Whether the qualifications, the duties discharged by the surveyors and Amins are same and identical so as to treat the Amins at par with that of the surveyors?
The Technical Rules and Instructions relating to survey work indicate that surveyors use more sophisticated equipment involving superior training and skills than Amins. surveyors use Theodolite for conducting traverse survey requiring knowledge of trigonometry and they are also trained in the use of equipment for the measurement of automatic levels and electronic distance measurement. The surveyors have to undergo a two-year specialized training in different kinds of surveying such as Topographic and Hydrographic surveying and Mine surveying and, are also trained in mechanics and drawing. On the other hand, the Amins are given training in simple survey work and in the use of relatively simple equipment such as Guntur’s chain, plane table, optical square. It is true that both surveyors and Amins undertake the survey work but the nature of duties discharged by both of them are different.
The Master of Philosophy (MPhil) entails the writing of a supervised thesis of up to 30,000 words, as well as completing a course in legal research method.
The MPhil is a three-term full-time programme with a usual residence requirement for three terms from the date of admission. The MPhil thesis must make a worthwhile contribution to knowledge and or understanding in its field.
The Doctor of Philosophy (DPhil) is the Faculty’s most advanced research qualification and entails writing a thesis of between 75,000 and 100,000 words, which must make a significant and substantial contribution to its field.
Full-time study for the DPhil usually comprises three to four years and part-time six to eight years, inclusive of research methodology training in the first year for full-time students and over years one and two for part-time students. The part-time study requires attendance for a minimum of 30 days of university-based work each year, normally coinciding with the full terms of the academic year.
In the case of K.K. Modi v. K.N. Modi, (1998) 3 SCC 573, a Bench of this Court (of which one of us was a member) had the occasion to consider the essential ingredients of an arbitration clause. Among the ingredients which are described in the said judgment, two important ingredients are; that the agreement between the parties must contemplate that substantive rights of parties will be determined by the agreed Tribunal and that the Tribunal will determine the rights of the parties in an impartial and judicial manner with the Tribunal owing an equal obligation of fairness towards both sides and also that the agreement of the parties to refer their disputes to the decision of the Tribunal must be intended to be enforceable in law. There is a difference between an expert determination and arbitration.
S.K. Chawla in the Law of arbitration and Conciliation at Page 164 states as follows:
“4. arbitration agreement to be distinguished from agreement for decision by an engineer or expert, contracts may contain a clause that on certain questions the decision of an engineer, architect or another expert shall be final. The decision given in such cases by the engineer etc., is not an award. As pointed out by Bernstein, such a person is under no obligation, unless the contract otherwise provides, to receive evidence or submissions and is entitled to arrive at his decision solely upon the results of his own expertise and investigations. The procedure involved is not arbitration, and the arbitration Act does not apply to it. The primary material on which such person acts is his own knowledge and experience, supplemented if he thinks fit by
(i) his own investigations; and/or
(ii) material (which need not conform to rules of ‘evidence’) put up before him by either party.
An arbitrator on the other hand, acts primarily on material put before him by the parties. The determination by an engineer or an expert would involve a less thorough investigation. Only one mind will be brought to bear on the problem. There will be no discovery of documents, there will not normally be any oral ‘evidence’ or oral submissions.”
The distinction between resignation and voluntary retirement in the following terms:
“22. … [quoting RBI v Cecil Dennis Solomon (2004) 9 SCC 461] In service jurisprudence, the expressions “superannuation”, “voluntary retirement”, “compulsory retirement” and “resignation” convey different connotations. Voluntary retirement and resignation involve voluntary acts on the part of the employee to leave service. Though both involve voluntary acts, they operate differently. One of the basic distinctions is that in case of resignation it can be tendered at any time, but in the case of voluntary retirement, it can only be sought for after rendering the prescribed period of qualifying service. Another fundamental distinction is that in case of the former, normally retiral benefits are denied but in case of the latter, the same is not denied. In case of the former, permission or notice is not mandated, while in the case of the latter, permission of the employer concerned is a requisite condition. Though resignation is a bilateral concept, and becomes effective on acceptance by the competent authority, yet the general rule can be displaced by express provisions to the contrary.”
The above observations highlighted the material distinction between the concept of resignation and voluntary retirement. The Court also observed that while pension schemes do form beneficial legislation in a delegated form, a beneficial construction cannot run contrary to the express terms of the provisions:
Read more: BSES Yamuna Power Ltd. Vs Sh. Ghanshyam Chand Sharma & Anr-05/12/2019
What distinguishes a Court from a quasi Judicial tribunal is that it is charged with a duty to decide disputes in a Judicial manner and declare the rights of parties in a definitive judgment. To decide in a Judicial manner involves that the parties are entitled as a matter of right to be heard in support of their claim and to adduce evidence in proof of it. It also imports an obligation on the part of the authority to decide the matter on a consideration of the evidence adduced and in accordance with law. When a question therefore arises as to whether an authority created by an Act is a Court as distinguished from a quasi Judicial tribunal, what has to be decided is whether having regard to the provisions of the Act it possesses all the attributes of a Court.Continue Reading
Harvard Institute for Economic Research developed the following map, showing the Ethnic Diversity in green areas with a high rate of diversity. India is not an Ethnically diverse but culturally diverse Nation.
Indian multiculturism, even though so, has a common source of origin, none other than ancient Vedic Civilisation. Bharatiya Sanskriti enjoys a unique homogenous pattern, which is essentially a sense of Cosmic Unity [Brahman] of all living and non-living beings within ‘private’, ‘public’, and universally levels.Continue Reading
A thesis (or dissertation) is a formal statement of the theory, source materials, methodology, and findings of a student’s major research project. It must be a complete and sufficient document that does not require subsidiary information to substantiate its findings.
A thesis, commonly required to obtain a master’s degree runs ordinarily 100 pages, is designed to test a student’s understanding of his or her field of study. The student formulates a proposition, or thesis, based on previous work done by others in the field. This previous work is analyzed by the student in his or her paper as he or she makes a case for a certain point of view and evaluate it with his/her own view. This required for the partial fulfillment of master degree.
A dissertation, on the other hand, is usually done by a doctorate student and focuses on original research. A student who is assigned a dissertation is required to come up with a subject in his or her field that hasn’t already been researched by anybody. The student then must come up with a hypothesis and do original research to prove or disprove the hypothesis.
In a suit for recovery of money, the following to aspect can be pleaded by the Defendant in his written statement .
Where a debtor has a cross-claim against a creditor, the reduction or extinguishment of the creditor’s claim by the amount of his cross-claim is ‘set off’
|Legal Set Off – order 7 rule 6
||Equitable Set Off -order 20 rule 19(3)
|Sum must be ascertained or liquidated
||Sum need not be ascertained or an unliquidated sum
|Court fees to be paid
||no need to pay court Fees
|to be claimed as a right
||Relief depends on the discretion of the court
|different transaction claim
||Same transaction claim
- Banker’s set-off
- Insolvency set-off
- Contractual set-off