LexLords NRI Legal Services Fees By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/partition-of-property/; Sayyad Habib (2) and held that this jurisdiction is inherent in every High Court and not merely in the three Chartered High Courts. This matter is thus fully covered by the decision of this Court in Anar Devis case and it was not open to defendant Bhanaram to question the ownership of the plaintiffs- landlords. On the fact of that case, the court held that 'the difficulty in applying this rule to the present case arises from the fact that tenancy from year to year or reserving an yearly rent can be made only by registered instrument as lays down in Section 107 of the Transfer of Property Act.

Section 2 (ee) defines Fund to mean the Consumer Welfare Fund established under Section 12-C. Clause (e) to proviso of Section 11-B (2) also enables the buyer to receive the refund if he had borne the duty of excise, provided he did not pass on the incidence of such duty to any other person. However, they submitted that even on transfer they continued to hold the public office and, therefore, requirement of obtaining sanction was mandatory.

Consequently, when the rent reserved is an annual rent, the presumption would arise that the tenancy was an annual tenancy unless there is something to rebut the presumption. In the instant case though defendant Bhanaram in his written statement had denied ownership of the plaintiffs he went on to add, This being a suit for eviction of a tenant, the question of ownership is not relevant to the suit.

If it is no contract in law, the section will be operative and regulate the duration of the lease. There is a third category of a class of applicants who may be specified by the Central Government by a notification in the official gazette who are also entitled for refund of the duty of excise. This court held that this section 106 lays down the rule of construction which is to be applied when there is no period agreed upon between the parties and in such cases duration has to be determined by the reference to the object for purpose for which tenancy is created.

It may be mentioned that at the time of filing the complaint, the appellants had been transferred from the offices which they were holding by virtue of their promotion. The learned senior counsel submits that in the instant case, the requirements under Section 106 of the Act need to be adhered to, as NRI Legal Services clause 6 of the agreement operates as a contract to the contrary. It has no doubt been recognised in several cases that the mode in which a rent is expressed to be payable affords a presumption that the tenancy is of a character corresponding there to.

On facts, it must be held that defendant Bhanaram had without any doubt regarded the plaintiffs as landlords and owners of the suit house. It was further held that it is not disputed that a contract to the contrary as contemplated by Section 106 of the Transfer of Property Act need not be an express contract; it may be implied, but it certainly should be a valid contract. ' (emphasis laid by this Court) The learned senior counsel further places reliance on the decision of this Court in the case of K.

NRI Legal Services A plain reading of Clauses (d), (e) and (f) of the proviso to Section 11-B (2) shows that refund to be made to an applicant should be relatable only to the duty of excise paid by the three categories of persons mentioned therein i. In Ram Kumar Das (supra), Section 106 was considered by a bench of four judges of this court. It was also held that rule of construction embodied in this section applies not only to express leases of uncertain duration but also to leases implied by law which may be inferred from possession and acceptance of rent and other circumstances.

There is a proviso to Section 11-B (2) which postulates that the amount of excise duty which is refundable may be paid to the applicant instead of being credited to the fund, if such amount is relatable to the duty of excise paid by the manufacturer and he had not passed on the incidence of such duty to any other person. the manufacturer, the buyer and a class of applicants notified by the Central Government. In 1927 another Full Bench of the Lahore High Court consisting of five judges re-examined the position: In the matter of Muslim Outlook, Lahore(' They reaffirmed their earlier decision in The Crown v.

In his cross-examination he clearly admitted that the lease from Nazul Department stood in the name of the plaintiffs and that the witness himself had produced that document in some other proceedings. He had further admitted that he used to pay rent by money orders in the name of the father of the plaintiffs. Section 11-B (2) provides that, in case it NRI Legal Services is found that a part of duty of excise paid is refundable, the amount shall be credited to the fund. The sine qua non for a claim for refund as contemplated in Section 11- B of the Act is that the claimant has to establish that the amount of duty of excise in relation to which such refund is claimed was paid by him and that the incidence of such duty has not been passed on by him to any other person.

Saha it may be implied, but it certainly should be a valid contract. Clause (e) refers to the buyer which is not restricted to the NRI Legal Services first buyer from the manufacturer.