LexLords NRI Legal Services Smethwick By NRI Legal Services LexLords
2 (14-A) does is to define what the ex- pression "taxable territories" means in certain cases and for certain purposes. should be deprived of compensation. 2 of the I inance Act, 1950, authorise the imposition NRI Legal Services of Indian income-tax and super tax on the income derived by the respondent in the year 1949-50 in the territory of Rajasthan. The first branch of the appellants' contention cannot, therefore, succeed. But it was urged before us on behalf of the appellant that on the expiration of the period of the lease, the appellant will be entitled to renewal on fresh terms.
Since she did not return, a missing person's report was lodged on 7. The plaintiff had prayed for a decree for compensation in the plaint and the trial court had decreed compensation for the period commencing from 1st April, 1948, till the date of getting possession of the leasehold property and the amount of compensation was left to be Ascertained in subsequent proceedings. It is also relevant to mention, that in the first information report registered on 7.
As the facts of the present case seem to us to negative the existence of any mistake of fact under which either of the parties laboured, we are of opinion that the High Court was wrong in the conclusion that the contract was void under section 20 of the Contract Act. State of Haryana[7], while speaking about the presiding judge in a criminal trial, Chinnappa Reddy, J. 3 and 4 of the Indian Income-tax Act read in the light of the definition in proviso (b) to the amended s.
4 in connection with the conditions which are to determine liability to tax, sub-el. This, however, is far from being the case. But the learned counsel for the appellants is not right when he says that as adverse possession extinguished the rights of the widow, no fresh extinction by an act of surrender was possible. The person in adverse possession is not entitled to remain in possession till the death of the widow.
As no question of possession arises in the view that we have taken in the NRI Legal Services case, it follows that the plaintiff is entitled to com- pensation from the 1st April, 1948, till the 31st March, 1954. In Mithilesh Kumari v. Matheswaran at Namakkam Kumarapalayam Police Station. to get the lease executed for a few months. observed that if a criminal court is to be an effective instrument in dispensing justice, the presiding judge must cease to be a spectator and a mere recording machine.
Such is, however, 976 not the case. You have removed the original slip of deposit of the account of chattisgarh State Electricity division and in place of it install the slip of Shri Rate saving bank account therefore the dealing and clearing of the saving bank account which has committed by NRI Legal Services you, the complete detail is clear and enclosed in Annexure " 2. wherever that expression is used in the various provisions of the Indian Income-tax Act, and as the expression is used in the charging s.
We may also observe that the finding of the High Court that the parties came to a final agreement on all the essential terms of the leases which were embodied in Exhibits 22 indeed by the time the leases come to be executed in pursuance of the order of this court it would be scarcely worth while to carry on any quarrying operations. As the rights acquired by adverse possession are 350 available only against the widow and not against the hus- band's heirs, the husband's estate still remains undestroyed and the widow may withdraw herself from that estate leaving it open to the reversioners to take possession of it at once as heirs of the last male holder unless there is any other rule of law or equity which prevent them from doing so.
Where a Hindu widow surrenders her widow's estate to the reversioners, after a third person has acquired title to the properties by adverse possession against her, the reversioners are entitled to recover possession of the properties from that person immediately as heir's of the last male holder. Prem Behari Khare [(1989) 2 SCC 95 : (1989) 1 SCR 621] Section 4 of the Benami Transactions (Prohibition) Act, 1988 was, it is submitted, wrongly held to be an Act declaratory in nature for it was not passed to clear any doubt existing as to the common law or the meaning or effect of any statute.
The conclusion however, that Section 4 applied also to past benami transactions may be supportable on the language used in the section. 2007, the complainant had attached the photograph of M. Paragraph 20 of the draft lease does not confer any right upon the lessee to obtain a renewal. So far as the NRI Legal Services consequences are concerned there is no material difference in this respect between an adoption and an act of surrender by the widow.
The case would have been different if the Lime Co. We think, however, that though we decline to give a decree for specific performance ,of the contract for the short period, there is no reason why the Lime Co. In these circumstances, we do not think any material benefit will accrue to the Lime Co. 4 of the Indian Income-tax Act, have reference to chargeabiiity of income and not merely to its computation, and therefore ss. Where the Collector does not agree, no renewal will take place, and even if he does, the Commissioner may decline to approve the lease.
You had attached with Tanishk Securities commodity trading and you by misusing the amount of Chattisgarh State Electricity division got deposit in the account of Shri Lachhman Parsad Ratre. had an option of renewal as a matter of right. (b) of the definition must, when read with s.