LexLords Non Resident Indians By NRI Legal Services LexLords

It is not the case of the writ petitioner that he has NRI Legal Services been discriminated against or otherwise denied fairness in action. Modun Mohun(2) may (1) Vide Lalta Prashad v, NRI Legal Services Gazadhar, 55 All. If the debt was not tainted with immorality, it was open to the creditor to realise the dues by attachment and sale of the sons' coparcenary interest in the joint property on the principles discussed above. As has been NRI Legal Services laid down by the Judicial Committee in a series of cases, of which the case of Nanomi Babuasin v.

Alagurajan " PW12 on 22. Thus, strictly speaking, the writ petitioner has no NRI Legal Services right for allotment of a shop at Gazipur. The finding as to the existence of a public trust in such circumstances would be no more than an obiter dictum and cannot constitute the final decision in the suit. could be comprehended within the expression in the manufacture of goods for sale within the meaning of section 8(3)(b) of the Central Sales Tax Act, 1956.

In the event of the appellants being held liable for payment of the decretal debt, it would be open to the executing court to make an order that the decreeholder should in the first instance proceed against the separate property of the father which was allotted to him on partition and which after his death devolved upon the sons; and only if such property is not sufficient for satisfaction of the decree, then the decree could be executed for the balance against the ancestral property in the hands of the appellants.

What has been said about the excise cases squarely applies here. We have given our thoughtful consideration to the submissions advanced at the hands of the learned counsel for the appellant. Sinha, the learned counsel for the respondent as to whether the petitioners case was considered by the Board. On due consideration of the submissions made by learned counsel for the parties, it is clear that the respondent- writ petitioner is no longer to be displaced from his existing place of business.

In this case, the question was whether drawing materials, photographic materials etc. Notwithstanding the prayers made, extracted above, in essence, the writ petition seeks interference with the order of conviction and the sentence imposed on the petitioner by this Court by its judgment and order dated 30th January, 2003 passed in Criminal Appeal No. Sinha informs me that the petitioners case was rejected, as the petitioner was not found eligible.

He was duly considered for the available shops in Okhla with the persons displaced from Phool Mandi, Darya Ganj who were eligible for an alternative allotment of shops, but he could not succeed. As noticed hereinabove, there was a clear and categoric extra-judicial confession made by the appellant to R. However, since his claim has been under consideration since long, he could be considered with other eligible applicants, for allotment of shop, subject to a surplus shop being available.

Daphtary that the notification appointing the first tribunal for a period I of one year was illegal and that the first tribunal continues to exist is without force. In order to determine whether such materials would qualify as such, this Court held that where any particular process is so integrally connected with the ultimate production of goods that, but for that process, manufacture or process of goods would be commercially inexpedient, goods required in that process would fall within the expression in the manufacture of goods.

During the course of recording his testimony, R. To this extent the appeal is allowed and the final decree modified. Cotton Spinning , (1965) 1 SCR 900, is a judgment in which Section 8 of the Central Sales Tax Act was pressed into aid on behalf of the appellant. The order for costs made by the courts below will stand. We have also noted the stand of the appellant that Gazipur Mandi shops are for the allotment of shops to persons who have been displaced from Shahadra, in which category the case of the respondent does not fall.

Parthasarathi, 57 Mad. His testimony however remained unshaken. The expression used in Section 8 of the Central Sales Tax Act is not in the manufacture of goods, but in the manufacture of goods for sale, bringing in the element of marketability. His further contention that the Government could not withdraw the dispute referred to the first tribunal so long as the members of the first tribunal were available and could not hand it over to the 'second tribunal cannot also be sustained.

but when the case of the plaintiff fails for want of a cause of action, there is no warrant for giving him a declaratory relief under the provision of section 92, Civil Procedure Code. Each party will bear his own costs in this appeal. The result is that in our' opinion the decision of the High Court should stand, but the decree and the concluding por- tion, of the judgment passed by the trial court and affirmed by the High Court on appeal shall direct a' dismissal of the plaintiff's suit merely without its being made subject to any declaration as to the character of the properties.

Alagurajan " PW12 was subjected to vigorous cross-examination.