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NRI legal services - https://lexlords.com/adoption-and-cara/. From the way the case was formulated by the learned counsel, it is quite clear that if anybody uses the public street it is the growers of vegetables and fruits who come to the petition- er's shop to get their produce auctioned by the petitioner and the petitioner cannot be charged with fees for use of the public street by those persons. It will have, therefore, to be seen wheth- er these bye-laws come within The purview of section 298 (2) (J) (d) as modified in their application to the respondent Committee.

Commissioner Sales Tax[3]. Whether that happened in these cases has never been determined and it would not be right for us to assume anything one way or the other in the absence of the Raja of Gangpur. Before the tribunal, the assessee-appellant produced reports from Harcourt Butler Technical Institute, Kanpur to bolster the stand that there is no difference between the two commodities and they are to be categorised as one item, if common parlance test is applied. nThere were, at the time when the bye-laws of the respond- ent Committee were framed, five provisos to this section none of which authorised the imposition of any tax on any business and, therefore, they have no bearing on the ques- tion now under consideration.

1) and Item 18 is a torn lunky (M. Baraboni Coal Concern Ltd. Ashok Grah Udyog Kendra Private Ltd. Learned counsel for the respondent Commit- tee, however, urges that the growers of vegetables and fruits come on foot or in carts or on horses along the public street and stand outside the petitioner's shop and for such use of the public street the respondent Committee is well within its powers to charge the fees.

Sections 293(1) and 298(2) (J) (d) of the United Province Municipalities Act, 1916, as amended at the time they were extended to the town areas in the United Provinces do not empower the Town Area Committee to make any bye-law authorising it to 581 charge any fees otherwise than for the use or occupation of any property vested in or entrusted to the management of the Town Area Committee including any public street. The above incident detail (information come in light) on 28.

In the absence of any valid law authorising it, such illegal impo- sition must undoubtedly operate as an illegal restraint and must infringe the unfettered right of the wholesale dealer to carry on his occupation, trade or business which is guaranteed to him by article 19(1) (g) of our Constitution 75 582 In this view of the matter the petitioner is entitled to a suitable order for protection of his fundamental right Bye-law 1 of the respondent Committee to which a reference has already been made forbids a person from using any land within the limits of the town area for the sale or purchase of fruits and vegetables without paying the prescribed fee.

It will be noticed that under section 298 (2) (J) (d) as modified as aforesaid the respondent Committee is authorised only to make bye-laws fixing any charges or fees or any scale of charges or fees to be paid under section 9. 397/XI-871-E, dated the 6th February, 1929, whereby, in supersession of all previous notifications, the Provincial Government, in exer- cise of the powers conferred by section 38(1) of the United Provinces Town Areas Act, 1914, extended the provisions of sections 293(1) and 298(2) (J) (d) of the United Provinces Municipalities Act (11 of 1916) to all the town area in the United Provinces in the modified form set forth therein.

These bye-laws do not purport to fix a fee for the use or occupation of any immovable property vested in or entrusted to the management of the Town Area Committee including any public street or place of which it allows the use or occupation whether by allowing a projection thereon or otherwise. (3) If a question arises NRI Legal Services whether a dispute referred to arbitration under this section is or is not a dispute touching the constitution, management or business of a multi-State co-operative society, the decision thereon of the arbitrator shall be final and shall not be called in question in any court.

To buttress the submissions, the assessee relied upon CST v. Learned counsel for the respondents, however, draws our attention to section 38 of the Act which authorises the Provincial Government by noti- fication in the Official Gazette to extend to all or any or any part of any town area any enactment for the time being in force in any municipality in the United Provinces and to declare its extension to be subject to such restrictions and modifications, if any, as it thinks fit.

2006 held branch clearing of the general account in clearing it make clear that in Udhavi schedule 07 Rupees 13,00,000 entries which was originate by Malviya Nagar Durg Branch, it was not responded by Durg Branch. This is not a suit for specif- ic performance nor does any question of part performance under section 53A of the Transfer of Property Act arise. Bechu Ram Kishori Lal[2], and M/s Indodan Milk Products v. 93(1) and prescribing the times at which such charges or fees shall be payable and designating the persons authorised to receive payment thereof.

It remains then to be seen whether the use now sought to be made of the document is to evidence a collateral transaction not required to be evidenced by a registered instrument We are clear it cannot. 8 is the blood sample of the accused. We have not been referred to any notification whereby section '294 580 of the United Provinces Municipalities Act was extended to the respondent Committee. It appears, however, that the bye-laws of the respondent Committee were revised in Septem- ber 1942 and were then said to have NRI Legal Services been made under section 298 (2) (J) (d).

Provincial (Government, Central Provinces and Berar(1) and in Rajkrishna Prasadlal Singh Deo v. Section 293(1), as modified, authorises the respondent Committee to charge fees to be fixed by bye-laws or by public auction or by agreement for the use or occupation (otherwise than under a lease) of any immovable property vested in, or entrusted to the management of the Town Area Committee, including any public street or place of which it allows the use or occupation whether by allowing a projection thereon or otherwise.

nThe next question is whether the document can be used in evidence under the proviso to section 49 of the Registration Act. Under the VAT Act, bitumen has been classified under Part A of Schedule II and the tax leviable is 4%. 17 of 2000 decided on 3. In our opinion, the bye-laws which impose a charge on the wholesale dealer in the shape of the prescribed fee, irrespective of any use or occupation by him of immoveable property vested in or en- trusted to the management of the Town Area Committee includ- ing any public street, are obviously ultra vires the powers of the respondent Committee and, therefore, the bye laws cannot be said to constitute a valid law which alone may, under article 19(16) of the Constitution,ofimpose a restric- tion on NRI Legal Services the right conferred by article 19(1) (g).

Bye-law 4 (b), however, allows any person to sell in wholesale at any place in the town area, provided he pays the prescribed fees to the licensee. Our object in delving into this mass of historical material is to show that the mere use of the word "zamindar" proves nothing and that a passing reference to the term in the various documents which we will now examine cannot fix the petitioners' status as "intermediaries" when the Settlement Reports to which the documents appertain state in categorical terms that neither side would agree to a definition of their rights vis-a-vis each other and that consequently no attempt was made to define them.

Therefore, the bye-laws prima facie go much beyond the powers con- ferred on the respondent Committee by the sections men- tioned above and the petitioner complains against the en- forcement of these bye laws against him as he carries on business in his own shop and not in or on any immoveable property vested in the Town Area Committee or entrusted to their management. Then he proceeds to draw our attention to Notification No. Item 3(a) is a cut open garment (M. Item 1(a) and 2(b) contain the vagina swabs of the victim whereas Item 2(a) is vaginal smear collected from the victim.

A question has been raised that the original Ekrarnama of 1879 has not been filed and as no evidence was led to explain the reason for its nonproduction, secondary evidence of its contents is inadmissible. 2009 and on the basis of reasons ascribed therein dismissed the revision. The original bye-laws produced by learned counsel purport, however, to have been framed by the respondent Committee under sections 298 (2)(F)(a)and 294 of the United Provinces Municipalities Act (11 of 1916).

The tribunal referred to one of its earlier decisions in appeal no. We see no force in this belated contention. The Rubakari and the other documents referred to above were filed without any objection as to. (1) In many cases, 'even though the zamindars started as independent sovereigns vis-a-vis the ruling power, their rights were so whittled away in course of time that whatever they may once have been their present status has become one of subordination.