Difference between revisions of "NRI Legal Services For Dummies"

From DIGIMAT Digital Learning Platform - Knowledge Base
Jump to: navigation, search
(Created page with "Official Receiver, 13 A. In the last mentioned case a Full Bench of this court summarised the result of the earlier decisions on this point in the words following:- "It is now...")
 
 
(One intermediate revision by one other user not shown)
Line 1: Line 1:
Official Receiver, 13 A. In the last mentioned case a Full Bench of this court summarised the result of the earlier decisions on this point in the words following:- "It is now well-established that while article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. 1413 perty" as an act by which the transferor conveys property in present or in future to the transferee or transferees.<br><br>15 to make any such direction to the superior officers. If so, the jurisdiction of the regular Magistrate would appear to be barred under section 55 of the Act, since it is,not suggested that there has been any order under section 85. The classification may be founded on different bases; namely, geographical, or according to objects Advocates ([http://lawbesto.in great site]) or occupations or the like. But even for the transfer to operate in future the Advocates ([https://lexlords.com/company-incorporation-and-llp/ great site]) decree which is the subject matter of the transfer must be in existence at the date of the transfer.<br><br>and this being Advocates ([http://slachd.com/practice-areas/fathers-rights/ great site]) so, neither of those instruments can be held to have been an assignment "signed by the owner of the right within the meaning of the section. 429, for the purpose of construing section 232 of the Code. That application was dismissed. In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (1) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group and (2) that differentia must have a rational relation to the object sought to be achieved by the statute in question.<br><br> A transfer of a decree by assignment in writing may be effected by conveying the decree in present or in future to the transferee. In Basroovittil Bhandari v. The authority under the Act has not been empowered under s. The charge-sheet filed by the police shows that the theft of the property involved in the case is Rs. There can also be no doubt that the offence has been committed within the limits of Manikpur.<br><br> The assignee was not brought on the record under section 372 of the 1882 Code corresponding to Order XXII, rule 10 of the present Code but the suit proceeded in the name of the original plaintiff and a decree was passed in his favour. No doubt when a person executes a document purporting to assign property to be afterwards acquired by him, that property on its acquisition passes in equity to the assignee: Holroyd v. The assignee then applied for execution of that decree claiming to be a transferee decree-holder under section 232 of the 1882 Code.<br><br> On the case as made on behalf of the respondent, orders of the superior officers were necessary to upgrade him from a daily wageearner to a higher cadre. It would appear, therefore, prima 1450 facie that by virtue of sections 51 and 52, the Panchayati Adalat of Manikpur had jurisdiction to try the case. It is also well-established by the decisions of this court that article 14 condemns discrimination not only by a substantive law but also by a law of procedure".<br><br>there was no decree and no decree-holder. The State of Bihar(2). And so it has been held in several cases to which reference may now be made. Ramchandra Kamthi(1) the plaintiff assigned the decree to be passed in the pending suit. 523; but how such a subsequent acquisition can be held to relate back, so as to cause an instrument which on its date was not an assignment under the Act to become such an assignment, I am unable to understand.<br><br>The question of jurisdiction arises with reference to' the above provisions of the Act. This contention, therefore, fails", 1387 The above observations, to my mind, completely cover the present case. It seems to us that we should not be warranted in applying the doctrine of equity on which the appellant relies, which is stated in Palaniappa v. We think the words "decree-holder" must be construed as meaning decree-holder in fact and not as including a party who in equity may afterwards become entitled to the rights of the actual decree-holder, and that the words of the section relating to a transfer of a decree cannot be construed so as to apply to a case where there was no decree in existence at the time of the agreement".<br><br>On a parity of reasoning the respondent company may have, by operation of equity, become entitled to the benefit of the decree as soon as it was passed but to say that is not to say that there has been a transfer of the decree by the document of the 7th February 1949. What is necessary is that  Advocates ([https://lexlords.com/family/ imp source]) there must be a nexus between the basis of classification and the object of the Act under consideration. The appellants have a right in equity to have the performing rights assigned to them and in that sense are equitable owners of those rights; but they are not assignees of the rights within the meaning of the statute.<br><br>Marshall, [1862] EngR 963; 10 H. , observed:- "We are asked to hold that in the event which happened in this case the appellant is entitled to be treated as the transferee of a decree from a decree holder for the purposes of section 332, notwithstanding that at the time of the assignment.
+
2009 passed by the Patna High Court allowing the writ petitions in CWJC Nos. Shri Sekher 6 kanal Compensation paid. Status quo with regard to the possession of the land ordered during the pendency of the writ petition vide order dated 22. 7,410 odd of the Imperial Bank at Allahabad, while in the employment of the Bank as a clerk, and had in that capacity, " with intent to defraud, destroyed, altered, mutilated and falsified accounts and other papers " during January to July, 1946.<br><br>Further, it is clear that one of the parties to the suit for passing off in the said decision applied for rectification, unlike the present factual scenario. 5129/2009 and 18039/2009 filed by the respondents herein and directing the appellant-State of Bihar to redo the entire selection process for the post of Librarian considering the case of the respondents also and further restraining the State from issuing appointment letters to other selected candidates.<br><br>Eros City 129 kanal Compensation deposited before Developers Pvt. 1 herein) quashed vide impugned judgment. Alok Saxena, the learned Additional Public Prosecutor to the following effect: 662 of 2004, the trial court has wrongly accepted a part of testimony of the complainant-Jai Bhagwan while recording such findings on the charges to convict the appellant when there is nothing on record to show that it is the appellant who had demanded bribe money from the complainant-Jai Bhagwan.<br><br>Shri Vikram Bakshi 25 kanal C. Were it otherwise, the Advocates ([http://lexlords.in/rent-arrears-recovery/ website link]) blameless man against  Advocates - [http://lexlords.in/property-law/ website link], whom Advocates ([https://lexlords.com/tax/ get redirected here]) no fault can be found would be at a disadvantage. The value put for purposes of jurisdiction which cannot be binding for purposes of Court fee, and must be altered accordingly Karam Ilahi v. 14 marla the Land Acquisition Ltd. That IO asked me that he would send accused Krishan to collect balance amount of Rs. To my mind, the test must always be whether evil consequences over and above those that would ensue from a " contractual termination " are likely to follow.<br><br>Possession Compex 18 marla taken over. 4000/- to accused Krishan on account of duress. Shri Sissar S/o 6 kanal Compensation paid. In his examination-in-chief before the trial court, he categorically stated thus :- One Police Officer who was in civil uniform, Advocates - [http://lexlords.in/nri-lawyers-for-buying-and-selling-property/ website link], who was the IO of that case, met me in the Police station told me that I would have to spend Rs. although they were no doubt inserted to prevent officious interference by those who had no interest at all in the Register being correct , and to exclude a mere common informer, it is undoubtedly of public interest that they should not be unduly limited, inasmuch as it is a public mischief that there should remain upon the Register a Mark which ought not to be there, and by which many persons may be affected, who, nevertheless, would not be willing to enter upon the risk and expense of litigation.<br><br>Compensation deposited before the Land Acquisition Collector. In the view we take of the legality of the trial in this case, it is not necessary to go into the details of the prosecution case except to state that the appellant was charged under the sections aforesaid, for having committed criminal breach of trust in respect of valuable securities amounting to Rs. These appeals have been filed challenging the common impugned order dated 17. No argument was made in Whirlpools case that Section 57(4) would be independent of Section 125(1) for the reasons stated hereinabove.<br><br>5000/- for the bail of my brotherOn the directions of that IO, I had given Rs. During the trial, the said witness did not support the prosecution version and therefore he was declared as hostile witness and thereafter, he was cross-examined by Mr. Name of owner Total Area Status No. Faridabad 2 kanal Compensation paid. The High Court took the view that the main allegation in the plaint is with regard to the objectionable book written by Peter Heehs who was allowed to reside in the Ashram and allowed access to the archives of the Ashram.<br><br>It would be anomalous to bold that a man who has been guilty of misconduct should have greater protection than a blameless individual. 5000/- for release of his brother, Krishan Kumar (PW-9) in connection with the offences registered against him in FIR No. Possession Shri Roshan Lal 2 ½ marla taken over. 1022 Where, therefore, the Court finds that the case falls under s. Possession S/o Shri Roshan Lal2 ½ marla taken over. (Respondent Collector.<br><br>1510 of 2005 S/o Shri DN Bakshi 2 marla pending before the High Court. The subject land was stated to have been acquired for the purpose of expansion and systematic development of Surajkund Tourist Complex which included development of parking area adjacent to the Surajkund Tourist Complex near annual Surajkund Fair. 7(IV)(b) of the Court-Fees Act, and the plaintiff has omitted to specifically value his claim, liberty should ordinarily be given to him to amend his plaint and set out the amount at which he wants to value his claim.<br><br>We are of the view that as the complainant-Jai Bhagwan in his examination- in-chief before the trial court has categorically stated that it was Ranbir Singh, ASI (PW-11) who demanded Rs. But any man who is visited with evil consequences that would not ensue in the case of another similarly placed, but free from blame, can, in my opinion, claim the protection of Art.

Latest revision as of 01:06, 29 October 2018

2009 passed by the Patna High Court allowing the writ petitions in CWJC Nos. Shri Sekher 6 kanal Compensation paid. Status quo with regard to the possession of the land ordered during the pendency of the writ petition vide order dated 22. 7,410 odd of the Imperial Bank at Allahabad, while in the employment of the Bank as a clerk, and had in that capacity, " with intent to defraud, destroyed, altered, mutilated and falsified accounts and other papers " during January to July, 1946.

Further, it is clear that one of the parties to the suit for passing off in the said decision applied for rectification, unlike the present factual scenario. 5129/2009 and 18039/2009 filed by the respondents herein and directing the appellant-State of Bihar to redo the entire selection process for the post of Librarian considering the case of the respondents also and further restraining the State from issuing appointment letters to other selected candidates.

Eros City 129 kanal Compensation deposited before Developers Pvt. 1 herein) quashed vide impugned judgment. Alok Saxena, the learned Additional Public Prosecutor to the following effect: 662 of 2004, the trial court has wrongly accepted a part of testimony of the complainant-Jai Bhagwan while recording such findings on the charges to convict the appellant when there is nothing on record to show that it is the appellant who had demanded bribe money from the complainant-Jai Bhagwan.

Shri Vikram Bakshi 25 kanal C. Were it otherwise, the Advocates (website link) blameless man against Advocates - website link, whom Advocates (get redirected here) no fault can be found would be at a disadvantage. The value put for purposes of jurisdiction which cannot be binding for purposes of Court fee, and must be altered accordingly Karam Ilahi v. 14 marla the Land Acquisition Ltd. That IO asked me that he would send accused Krishan to collect balance amount of Rs. To my mind, the test must always be whether evil consequences over and above those that would ensue from a " contractual termination " are likely to follow.

Possession Compex 18 marla taken over. 4000/- to accused Krishan on account of duress. Shri Sissar S/o 6 kanal Compensation paid. In his examination-in-chief before the trial court, he categorically stated thus :- One Police Officer who was in civil uniform, Advocates - website link, who was the IO of that case, met me in the Police station told me that I would have to spend Rs. although they were no doubt inserted to prevent officious interference by those who had no interest at all in the Register being correct , and to exclude a mere common informer, it is undoubtedly of public interest that they should not be unduly limited, inasmuch as it is a public mischief that there should remain upon the Register a Mark which ought not to be there, and by which many persons may be affected, who, nevertheless, would not be willing to enter upon the risk and expense of litigation.

Compensation deposited before the Land Acquisition Collector. In the view we take of the legality of the trial in this case, it is not necessary to go into the details of the prosecution case except to state that the appellant was charged under the sections aforesaid, for having committed criminal breach of trust in respect of valuable securities amounting to Rs. These appeals have been filed challenging the common impugned order dated 17. No argument was made in Whirlpools case that Section 57(4) would be independent of Section 125(1) for the reasons stated hereinabove.

5000/- for the bail of my brotherOn the directions of that IO, I had given Rs. During the trial, the said witness did not support the prosecution version and therefore he was declared as hostile witness and thereafter, he was cross-examined by Mr. Name of owner Total Area Status No. Faridabad 2 kanal Compensation paid. The High Court took the view that the main allegation in the plaint is with regard to the objectionable book written by Peter Heehs who was allowed to reside in the Ashram and allowed access to the archives of the Ashram.

It would be anomalous to bold that a man who has been guilty of misconduct should have greater protection than a blameless individual. 5000/- for release of his brother, Krishan Kumar (PW-9) in connection with the offences registered against him in FIR No. Possession Shri Roshan Lal 2 ½ marla taken over. 1022 Where, therefore, the Court finds that the case falls under s. Possession S/o Shri Roshan Lal2 ½ marla taken over. (Respondent Collector.

1510 of 2005 S/o Shri DN Bakshi 2 marla pending before the High Court. The subject land was stated to have been acquired for the purpose of expansion and systematic development of Surajkund Tourist Complex which included development of parking area adjacent to the Surajkund Tourist Complex near annual Surajkund Fair. 7(IV)(b) of the Court-Fees Act, and the plaintiff has omitted to specifically value his claim, liberty should ordinarily be given to him to amend his plaint and set out the amount at which he wants to value his claim.

We are of the view that as the complainant-Jai Bhagwan in his examination- in-chief before the trial court has categorically stated that it was Ranbir Singh, ASI (PW-11) who demanded Rs. But any man who is visited with evil consequences that would not ensue in the case of another similarly placed, but free from blame, can, in my opinion, claim the protection of Art.