Scheme Proof Purpose - The primary purpose of schemes, such as the State Capital Investment Scheme (1990), is to define eligibility criteria, including proof of investment or registration within specified timelines (e.g., registering as a Unit with proof of investment before 30-4-98). The scheme's main aim is to facilitate benefits like subsidies for qualifying new industrial units, emphasizing the importance of establishing the status and compliance of units under scheme conditions. S. G. Steels & Alloys Private Ltd. VS State of Rajasthan - Rajasthan
Proof of Loss and Entitlement - Under schemes like Section 163A, the purpose is to dispense with proof of actual loss suffered by claimants, focusing instead on prescribed criteria or schedules (e.g., the Second Schedule's multiplier). Legal heirs are entitled to benefits based on schedule figures without proof of loss, aligning with the scheme’s object of simplifying and streamlining claims. National Insurance Company Ltd. VS Chacko - Kerala
Scheme Modification and Administration - Modifications to schemes are for administrative purposes and can be made through relevant clauses without the need for extensive legal proceedings. The purpose of such modifications is to improve scheme efficacy, protect interests, or adapt to changing circumstances, often involving applications under scheme provisions. C. R. Radhakrishna Pillai VS Bhargavi Amma - Current Civil Cases
Proof of Notice and Compliance - In rent and tenancy schemes, the proof of receipt of notices (e.g., rent demands) is crucial. The scheme's purpose is to ensure proper communication and compliance, placing the burden on landlords to prove notices were duly received, which is fundamental to scheme implementation. DHRUVAKUMAR HARIBHAU GUJRATHI VS DATTATRAYA SHANKAR CHIKHLIKAR - Bombay
Proof of Eligibility for Pension Schemes - For schemes like the Freedom Fighters' Pension and Swatantrata Sainik Samman Scheme, proof of suffering or service (e.g., certificates, documents) is essential to establish entitlement. The purpose is to honor sacrifices made by individuals, with the scheme emphasizing liberal interpretation and the importance of authentic proof for eligibility. GOKUL CHANDRA PANJA VS UNION OF INDIA - Calcutta, T.O.THOMAS Vs UNION OF INDIA - Kerala, P. S. PERIAIAH VS GOVERNMENT OF INDIA - Madras
Proof of Residence and Eligibility in Rehabilitation Schemes - Documents establishing residence (e.g., biometric surveys, bank records) are considered holistically to ensure eligible beneficiaries are included. The scheme aims to provide fair rehabilitation, relying on comprehensive proof to prevent exclusion. Beni VS Government Of NCT Delhi - Delhi, Dinesh Kumar VS Union Territory, Chandigarh - Punjab and Haryana
Overall Analysis and Conclusion - Across various schemes, the core purpose of proof requirements is to establish eligibility, compliance, and entitlement efficiently and fairly. The schemes aim to streamline benefits, prevent misuse, and honor individuals' sacrifices or contributions, often allowing flexible interpretation of proof to serve their social or administrative objectives. The emphasis is on facilitating rightful beneficiaries' access while maintaining scheme integrity.
Unit" for the purpose of the scheme which gets registered with a proof of investment with SLC/DLCs on or before 30-4-98 – The petitioner ... State Capital Investment Scheme, 1990, Clause 4(h) – Grant of benefit of subsidy – ``New Industrial Unit" – Meaning and scope – Requirement ... and starting commercial production within a priod of six months after the closing date of the scheme would be a "New Industrial ... new industrial unit for the purpose of the scheme, prov....
The very purpose and scheme of S.163A dispenses with the requirement of proof of the actual loss suffered by the claimant. ... For what purpose is the 'multiplier'� furnished in the chart/table in the Second Schedule? ... We have already taken the view that the legal heir is entitled to the amount indicated under the Second Schedule without proof of ... An interpreter cannot lose sight of the basic purpose, object and thrust of the scheme under a newly introduced stat....
modification is for purpose of administration—Plaintiffs averred that existing scheme was not fool proof to protect the interest ... —Held, that a modification of a scheme settled can be had by an application made under relevant clauses of scheme without necessity ... 1908—Sections 115, 9, 11 and 92—Administration of private religious trust—Whether a suit is maintainable for modification of a scheme ... The suit for settlement of a scheme is analogous to an administra....
But for the purpose of the scheme of the Act most important aspect is a proof and or unrebutted presumption of receipt of the notice ... . - As per the scheme of the Bombay Rent Act or for any other such legislation, the demand of rent through a notice, goes to the ... Looking to the scheme, the heavy burden lies on the landlord to prove that the demand notice was duly received by the tenant. ... But for the purpose of the scheme of the Act most important aspect is a ....
FREEDOM FIGHTERS PENSION - SWATANTRATA SAINIK SAMMAN SCHEME - SCHEME FOR GRANT OF PENSION - ENTITLEMENT - PROOF OF SUFFERING - ... Giri must be taken as proof of the petitioner's claim in terms of the Pension Scheme. 3. ... Giri must be taken as proof of the petitioner's claim in terms of the Pension Scheme. Issues: 1. ... Giri must be taken as proof of the petitioners claim in terms of the Pension Scheme. ... ... ... ( 1 ) THE Co....
Rehabilitation Scheme - Allotment of Tenements - Chandigarh Small Flats Scheme, 2006 - [REHABILITATION SCHEME] - [Chandigarh Small ... Flats Scheme, 2006] - [3, 4, 6, 7] - The court discussed the Chandigarh Small Flats Scheme, 2006 and its provisions, including the ... Issues: The issues involved the eligibility criteria for allotment of flats under the rehabilitation scheme, the reliance ... The twin conditions i.e. appearance of the name in the bio-metric survey corroborated by othe....
Ratio Decidendi: The court held that the standard of proof for pension applications under the Freedom Fighters' Pension Scheme ... Pension - Freedom Fighters - Scheme, Section 2 - The court highlighted the liberal interpretation of the Freedom Fighters' Pension ... Scheme and the need to respect the sacrifices made by freedom fighters, directing the reconsideration of the petitioner's case based ... Once the country has decided to honour such freedom fighters, the bureaucrats entrusted with the job of examining the case....
clear and categorical that other documents which may establish residence at said Jhuggi would have to be considered holistically purpose ... In order to ensure that no eligible JJ dweller (s) is left out from the Rehabilitation Scheme, the following documents will be considered for the purpose of proof of residence: a. ... She also relies upon her own bank records, bank passbook etc. for the said purpose. 11. Ld. ... Thereafter, guidelines were issued by the GNCTD titled as ‘Guidelines for implementatio....
In all other cases, where there is no acknowledgement or proof for such representation, the same cannot be trusted upon for the purpose ... In the absence of any such proof or acknowledgement, the said representation cannot be trusted upon for the purpose of granting relief ... of extending the benefit of the scheme of compassionate appointment. ... In all other cases, where there is no acknowledgement or proof for such representation, the same cannot be trusted upon for the ....
process the application submitted by the original petitioner and grant the pension under the Swatantrata Sainik Samman Pension Scheme ... The other reason that the certifiers, who were not eligible to issue certificate, cannot also be appreciated because after all for grant of pension under samman scheme some proof has to be produced for the purpose of eligibility for grant of pension. ... In fact, even his claim for grant of pension under the samman scheme was also recognised by the Collector of Distri....
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