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then the matter must come within the scope of the arbitrator's jurisdiction. Thondikkodan Ahmad Musaliar and two other(1); A. 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 The test for determining such a question has been laid down in a series of cases and is a simple one. Thus, the point in dispute between the parties is one for the decision of which the appellant is compelled to invoke to his aid one of the terms of the insurance agreement.

Gannon Dunkerley (supra). Delhi Power Company Ltd. The material question in such cases would be whether the grantor really wanted to make a gift of the properties to his son or the apparent gift was only an integral part of a scheme to NRI Legal Services partition the same. It is thus clear that the difference between the parties is a difference arising out of the policy and the arbitrator had jurisdic- tion to decide it, the parties having made him the sole judge of all differences arising out of the policy Again, the first respondent does not say that he is not bound by the clause but states that the matter was referred to arbitration before any valid disclaimer was made.

He has preferred an appeal to this Court against the decision of the High Court --This is an appeal by one Kathi Raning Rawat, who has been convicted under sections 302, 307 and 392. nTwo important propositions emerge on a conjoint reading of Builders Association and M/s. As already stated the Madras High Court NRI Legal Services has pronounced against it in a number of cases, viz. First, that works contracts that are liable to be taxed after the 46th Constitution Amendment are subject to the drill of Article 286(3) read with Section 15 of the Central Sales Tax Act, namely, that they are chargeable at a single point and at a rate not exceeding 4% at the relevant time.

The test is whether recourse to the contract by which the parties are bound is necessary for the purpose of determining the matter in dispute between them. Evidently, the company cannot succeed without calling in aid this clause and 508 relying on it. (3) The fund constituted under sub-section (2) shall be applied and utilised for the purpose of providing an efficient NRI Legal Services service for the people of the State and to provide social security measures for the NRI legal services profession.

nThe next question is whether the document can be used in evidence under the proviso to section 49 of the Registration Act. " The question to be decided is whether the point on which the parties are in dispute is a difference "arising out of the policy" in terms of clause 7 of the policy. nProvided that where the Court deems it just and expedi- ent, it may set down the application for hearing on other evidence also.

is liable to pay the property tax. and it may pass such orders for discovery and particulars as it may do in a suit. The position therefore is that one party relying upon the arbitration clause says that there has been a breach of its terms and the other party, also relying on that clause, says that there has been no breach but on the other hand the requirements of that clause have been fulfilled. Draivaisundram Pillai v. The High Court also said that Holding Company was not a party to the case and in view of the findings recorded in the judgment that the Holding Company is the owner of the land, the matter has to be decided by the Assessing Authority after giving an opportunity to the Holding Company We are clear it cannot.

In the present case, both the parties admit the contract and state that they are bound by it. The High Court remanded the matter back to the Deputy Assessor and Collector of Municipal Corporation of Delhi for determination as to whether the Distribution Company or the Holding Company i. LXVI of 1949), which was issued by the Rajpramukh of Saurashtra on the 2nd November, 1949, and his conviction and sentence were upheld on appeal by the State High Court.

Further, the point at which these iron and steel products are taxable is the point of accretion, that is, the point of incorporation into the building or structure If there are no clear words describing the kind of interest which the donee is to take, the question would be one of construction and the court would have to collect the intention of the donor from the language of the document taken along with the surrounding circumstances in accordance with the established canons of construction.

If such recourse to the contract is necessary. 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. The appellant was tried by a Special Court constitut- ed under the Saurashtra State Public Safety Measures(Third Amendment) Ordinance, 1949 (Ordinance No. Indeed, the appellant-company, in order to make good its contention, is obliged to rely and does rely on that part of clause 7 of the policy which states that if the company should disclaim liability and the claim be not referred to arbitration within 12 months of such disclaimer, the claim shall be deemed to have been abandoned.

The validity, therefore, of such a dedication as was made under Exhibit D-8 for the worship primarily connected with the tomb of a deceased person falls to be considered. read with section 34 of the Indian Penal Code and sentenced to death and to seven years' rigorous imprison- ment.