises had been let out only to the respondent by the petitioner and that NRI Balkunj cannot be considered to be a tenant of the premises or any portion thereof. NRI Legal This system worked out very satisfactorily and 154 the direct recruit Section officers who were promoted to Grade I post performed their duties attached to the higher post duly and satisfactorily.

The landlord categorically asserted in these letters that he does not recognize Balkunj as his tenant and that the respondent alone was his tenant. All that the respondent says is that subsequently cheques were being issued in the name of Balkunj also and that this must be taken to lead to an inference that the petitioner had accepted Balkunj as its tenant. " Section 24 deals with the powers and duties of the Executive Council.

It is not unusual to come across cases where a tenant pays the rent not by a cheque drawn by himself but by a cheque drawn by some other concern in which he has an interest such as a partnership concern a limited company or other entity in which he is interested. is, therefore, arbitrary and inequitable. The objection was upheld by the learned Single Judge as also by the Divi- sion Bench. [572E-G] All that the provision requires is that for the period 5. "Vali Pero" arrived at the port of Calcutta, 10 non-Greek seamen on board that ship filed a suit in the admiralty jurisdiction of the Calcutta High Court for recovery of their dues.

It only evidences the fact that the landlord was receiving the cheques issued in the name of the trust in discharge of the respondent's obligation to pay the rent of Rs. and so 1064 long as he got this amount, it was immaterial for him whether the amount was paid in a lump sum or by one cheque or more than one cheque and who the makers of the cheques were. 6 during that earlier period. 350 drawn in the name of Balkunj cannot lead to an irresistible conclusion that the tenancy was created in favour of Balkunj with the concurrence of the landlord.

It is no doubt true that the rent has been paid by two cheques since November 1976 but the mere payment of rent by two cheques, in the circumstances of this case, cannot mean that there were two tenancies. The amendment of the eligibility qualification in 1984 providing a longer period of service as S. So, the mere fact that for some reason the respondent chose not to issue a single cheque for the rent of Rs.

78, far from "clinching" the respondent's claim, as held by the High Court, does not in our view improve the tenant's case at all. The landlord was entitled to a rent of Rs. Shanti Bhushan furhter submitted that even in accordance with the provisions of sub-rule (2) of rule 12 as amended in 1978 direct recruit Section officers after having rendered six years' approved service in the grade had been considered for promotion and were promoted to Grade I.

It is also true that, since the landlord was also occupying a part of the ground floor premises, he might have been aware that certain activities of Balkunj were being carried on in the hall. It does not contain any operative words that require s. 78 place the matter beyond all doubt. But this can only mean that the landlord permitted the tenant to use a portion of the premises let out for running the activities of the trust.

At that time, admittedly, there was no question of Balkunj being the tenant in respect of any portion of the premises. 600 but that he gave two separate cheques, one for Rs. It is very difficult to accept this argument. 250 drawn by himself and one for Rs. So, the validation section declares that the section should be read, even earlier, as if it comprehended also these substantive provisions. These powers and duties are wide and varied and it is sufficient if we read sub-sections (1), (xxix) and (xii) of sec.

Objection was raised on behalf of the plaintiffs to reception in evidence of these depositions on the ground of absence of witness' signature of the deposition as re- quired in Rule 4 of chapter XXII of the Calcutta High Court Rules, 1914, applicable to the Original Side. When the foreign vessel M. It was earlier not clear whether all these provisions could be read into the section before 7. 76, the date when the amendment Act came into force. 9(1) of the Principal Act being read in the form in which it has been amended by s.

Nevertheless there were two witnesses who deposed that the original tenancy agreement was only between the petitioner and the respondent. There was no reply to these letters from the respondent. 461 "23(1): The Executive Council shall be the principal executive authority of the University, NRI Legal services and NRI Legal services shall consist of the following members, namely,: (i) the Vice-Chancellorex- officio Chairman. Even assuming that, standing by themselves these two facts might have been sufficient to draw any such inference as is suggested, the two letters of 5.

It is in this context that the NRI word "also" is used. NRI Lawyers 76, the section is to be read as if it also included the additional substantive provisions referred to therein.