NRI Legal Services assist on how to sell property in India by Simranjeet Law Associates

Union of India; [1990] INSC 85; (1990) 3 SCC 223). 2004 should be treated as notice for arbitration for the purpose of Section 21 of the Arbitration Act was rightly not pursued further by Mr. 73 of the amended section clearly indicates. We then come to the conclusion that the suit was premature and’ must fail. He conceded that it could happen only after buyers got their advance licences invalidated. This contention has been rejected by the High Court and the appellant urges that the High Court was in error in rejecting its case.

The argument is that the words ” at the rate applicable to the total income of the company ” must be strictly and literally construed and reliance is placed on the principle that fiscal statutes must be strictly construed. On the other hand, NRI Legal Services as observed by Maxwell ” the tendency of modern decisions upon the whole is to narrow materially the difference between what is called a strict and beneficial construction (1) “. But the Courts have gone beyond this.

74 of the Representation of the People Act, 1951, has to be issued. The averments and the materials are not sufficient to establish the claim of the appellant that the proceeding ceased to be bona fide after 13. In this sense it would mean the rate actually applied. Submissions made about NRI Legal Services the Curative Petition do not appeal to me as they are irrelevant and there is no substance in them. If he has agreed to forfeit wholly his right to redeem in certain circumstances, that agreement will be avoided.

State of J 1989 Supp (2) SCC 364 and Shri Sitaram Sugar Co. He emphasized that DGFT could still refuse to issue the advance licence for intermediate supply to the assessee. “Applicable”, according to its plain grammatical meaning, means capable of being applied or appropriate; and appropriateness of the rate can be determined only after considering all the relevant statutory provisions. He sought to discredit the opinion of the Court in the said case by arguing that the advance licence for intermediate NRI Legal Services supply was granted by the DGFT to the assessee under the EXIM Policy and it had nothing to do with the buyer.

While exercising the power of judicial review of administrative action, the Court is not the Appellate Authority and the Constitution does not permit the Court to direct or advise the executive in the matter NRI Legal Services of policy or to sermonise qua any matter which under the Constitution lies within the sphere of the legislature or the executive, provided these authorities do not transgress their constitutional limits or statutory power. That notification -gives life to the Legislative Assembly as s.

The issue whether the first notice NRI Legal Services dated 8. If it is so, it would be open to His Excellency The Governor of Maharashtra to dispose of the said application before the date on which the sentence is to be executed, if His Excellency wants to favour the petitioner. Thus, the position is that even if the decision taken by the Government does not appear to be agreeable to the Court, it cannot interfere. When the clause refers to the rate applicable, it is necessary to remember that it refers to the rate applicable to- the total income of the company for (1) Maxwell on ” Interpretation of Statutes “, 10th Ed.

The rule against clogs on the equity of redemption no doubt involves that the Courts have the power to relieve a party from his bar ‘gain. The appellant’s case is that the expression ” at the rate applicable to the total income ” means the rate prescribed by paragraph B of the Act and not the rate at which income- tax has actually and in fact been levied. 2003 or the next notice dated 26. We, therefore, think that the bargain was a reasonable one and the eighty-five years term of the mortgage should be enforced.

The scope of judicial enquiry is confined to the question whether the decision NRI Legal Services taken by the Government is against any statutory provisions or its violates the fundamental rights of the citizens or is opposed to the provisions of the Constitution. (b) is read as a whole, and all the material words used are given their plain grammatical meaning, its construction would present no serious difficulty. Now the words ” the rate applicable ” may mean either the rate prescribed by paragraph B or the rate actually applied in the light of the relevant statutory provisions.

In the case of IFGL[4], this Court has given the answer in the affirmative to the aforesaid issue. As a consequence of aforesaid discussion, the challenge to impugned order in respect of views taken on the issue of limitation in the light of principles of Section 14 of the Limitation Act fails. Lakshmikumaran is to impress upon us to take a different view. That is why the endeavour of Mr. But his explanation was that it was not necessary that such a NRI Legal Services licence could be issued to the assessee merely because the advance licence in favour of the buyer was invalidated.

For that a notification under s. It is also conceded by the learned counsel appearing for the assessee that the said judgment was rendered on almost identical fact situation. In the present case, if sub-cl. 520 That, to our mind, indicates that the bargain had been freely made, There was nothing else to which our attention was directed as showing that the bargain was hard.

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The question that immediately arises is as to whether the whole notification should be adjudged invalid as has been done by the High Court and as is proposed to be done by my learned Brother S. Suppose the State in the interest of Khadi and cottage industries imposes a ban on the manufacture or sale of cloth of NRI Legal Services a very fine count, will a merchant who deals only in fine cloth be entitled to say that as he deals NRI Legal Services only in fine cloth, the ban has completely prohibited the carrying on of his business ?

(b) It allows the prisoner to have a last and final meeting with his family members. It also allows the prisoners family members to make arrangements to travel to the prison which may be located at a distant place and meet the prisoner for the last time. The truth of the matter, they submit, is that the ban on the import of foreign cloth or on the manufacture of cloth of very fine count is only a restriction imposed on the piece-goods business, for the ban affects one or more of the segments of that business but leaves the other segments untouched.

(c), (d), (e) and (g) of s. Appeal to Appellate Tribunal (1) Any person aggrieved, by any order made by the Debts Recovery Tribunal under section 17, may prefer an appeal alongwith such fee, as may be prescribed to an Appellate Tribunal within thirty days from the date of receipt of the order of Debts Recovery Tribunal: 4(1) and the latter part which goes beyond the powers conferred by the subsection to the Government of Orissa should be rejected.

or the two portions of the notification should be severed and effect should be given to the earlier part which NRI Legal Services is in conformity with s. It is to be noticed that there is throughout the Act no reference to the decease of a person on whom the tax has been originally charged, and it is very difficult to suppose the omission to have been unintentional. It must have been present to the mind of the legislature that whatever NRI Legal Services privileges the payment of Income-tax may confer, the privilege of immortality is not amongst them.

It is true that the notification having also stated that the dealers, whose gross turnover exceeded 5,000 (luring NRI Legal Services the year ending March 31, 1949, would be liable to pay the tax, the sales tax authorities naturally applied their mind to the question whether during the year ending March 31, 1949, the gross turnover of the respondents exceeded the requisite amount, but did not inquire into the question whether the respondent’s gross turnover exceeded Rs. There was no decision on the powers of an executing court to proceed against the shares of the sons but the question related to voluntary alienations by a father for payment of his debts not incurred for an immoral or illegal purpose.

The expression ” species of bovine cattle ” is wide enough to in-elude and does in ordinary parlance include buffaloes,(male, or female adults or calves). If the matter stood there, it would have been necessary to send the case back to the Sales Tax Officer to enquire into and ascertain whether the quantum of the gross NRI Legal Services turnover of the respondents during the last mentioned financial year ending on March 31, 1948, exceeded Rs.

5,000 during the year immediately preceding the commencement of the Act which in this case was the financial year from April 1, 1947 to March 31, 1948. On a reasoning at par with that urged in the last case should not a dealer who imports only that variety of piece-goods the import of which has been stopped be entitled to say that his business has been completely stopped ? Without sufficient notice of the scheduled date of execution, the prisoners right to avail of judicial remedies will be thwarted and they will be prevented from having a last and final meeting with their families.

Every person liable to pay tax must necessarily die and in practically every case, before the last installment has been collected, and the legislature has not chosen to make any provisions expressly dealing with assessment of, NRI Legal Services or recovering payment from, the estate of a deceased person. Suppose that the import of one particular variety of piece- goods, say saris, is stopped but import of dhotis and all other varieties of piece-goods are allowed.

Nevertheless, we think that a petitioner is entitled to relief ex debito justitiae if he establishes (1) violation of principles of natural justice in that he was not a party to the lis but the judgement adversely affected his interests or, if he was a party to the lis, he was not served with notice of the proceedings and the matter proceeded as if he had notice and (2) where in the proceedings a learned Judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.

But a remand is not called for because it appears from the judgment under appeal that it was conceded that for the period April 1, 1949, till the commencement of the Constitution on January 26, 1950, the respondents would have been liable to pay sales tax provided a valid notification had been issued, under sub-s. (2) [1957] INSC 33; [1957] S. Where, they ask, will the argument lead us ? ” It is important in this context to bear in mind that the test of reasonableness, wherever prescribed, should be applied to each individual statute impugned-, (1) [1954] INSC 89; [1955] 1 S.

2 as belonging to the species of bovine cattle.

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34 cannot be regarded as a more procedural requirement; it is only if the said notice is served on the assessee as required that the NRI Legal Services lncome-tax Officer would be justified in taking proceedings against NRI Legal Services him. Confirmation of sale requires an active application of mind by the court to ensure that there is no irregularity in the conduct of the sale and the price fetched is the best price for NRI Legal Services the value of the property. Sixteen workmen resigned and one of them Haroo Haldar pleaded guilty and therefore proceedings were continued NRI Legal Services against only 47 workmen.

The points referred for adjudication. On receipt of a Scheme by the NRI Legal Services Council under sub-section (2) the Council may obtain such other particulars as may be considered necessary by it from the person NRI Legal Services or the medical college concerned, and thereafter, it may – Fishwick (2), Clements v. Commissioner of Income-tax, Bombay City v. In this connection, reliance was placed upon the cases of Featherstonhaugh v. The answer further attributed fraud and “evil intention ” NRI Legal Services to the other party.

The expression ” act of State ” is, it is scarcely necessary to say, not limited to hostile action between rulers resulting NRI Legal Services in the occupation of territories. On that, there can be no two opinions. ” The gist of the aforesaid provisions may be stated thus: ” (b) Deductions such as I mahimai’ are prohibited. Ramsukh Motilal, [1955] 27 I. It is also argued on behalf of the respondent that the company court being the custodian of the property of the company in liquidation, should always make an endeavour to secure the best price for the property put to sale in order to give maximum benefits to all the stake holders who are entitled for the distribution of sale proceeds of the assets of the company in liquidation.

, from April 1, 1955, but upheld the dismissal of workmen Nos. 2 to 24 had not been properly served and ordered their reinstatement as from April 1, 1955, with back wages, dearness allowance, etc. It held that the workmen Nos. The law in England has been summarized in Halsbury’s Laws of England, 2nd Ed. In our opinion, this contention is well- founded. What compensation should they be paid for the action taken against them by the Company ? 2013 recorded that the highest bid by the appellant is accepted by the Court.

Das and if a valid notice is not issued as required, proceedings taken by the Income-tax Officer in pursuance of an invalid notice and consequent orders of reassessment passed ‘by him would be void and inoperative. If no notice is issued or if the notice issued is shown to be invalid then the validity of the proceedings taken by the Income-tax Officer without a notice or in pursuance of an invalid notice would be illegal and void. were:- (1)Whether the dismissal of the 64 workmen mentioned in the attached list is justified.

(2)What compensation should be paid to them in respect of the period of enforced idleness from 6-10-53, particularly for the period they were refused permission to rejoin work even after their cases had been disposed of by the Tribunal (3)Whether the Tribunal Awards concerning the 64 workmen have been properly implemented. Secretary of State (1) and Thakur Amar Singji v. The notice prescribed by s. The termination of the NRI Legal Services of these workmen gave rise to an industrial dispute and a reference was made by the West Bengal Government on August 8, 1955, in regard to all the 64 workmen.

It includes all acquisitions of territory by a sovereign State for the first time, whether it be by conquest or cession. The answer also called upon the defendants to pay a penalty of Rs. Vide Vajesingji Joravar Singji and others v. 24 (Lord Hailsham’s Edition) in Art. What compensation should be paid to them by the company for not having properly implemented the Award ? The Tribunal (6th Industrial Tribunal, West Bengal) made its award on June 7, 1956.

2,500 per head, and to hand over the entire partnership lease property to the plaintiffs’ party. Whether the Company should not reinstate them. It was a treaty entered into by rulers of independent States, by which they gave up their sovereignty over their respective territories, and vested it in the ruler of a new State. The question that arises for our decision is whether the Covenant was an act of State. It is also submitted on behalf of the first respondent that there is no confirmation of the sale in favour of the appellant herein though the order dated 17.

12 90 that even though the provisions of the Trusts Act, did not, in terms, apply to the case, the general principles of law as applied in the English courts, support the plaintiffs’ case. Acceptance of the bid is different from confirmation of the sale. Edmondson (4), In re Biss, Biss v. All these directions shall be complied with by all concerned, including the Union of India, Medical Council of India, Dental Council of India, State Governments, universities and medical and dental colleges and the management of the respective universities or dental and medical colleges.

The weight of alien substance such as mud and stone, if any, contained in the lint or kapas borahs or in the bags of groundnut pods or kernels shall be deducted.

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The other argument advanced by the learned senior counsel on behalf of the appellant-company that it is an agency or instrumentality under the Central Government which falls within the inclusive definition as NRI Legal Services defined under Section 3(8) of the General Clauses Act is wholly misconceived for the reason that Article 112 of the Limitation Act speaks of the Central Government or the State Government. It is not the case of the appellant herein that it has filed the suit on behalf of the Central NRI Legal Services Government.

Such an argument is contrary to the Constitution Bench judgment of this Court in the case of Padma Sundara Rao (Dead) and Ors. Its agencies or instrumentalities are not incorporated under Article 112 of the Limitation Act. By a careful reading of the aforesaid Article, it makes abundantly clear, that a suit can be instituted by or on behalf of the Central Government. Therefore, the reliance placed upon the aforesaid Article 112 of the Limitation Act to claim that there would be thirty years of limitation period as the asset transferred is an actionable claim due to the DoT is wholly misconceived in law.

It could be seen from the undisputed facts, which are adverted to in the impugned judgment that undisputedly the suit claims against the debtors/subscribers are beyond the period of three years of limitation which is available. reported in (2002) 3 SCC 533. No doubt, the assets and liabilities are transferred by the erstwhile DoT in favour of the appellant-company, including the debts due from the subscribers, the respondents herein, an asset which is registered with the company pursuant to the transfer of assets and liabilities as provided under Section 130 of the TP Act upon which reliance is placed by the learned senior counsel.

By a reading of the aforestated definition, at no stretch of imagination it can be construed that the appellant-company which is registered under the Companies Act, though share capital of the company owned in NRI Legal Services the name of the President is 100 per cent, it cannot be construed as the Central Government for NRI Legal Services the reason that the appellant-company by registration under the Companies Act, no doubt it is under the control of the Central Government as it is financed and its administration is under the absolute control of the Central Government, nonetheless, it shall not be construed as the Central Government for the reason that the appellant- company is a separate NRI Legal Services entity.

This is for the reason that the appellant-company has instituted the suit on the basis of the instrument of Office Memorandum wherein the DoT has transferred its assets and actionable claims. No doubt, by execution of the said instrument it has got the actionable claim transferred, the assets that must be recoverable debts from the debtors and subscribers. The period of limitation time from which the period begins to run is mentioned under Column 3 of the above Article of the Limitation in the Schedule, which reads as follows.

A careful reading of Article 112 of the Limitation Act clearly reveals that in any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir, the period of limitation would be thirty years. the period of thirty years to institute suits for recovery of the same. The expression ‘Central Government’ under the General Clauses Act is clearly defined, which relevant provision is extracted in the aforestated NRI Legal Services portion of this judgment.

Therefore, contention of the learned senior counsel on behalf of the appellant-company that the benefit accrued in favour of the Central Government under Article 112 of the Limitation Act is attracted to the fact situation, has a far reaching consequences for the reason that, though the Company is a statutory authority, it is not synonymous with the Central Government. When the period of limitation would begin to run under this Act NRI Legal Services against a like suit by a private person.

What NRI Legal Services requires to be carefully examined is that the actionable claim, a claim to any debt from a subscriber-debtor after the assets and liabilities are transferred by an instrument, the Office Memorandum, referred to supra, in favour of the appellant-company, is a legally recoverable debt to avail the remedy which is transferred in favour of the appellant-company. It cannot be said that it has filed the suit on behalf of the Central Government because the appellant/plaintiff is a company, a distinctly independent and separate entity.

Such an interpretation is contrary to Article 112 of the Limitation Act, 1963. In paragraph 14 of the said judgment it is categorically stated that the legislative casus omissus cannot be supplied by judicial interpretative process and the Court cannot do the legislative functions. It also cannot claim that it is entitled to the benefit under Article 112 of the Limitation Act on the ground that a debt recoverable from the subscriber is an actionable claim in terms of Section 3 of the TP Act, even if the same has been transferred under Section 130 of the TP Act by execution of the Office Memorandum, referred to supra, thereby vesting in it the rights and the remedies vis-a- vis the same.

As could be seen from the claim, the undisputed facts of these appeals are that on the date of the transfer, some of the claims were time barred, therefore, the company cannot construe that the time barred debts are also an actionable claim by way of transfer in its favour, which entitles it to avail the benefit of Section 112 of the Limitation Act i.

NRI Legal Services Toronto – When to deal with property related legalities in purchase of property.

Power of Inspector-General to superintend registration offices and make rules ” (1) The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the 59 [State Government], and shall have power from time to time to make rules consistent with this Act” (a) providing for the safe custody of books, papers and documents; At this juncture, I think it apt to NRI Legal Services refer to Section 69 of the Act, which reads as follows:- 69.

It is said that the freedom to move freely is carved out of personal liberty and, therefore, the expression ‘personal liberty’ in Article 21 excludes that attribute. After committing this rape, the appellant threatened her and started blackmailing her. There is no question of one being carved out of another. In other words, NRI Legal Services while Article 19(1) deals with particular species or attributes, of that freedom, ‘personal liberty’ in Article NRI Legal Services 21 takes in and comprises the residue”.

8 We may also, with short shrift, reject an argument put forward on behalf of one of the Respondents, namely, Tvl. Even assuming this to be so, there is always a brooding and omnipresent possibility of diversion of industrial alcohol to potable alcohol. First act of sexual intercourse was against her wishes and was clearly a rape. , AIR 1963 SC 1295 that the question as to the proper scope and meaning of the expression ‘personal liberty’ came up pointedly for consideration for the first time before this Court.

Union of India, (1970) 2 SCC 298 the minority view must be regarded as correct and the majority view must be held to have been overruled. If a person’s fundamental right under Article 21 is infringed, the State can rely upon a law to sustain the action, but that cannot be a complete answer unless the said law satisfies the test laid down in Article 19(2) so far as the attributes covered by Article 19(1) are concerned”. An assessment in the context of Section 116- G(2) of the DMC Act means an assessment that has been accepted by the assessee and is not the subject matter of a statutory appeal.

This being so, the assessment made by the Joint Assessor and Collector and set aside by NRI Legal Services the learned Additional District Judge NRI Legal Services by his order dated 1st April, 2002 is not a `finalized assessment within the meaning of Section NRI Legal Services 116-G(2) of the DMC Act. Thus, it is found that the procedure prescribed under the law has been violated while dealing with the Curative Petition and that too, dealing with life of a person. (2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.

Provided that, where the Court hearing an appeal under any of the provisions of this chapter other than Article 132 consists of less than five Judges and in the NRI Legal Services course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion [3] Para 5.

Chemplast Sanmar Limited, that its production of industrial alcohol was entirely captive for its own activity of manufacture of PVC. (a) The prosecutrix was harrased by the appellant. It was in Kharak Singh v. The fundamental right of life and personal liberty has many attributes and some of them are found in Article 19. The error is in appreciating the term `finalized assessment. The minority judges, however, disagreed with this view taken by the majority and explained their position in the following words: “No doubt the expression ‘personal liberty’ is a comprehensive one and the right to move freely is an attribute of personal liberty.

The majority of the Judges took the view “that ‘personal liberty’ is used in the article as a compendious term to include within itself all the varieties of rights which go to make up the ‘personal liberties’ of man other than those- dealt with in the several clauses of Article 19(1). Both are independent fundamental rights, though there is overlapping. The mandatory procedure prescribed under law has not been followed. The assessment in the case of the respondents having been set aside and remanded back for re-determination of the rateable value by the learned Additional District Judge clearly indicates that the assessment was wide open.

In that sense, it was not ╦ťfinalised in so far as the provisions of Section 116-G(2) of the DMC Act are concerned. In our opinion, there is an error in the submission made by learned counsel for the Municipal Corporation. There is an error apparent on the face of the order in the Curative Petition. It does not include an assessment set aside in appeal nor does it include an assessment challenged by way of a statutory appeal. There can be no doubt that in view of the decision of this Court in R.

On that basis, he took undue advantage of the hapless condition of the prosecutrix in which she was placed and committed subsequent acts of intercourse against her wishes which were nothing but commission of offences under Section 376 of IPC. In our view, this is not a correct approach.

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mason (1) the defendant agreed to purchase a property at a valuation to be made by a third party. mother and maternal uncle of Jassi, used to give him threats and stated how the incident occurred on 08. One may obviously possess without selling; and one may sell and cause to be delivered a thing of which he has never had possession; or one may have possession and later sell, as appears to have been done in this case. This Court repelled that contention. There is nothing in the Constitution which prevents Congress from punishing separately each step leading to the consummation of a transaction which it has power to prohibit and punishing also the completed transaction.

” and it will be noticed that there as well, the ban is confined to a second prosecution and punishment for the same offence. On July 7, 1956, a notice was sent to 15 filed Writ Petitions in the Allahabad High Court challenging the validity of the U. “Nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb. 33 of the Industrial Disputes Act Simranjeet Law Associates before its amendment, though there are some differences. The provision here is very similar to s.

vii) PW-15 Sukhwinder Singh deposed that he was married with Jassi on15. Gazette on June 23, 1956, and on June 25, 1956, the Secretary to the Regional Transport Authority, Agra, sent an order purported to have been issued by the Transport Commissioner to the operators, of the Agra region prohibiting them from plying their stage carriages on the routes and also informing them that their permits would be transferred to other routes. He had shown his willingness and capacity to identify the assailants and did identify Ashwani Kumar and Anil Kumar in court.

Act and the notifications issued thereunder. The defendant repudiated the value as exorbitant and refused to complete his contract and the plaintiff-vendor instituted a suit for specific performance. 23 was made with a definite purpose. The plea raised by the accused before this Court, in which the matter was brought by an appeal with special leave, was that s. 1999, that it was against the wishes of her parents, that Malkiat Kaur and Surjeet Singh viz.

25 194 It is hardly necessary to mention that this rule in cl. 20(2) of the Constitution being applicable. Of the nine, counts in the information four charged illegal possession of liquor, four illegal sale and one maintaining a common nuisance. ” If, therefore, the offences were distinct there is no question of the rule as to double-jeopardy as embodied in Art. The fact that the person sells the liquor which he possessed does not render the possession and the sale necessarily a single offence.

Act was pub- lished in the U. This contention rests upon the following facts. 5 of the Prevention of Corruption Act because the latter dealt with an offence of substantially the same type. Willoughby after referring to the words quoted in the Fifth Amendment says: The contention is that there was double punishment because the liquor which the defendants were convicted for having sold is the same that they were convicted for having possessed. It would thus be seen that according to this, decision the authority has jurisdiction to determine what the terms of contract between the parties are, and if the terms of the contract are, admitted and the only dispute is whether or not a particular employee falls within one category or another, that would be( incidental to the decision of the main question as to what the terms of the contract are, and that precisely is the nature of the dispute between the parties in the present case.

It is easy to see however that the rule making authority in making this rule was anxious to prevent as far as possible the recrudescense of fresh disputes between employers and workmen when some dispute was already pending and that purpose will be directly defeated if a fresh dispute is allowed to be raised under cl. But possessing and selling are distinct offences. In the absence of such knowledge the tax which was payable on the basis of the areas of the holdings could not be assessed on unsurveyed lands, so the section provides that pending the survey, the Government will have power to make a provisional assessment on unsurveyed lands.

“There is a claim of violation of the Vth Amendment by the imposition of double punishment. It (1) [1957] INSC 2; [1957] S. This section was enacted as at the date of the Act, all lands had not been surveyed and so the areas of all holdings were not known. The notification issued under s. 409 of the Indian Penal Code had been repealed by implication by the enactment of sub-ss. 409 of the Indian Penal Code for having misappropriated sums of money received by him in his capacity as a servant of the local authority and the conviction had been affirmed on appeal, by the Sessions Judge and in revision by the High Court.

The Court held that the valuation was very high and perhaps exorbitant but it decreed specific performance of the contract as there appeared no fraud, mistake or miscarriage. It was said by the Master of the Rolls ” It may have been improvident as between these parties to enter into a contract to buy and sell property at a price to be fixed by another person, but that cannot avoid the contract. 5(a) in the very cases where cl.

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Still more so when he has reached his home and put those profits in a strong room or some other place regarded by him to be a place of safety. which may be authorized or unauthorized. But I cannot distinguish the NRI Legal Services present case from the case of any professional man or trader who, having collected his profits, NRI Legal Services is subsequently robbed of them by a stranger to his business. 4(b) of the Ordinance can afford no assistance as it was not concerned with any such NRI Legal Services right of appeal.

In this case, none of the thieves were the then servants of the assessee, although one of them had formerly been his cook. It also provided that until the Constitution framed by the Constituent Assembly came into operation, the Raj Pramukh would have the power to make NRI Legal Services and promulgate Ordinances for the peace and good Government of the United State but such Ordinances would have force for a period not longer than six months from its promulgation and would be liable to be controlled or superseded by an Act of the interim Legislative Assembly.

Section 4(b) of the Ordinance was not concerned with applying to any case another provision in it giving a right of appeal which s. Article 10 provided that as soon as practicable a Constituent Assembly for the United State would be formed in the manner indicated, for framing NRI Legal Services its Constitution and that the Raj Pramukh would by August 1, 1948, constitute an interim Legislative Assembly. He challenged the correctness of the majority view of the tribunal that the two railways operating in two different zones in question constituted one railway administration within the meaning of s.

Such deletions make a mockery of development. 97 and the objection filed by the NRI Legal Services first respondent to the same came up for hearing before the Election Tribunal, Dharwar, and the Tribunal framed the following issues:- ” (1) Whether the 1st respondent is entitled to abandon a part of his claim in the manner he has done ? It is under this very agreement that he was to be paid Rs. (2) If so, whether the appellant will be entitled to give notice to the Tribunal of his intention to give evidence to prove that the election of the first respondent would have been void if he had been the returned candidate ?

For these reasons it seems to us that the present is not a case where it is permissible to in- terpret s. , the notice of recrimination given by the appellant under s. 4 (b) of the Ordinance provides no assistance in interpreting s. 4(b) of the Ordinance. The application of the first respondent under 0. ” If any one is paid a sum due to him as profits and he puts that in his pocket and on his way home is robbed of it, it would be, I think, difficult to contend that such a loss was incidental to his business.

Further in our view, in any event, s. ” These observations, while they support the right of the asssee to deduction of loss resulting from (1)(1930) I. They regulated the appellants’ activities, defined what they might and what they might not do, and affected the whole conduct of their business. There is no point in proposing a planned layout but then deleting various portions of land in the middle merely on the ground that there is a small structure of 100 sq.

(3) Whether the notice of recrimination given by the appellant is barred by limitation ? On the contrary the cancelled agreements related to the whole structure of the appellants’ profit-making apparatus. ” Thus, the agreements in question were intended to ensure that the business in margarine was carried on to the best advantage, but did not, in themselves, form part of the business. As a matter of interest it may be mentioned here, though nothing turns on that in this appeal, that the United State later became a Part B State as defined in the Constitution of India and lastly, merged in the territories of what is now the State of Madhya Pradesh.

17 130 trading profits when earned should be distributed as between the contracting parties. 1, of the Code of Civil Procedure. ” The Tribunal held that by virtue of the provisions of s. They were merely collateral to it. Before we part with this case, we would like to mention two points which were sought to be argued before us by the learned Additional Solicitor-General on behalf of the respondents. But these considerations would be inapplicable to the agreement, with which we are concerned.

2-9-0 per ton of limestone loaded by him, and the business which he had to do to earn the amount was to raise and supply limestone as provided in the agreement. There is here no profit-making apparatus set up by the agreement (1935) A. The business which the respondent was to carry on and which was to yield profits to him was the very business to which the agreement relates. 2(b) of the Act by reference to s. therefore when a large layout is being planned, the development authorities should exercise care and caution in deleting large number of pockets/chunks of land in the middle of the proposed layout.

For the reasons given in discussing the nature of agency agreements, the agreements between the two companies must be regarded as not pertaining to the trading activities, which yielded profits, and the payment on account of those agreements must be held to be a capital receipt. 1 can well understand that, in cases where the collection of profits or payment of debts due is entrusted to a gumastha or servant for collection and that person runs away with the money or otherwise improperly deals with it, the assessee should be allowed a deduction because such a loss as that would be incidental to his business.

2(b) of the Act clearly is What we have to decide is, in what cases that right of appeal was given and for that purpose plainly s. He has to employ servants for the purpose of collecting sums of money due to him and there is the risk that such servant may prove to be dishonest and instead of paying the profits over to him, convert them to his own use. Therefore, if a development authority having acquired a large tract of land withdraws or deletes huge chunks, the development by the development authority will resemble haphazard developments by unscrupulous private developers rather than being a planned and orderly development expected from a Development Authority.