LexLords NRI Legal Services Mumbai By NRI Legal Services LexLords
NRI legal services https://lexlords.com/protection-of-life-and-liberty/. "The ownership of father and son is co-equal in the acquisitions of the grandfather, whether land, corody or chattel. 2,26,850 odd was shown as commission due to the firm on the profits for the year 1941-42 and the said sum was also debited as an item of business expenditure and credited to the managing agents' commission account, but the aforesaid sum was subsequently carried to a suspense account by a resolution of the company as a result of a request made by the firm that a debt due by the firm to the company may be written off : Where, under the terms of a managing agency agreement the assessee firm who were the managing agents of a company were entitled to a certain percentage of the profits as their commission and in the books of the company maintained by the firm a sum of Rs.
" It is to be noted that Vijnaneswar invokes this passage in Chapter 1, section 5 of his work, where he deals with the division of grandfather's wealth amongst his grandsons. Thus, Section 6 reiterates the apparent distinction between acquisition for a public purpose and acquisition for a company. It is explicitly made clear that such declaration shall be subject to the provisions of Part VII of the Act which bears the chapter heading Acquisition of Land for Companies. The father's gradsons, it is said, have a right by birth in the grand estate equally with the sons and consequently are entitled to shares on partition, though their shares would be determined per stirpes and not per capita.
Rules I and 3 of Schedule I Of the Code of Civil Procedure do not lay down that every person who is ultimately interested in the result of a suit should be impleaded as a defendant. 518 would do if he had filed a suit against him. In the ancestral or grandfather's property (1) Vide Muddun v. Nevertheless, we think that a petitioner is entitled to relief ex debito justitiae if he establishes (1) violation of the principles of natural justice in that he was not a party to the lis but the judgment adversely affected his interests or, if he was a party to the list, he was not served with notice of the proceedings and the matter proceeded as if he had notice, and (2) where in the proceedings a learned judge failed to disclose his connection with the NRI Legal Services subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.
This enquiry is made after the quantum of the property of the NRI Legal Services debtor has been ascertained under section 11. Taking advantage of the constitutional amendment, Section 5-B was inserted in the Karnataka Sales Tax Act, 1957. Eminent domain is thus inherent power of a governmental entity to take privately owned property, especially land and convert it to public use, subject to reasonable compensation for the taking (vide P.
This discussion has absolutely no bearing on the present question. As already pointed out, if any creditor raises any dispute as to the quantum of the property as he is entitled to raise such a dispute in his written statement filed under section 10, in that situation it may well be held that such a creditor is directly interested in the enquiry under section 11 ; but it is difficult to see that all other creditors who have accepted the list of property filed by the debtor as true are directly interested in the enquiry under that section and are as such necessary parties and that without impleading them the enquiry cannot proceed.
This Section reads as follows:- Section 5-B: Levy of tax on transfer of property in goods (whether as goods or in some other forms) involved in the execution of works contracts nSection 5(4) Notwithstanding anything contained in sub-section (1) or Section 5-B or Section 5-C a tax under this Act shall be levied in respect of the sale or purchase of any of the declared goods mentioned in column (2) of the Fourth Schedule at the rate and only at the point specified in the corresponding entries of columns (4) and (3) of the said Schedule on the dealer liable to tax under this Act on his taxable turnover of sales or purchase in each year relating to such goods: The Karnataka Sales Tax Act was amended to tax goods involved in works contracts.
There is an important and crucial proviso to Section 6 which has a bearing on the question whether the acquisition is for a public purpose or for a company. All that these rules insist upon is that all persons should be joined as defendants against whom any right to relief is alleged to exist, provided that such right arises in respect of the same act or transaction or series of acts or transactions and the case is one where common question of law or fact would arise.
It is not possible to hold that the objector can claim any right to relief against the creditors as such. Ramanatha Aiyars Advanced Law Lexicon, Vol. a distinction is made in NRI Legal Services this respect by Maitakshara itself. It is undoubtedly true that according to Mitakshara, the son has a right, by birth both in his father's and grandfather's estate but as has been jointed out before. The second proviso lays down that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority.
