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NRI legal services - https://lexlords.com/title-search/. He also relied upon the order dated 24th January, 2003 in another case in Writ Petition (Civil) No. The aforesaid offences were allegedly committed by the accused with reference to M. n435 bona fide, even if good faith can be held to be a defence at all in a proceeding for contempt. What is more, he did not express any regret for what he had done either in the High Court or before us and his behaviour does not show the least trace of contrition. There, the mortgagors gave the mortgagees an unregistered rukka or written promise simulta- neously with the registered mortgage stipulating that they would pay an extra 6 per cent per annum over and above the 15 per cent entered in the mortgage.

If a law deals equally with members of a welldefined class, it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it has no NRI Legal Services application to other persons. If the rate is lowered, then his original "interest" is limited We are of opinion it does. In substance, the case put forward by the petitioner was that he was running his business at Darya Ganj since long and as the said market had been de-notified, he was entitled to be allotted an alternative shop NRI Legal Services at Gazipur or any other newly developed market.

35 of 1944 of the Court of the Subordinate Judge, Tinnevelly. If the subsequent agreement substi- tutes a higher rate, then to the extent of the difference it "creates" a fresh "interest" which was not there before. He was given liberty to file representation. If that rate is varied, whether to his advantage or otherwise, then, in our judgment, his "interest" in the property is affected. The presumption may be rebutted in certain cases by showing that on the face of the statute, there is no classi- fication at all and no difference peculiar to any individual or class and not applicable to any other individual or class, and yet the law hits only a particular individual or class.

In these circumstances, we think that the appeal cannot succeed and must be dismissed NRI Legal Services Appeal from the Judgment and Decree dated the 15th day of July, 1949, of the High Court of Judicature at Madras (Rajamannar C. Having considered the submissions made on both sides, we are of the opinion that there is no error committed by the MRTP Commission in rejecting the Claim of the Appellant. their Lordships held that these rukkas could not be used to fetter the equity of redemption.

A plain reading of the policy would show that a forcible entry should precede the theft, and unless they are proved, the claim cannot be accepted. Deputy Commis- sioner of Bara Banki(2). " It is quite clear that under this section 7 the suit of the respondent Subodh Gopal Bose must abate and the decree passed in his favour must become void if that section be valid law and intra vires the Constitution of India. nThe next question is whether this limits an interest in immoveable property.

Earlier, he had approached the High Court in Writ Petition (Civil) No. Harchand Rai Chandan Lal (supra) read as under: The case of the Appellant is that forcible entry is not required for a claim to be made under the policy. 246 1 out of the income of the ancestral estate, they also became impressed with the character of joint property. Following the well- accepted principle that a contract of insurance which is like any other commercial contract should be interpreted strictly, we are of the opinion that the policy covers loss or damage by burglary or house breaking which have been explained as theft following an actual, forcible and violent entry from the premises.

They did not decide whether the personal cove- nant in the rukkas could be enforced because that point had not been raised in the plaint and pleadings, nor did they refer to the Registration Act, but we think the words "an unregistered instrument which the statute declares is not to affect the mortgaged property" can only have reference to that Act It is clear from the facts of the present case that the Appellant has made out a case of theft without a forcible entry. Official Assignee(1) that one part of the "interest" which a mortga- gee has in mortgaged property is the right to receive inter- est at a certain rate when the document provides for inter- est.

We agree with the learned Rangoon Judges in U. This application has been filed by the Karnataka Iron and Steel Manufacturers Association seeking the following reliefs:- a) Allow the instant application and direct NMDC to restrain from adopting differential pricing mechanism for the iron ore sold in the e- auction in the State of Karnataka. (3) Whenever any suit, proceeding, appeal or application abates under sub-section (1) or any decree or order becomes void under sub-section (2), all fees paid under the Court-fees Act, 1870, shall be refunded to the parties by whom the same were respectively paid.

nThe question of a higher rate was considered by their Lordships of the Privy Council in Tika Ram v. Hence the present appeal. Manian @ Manikanda, for the offences under Sections 201, 302, 376 and 404 of the Indian Penal Code. The result was that the Subordinate Judge made a preliminary decree in favour of the plaintiff and allowed his claim as laid in the plaint with the exception of certain articles of jewellery which were held to be non-existent.

The prosecution in the instant case was lodged against the appellant herein - Kadamanian @ Manikandan, as well as, against co-accused - I. The provisions of the policy in United India Insurance Co. With this finding the High Court sent back the records to the lower appellate court for disposal of the appeal in the light of that finding. On the 30th November, 1951, the High Court gave leave to the State of West Bengal to appeal to us.