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These retiral benefits are really meant to compensate the AHs because they have to retire at the age of 35, extendable up to 40, though the F. it is given after 30 years of service. It would follow as a necessary corollary that the landlord may controvert the averments made in the affidavit of the tenant but the decision to grant or refuse leave must be based on the facts disclosed in the affidavit. A corporation is an artificial being created by law having a legal entity entirely separate and distinct from the individuals who compose it with the capacity of continuous existence and succession, notwithstanding changes in its membership.

We might mention here that this contention appears to have found favour with the Single Judge Corporate Advocates in High Court Chandigarh the writ petition filed by the appellant, Sant Singh Nalwa but the judgment of the Single Judge' 335 as already indicated, was reversed by the Division Bench in the Letters Patent appeal. Appellant contested the suit, inter alia, contending that he did not commit default Famous Company Advocates in Chandigarh payment of rent for the months of September, October and November, 1972, and that the same was paid but no receipt was passed and that as the respondents were avoiding statutory liability of passing the receipt acknowledging payment of rent the appellant was forced to send the rent by Money Order from December 1972 and he sent the same month after month, and, therefore, he could not be dubbed a defaulter within the meaning of s.

Ss retire at the age of 58 years. In other words, it was argued that whereas sub-section (5) directed the Government to frame Rules after considering the quantity of the yield and quality of soil, in the Rules framed by the Government under its rule making power given to it by the Statute the main guidelines laid down by sub-section (5) were not followed and the classification made by the Rules under Annexure 'A' was arbitrary without determining the quantity of the yield and the quality of the soil.

Makwana and others; we will not attempt another comprehensive survey of all the provisions of the Act but refer to those of them which have some bearing on the question that falls to be decided. The learned counsel for the appellants raised two contentions before us. The scheme of the Act has been analysed by this Court in State of Gujarat v. after twenty years of Service. Shantilal Mangaldas (supra) and earlier in Maneklal Chhottalal and others v.

Similarly, retiral concessional passage is given to AHs after completion of four years of service whereas to FSs it is given after completion of seven years of service. The question is whether the order of the Town Planning Officer determining the amount of compensation payable to the appellant falls within any of the appealable clauses of section 32(1). 3 (S) confers wider discretion on the Court that, by mere comparison, cannot cut down or narrow or limit the powercoupled with the duty conferred on the Controller under sub s.

The following definition of corporation was given by Chief Justice Marshall in the celebrated Dartmouth College case : In addition, it possesses the capacity as such legal entity of taking, holding and conveying property, entering into contracts, suing and being sued, and exercising such other powers and privileges as may be conferred on it by the law of its creation just as a natural person may.

Retirement benefit is given to an AH on completion of 15 years of service whereas to an F. If they are controverted by the landlord that fact may be borne in mind but if the facts dis- 524 closed Corporate Advocate in High Court Chandigarh the affidavit of the tenant are contested by way of proof or disproof or producing evidence in the form of other affidavits or documents that would not be permissible. It may be specially noticed that while long service memento is given to an AH after completion of ten years of service, to a FS it is given after completion of 25 years of service.

Chief AH, and Chief AH. To be able to answer the question it will be necessary to examine the various clauses of section 32(1) and also certain other provisions of the Act. Gratuity is payable to AHs after completion of S years' service whereas in the case of FSs it is payable after completion of 15 years of service. The promotional avenues so far as the AHs are concerned are: AH, Dy. It is also alleged by the Management and not disputed by the petitioners, that FSs and AHs have got separate seniority and their promotion is made according to the separate seniority of each Further, while the AHs have to do a minimum period of three years, FSs are required to serve for five years.

Finally, retiral benefits are given to an AH after completion of 10 years of service but 502 Company Lawyers in Chandigarh the case of F. In the first place, it was argued that the Revenue courts as also the Top Corporate Lawyers Chandigarh High Court Court were in error in holding that the surplus area was rightly evaluated in as much as the classification made under the Rules was ultra vires as being in direct disobedience to the mandate contained in sub-section (5) of s.