NRI Legal Services Reviews - Why to deal with property related issues in succession problems without coming to India by SimranLaw

NRI Legal Services Reviews — Why to deal with property related issues in succession problems without coming to India by SimranLaw

That provision should have been incorporated to save the impugned Notification from the vice of arbitrariness. 337 of the Code of Criminal Procedure and the Magistrate recorded an order to the effect that this appellant was tendered pardon under s. 302/34 of the Indian Penal Code. On June 22, 1957, a prayer was made to the Sub-divisional Magistrate on behalf of the prosecution that Bishnu Charan Saba may be tendered a pardon under s. The appellant claims that it has become in this wise entitled as assignee of the licensee to all the benefits granted under Ex.

122 of 1954 and order dated April 7, 1955, in W. (2) Exhibit B properly construed must be held to create a new Patni distinct from lot Ahiyapur, and its sale is therefore valid. The Revenue never took the plea that the case was premature in the sense that no demand had been crystallized in the absence of show-cause notice or adjudication order and, therefore, such a writ petition was not competent. It could not be said that the sentence of death for a murder of the kind proved in this case NRI Legal Services was unduly severe.

Questions of difficulty may arise and cause considerable delay. 35, 36 and 37 of 1955. This view is no longer tenable in view of the decision of this Court in The Commissioner of Income-tax, West Bengal, Calcutta v. The appeals are accordingly dismissed. In our opinion, the High Court rightly found the appellants guilty under s. It was in that view that they observed that «it is therefore idle to regard tilling as the sole and indispensable test of agriculture «.

Proceedings may be taken by way of appeal and cause further delay. Raja Benoy Kumar Sahas Roy (1). In accordance with the terms set out above, the appellant company was duly incorporated in the Jind State, and on May 27, 1938, Shanti Prasad Jain executed in its favour a deed agreeing to transfer all » his rights, privileges and obligations » under Ex. On August 1, 1957, the Magistrate Mr. Until all such questions are determined, and all such proceedings have come to NRI Legal Services an end, there can be no final assessment.

We are of the view that since the matter relates to re-examination of a final judgment of this Court, though on limited ground, the curative petition has to be first circulated to a Bench of the three senior-most Judges and the Judges who passed the judgment complained NRI Legal Services of, if available. 2(1) of the Act; and the view they took was that such operations when conducted on a large scale as in the present case would be within s.

Chaudhury on December 20, 1956. The contention was raised by the respondent that the deed dated May 27, 1938, does not itself purport to assign the rights NRI Legal Services under the license, Ex. Chatterjee for the appellant urged the following contentions in support of the appeal: (1) The defendants did not raise either in the written statement or during the trial, the plea that under the sanad, Exhibit B, the Chaukidari Chakaran lands comprised therein became part of the Patni settlement of lot Ahiyapur, NRI Legal Services and, in consequence, their sale was bad as being of a part of the Patni, and the learned Judges should not have allowed that point to be raised in appeal.

In fairness to the learned Judges, it must be observed that at the time when they heard the reference there was a conflict of judicial opinion on the question whether subsequent operations alone directed to the preservation and improvement of forests would be agricultural operations within s. 34 and 35 of the Act (to which reference is made hereafter) and within the time (1)[1938] L. The decision of the learned Judges was really based on the view that though trees in the forest had not been planted by the estate authorities, the latter had performed subequent operations of a substantial character for the maintenance and improvement of the forest, and that, in consequence, the income was agricultural income.

14 of the Regulation, and that not having been done, it is not open to them to attack it collaterally in these proceedings. (3) Assuming that the sale is invalid as being of a part of a tenure, the only right of the defendants was to sue to have it set aside, as provided in s. Thus, while upholding the view taken by the High Court, we modify the same only to the extent that the respondent herein shall also be entitled to the benefit of the exemption Notification subject to the condition that the duty already paid by the respondent herein on LDT, would be taken into account and only the balance out of it would be subject to excise duty.

But when once a final assessment is arrived at, it cannot, in their Lordships’ opinion, be reopened except in the circumstances detailed in ss. A but merely agrees to do so, and that in the absence of a further deed transferring those rights, the appellant could not claim the rights of assignee. A charge-sheet against the appellants and Sanatan Das was submitted by the police on June 20, 1957. 337 of the Code of Criminal Procedure on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relating to the offence and to every other person concerned whether as discuss principal or abettor in the commission thereof.

Appeals from the judgment and order dated March 22, 1955, of the Mysore High Court in Writ Petition No. The Sub-divisional Magistrate bad already reported on June 20, 1957, to the District Magistrate that both he and the other Magistrate of Mathabhanga should not hold the commitment proceedings as they had had something to do with the investigation.

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