Simranjeet Law Associates The Best Side Of Advocates In Chandigarh High Court
" In short, there is no escape from the, conclusion that the ambit, scope and effect of the non-obstante clause are, to supersede the Indian Bar Councils Act and any other Act only in so far as they regulate the conditions referred to therein. nYours faithfully, Sd/- (U. 1994 on the basis of which Deed of Amendment was registered on 30. Salary is not attach- able to the extent provided in Section 60, clause (1), Civil Procedure Code, but there is no such exemption as regards arrears of salary.
From the above mentioned letter, it is clear that Deed of Appointment dated 13. The amount receivable by the dependants / claimants towards the head of pay and allowances in the form of ex-gratia financial assistance, therefore, cannot be paid for the second time to the claimants. There can be no manner of doubt, therefore, that the words "to practise" in the non-obstante clause mean, in the context, "to appear and plead". The harmonious approach for determining a just compensation payable under the Act of 1988, therefore, is to exclude the amount received or receivable by the dependents of the deceased Government employee under the Rules of 2006 towards the head financial assistance equivalent to pay and other allowances that was last drawn by the deceased Government employee in the normal course.
That being so, now we have to examine whether it is the plaintiff who was validly nominated Donor Trustee or the State Government? He similarly examined the defendant I the 10th March, 1945, and got from him the statement which is Exhibit No. The purpose of the non- obstante clause is to supersede only the provisions of the Indian Bar Councils Act and the rules which regulated those, identical conditions. So far as the claim towards loss of future escalation of income and other benefits, if the deceased Government employee had survived the accident can still be pursued by them in their claim under the Act of 1988.
, that must remain unaffected and cannot be allowed to be deducted, which, any way would be paid to the dependents of the deceased Government employee, applying the principle expounded in Helen C. It was this award that was challenged by the plaintiff. The arbitrator entered upon the reference and the 6th March, 1945, examined the plaintiff and got from her a statement which is Exhibit No. 1, in the suit the 27th February, 1945, all the parties filed a petition under section 21 of the Arbitration Act agreeing to appoint Sri Konakondla Rayalla Govindappa Garu as the 'sole arbitrator' for settling the disputes in the suit and to abide by his decision, and asking the Court to send the plaint, written statement and other records to the arbitrator for his decision.
Rebello and Patricia Jean Mahajans cases (supra). I again emphasise that the rules of the different High Courts regulated the conditions subject to which a foreign advocate Chandigarh would be permitted "to appear and plead. True it is, that the Rules of 2006 would come into play if the Government employee dies in harness even due to natural death. 1957, it is clear that B. It is not seriously disputed that the legislature in passing the non-obstante clause had only those conditions in mind.
1995 was referred by the State Government, and it cannot be said that the State Government had not approved the Resolution dated 10. " also attached to and qualified the words "Indian Bar, Councils Act. The learned Attorney-General conceded that this portion of the amount can be proceeded against in execution. SHARMA) PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT. The supersession of the whole of the Indian Bar Councils 63 Act will not, therefore, affect the validity of the rules framed by the High Courts under their respective Letters Patent determining the persons who will act and who will plead or who will act and plead and those rules will prevail their own strength and efficacy, although the rules regulating the conditions subject to which foreign top advocates (try this) can be permitted to appear and plead will stand abrogated by reason of the non-obstante clause.
nProvided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental. ] (c) in the case of an artistic work,- [4][(i) to reproduce the work in any material form including " (A) the storing of it in any medium by electronic or other means; or (B) depiction in three dimensions of a two dimensional work; or (C) depiction in two dimensions of a three dimensional work;] to communicate the work to the public This conclusion does not, however, apply to the arrears of salary and allowance due to the judgment-debtor as they stand upon a different legal footing.
When the plaintiff was being examined as P. Similarly, other benefits extended to the dependents of the deceased Government employee in terms of sub-rule (2) to sub-rule (5) of Rule 5 including family pension, Life Insurance, Provident Fund etc. " There was no question of the foreign advocate Chandigarh "acting" in a High Court of which he was not an advocate Chandigarh. After obtaining the two statements, the arbitrator made and published his award the 12th March, 1945. In the premises, the result of the construction sought to be founded by the petitioner Aswini Kumar, Ghosh the existence of the comma in the non-obstante clause will be precisely the same as it would have been if the comma had not been there and the adjectival clause "regulating the conditions etc.
This is not to say that the amount or payment receivable by the dependents of the deceased Government employee under Rule 5 (1) of the Rules, is the total entitlement under the head of loss of income. At the same time, the Rules of 2006 do not expressly enable the dependents of the deceased Government employee to claim similar amount from the tortfeasor or Insurance Company because of the accidental death of the deceased Government employee.
For, it is not covered by the Rules of 2006. From the para (IV)(i) of the original Trust Deed dated 02. The suit came for hearing and final disposal before the Subordinate Judge of-Anantapur. A reference to arbitration was accordingly made by the Court.
