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The first line of reasoning, therefore, seems to us to be of no substance. Commissioner, Trade Tax, U. Therefore, it should be borne in mind that the aid of the section should be invoked only with the object of discovering relevant facts or obtaining proper proof of such NRI Legal Services facts for a just decision of the case and it must be used judicially and not capriciously or arbitrarily because any improper or capricious exercise of the power may lead to undesirable results.

For the said purpose, he has relied upon the authority in Sonebhadra Fuels v. He has drawn inspiration from the language used in Section 2(t) of the VAT Act to structure the submission that in the process of conversion, manufacturing takes place. Agarwal that it has erred NRI Legal Services in opining that bitumen in its emulsified form also remains bitumen. So far as the NRI Legal Services consequences are concerned, there is no material difference between an adoption and an act of surrender by the widow.

Section 24(2) also begins with non obstante clause. State of Maharashtra[19] and proceeded to opine that:- The principle of law that emerges from the views expressed by this Court in the above decisions is that the NRI Legal Services criminal court has ample power to summon any person as a witness or recall and re-examine any such person even if the evidence on both sides is closed and the jurisdiction of the court must obviously be dictated by exigency of the situation, and fair play and good sense appear to be the only safe guides and that only the requirements of justice command the examination of any person which would depend on the facts and circumstances of each case.

It is his further argument that the decision in Osnar Chemical Private Limited (supra) is not applicable to the present controversy as the said decision was rendered in the context of the Central Excise Act, 1944 whereas the lis herein hinges on the definition of manufacturing. 1071 of 2002 whereby the High Court dismissed the petition filed by the appellant herein. This provision has overriding effect over Section 24(1). In our opinion, there is no warrant in Hindu law for the proposition that in case of alienation by a Hindu widow of her husband's property without any justifying necessity, or in the case of a stranger acquiring title by adverse possession against her the interest created is to be deemed to be severed from the NRI Legal Services inheritance and if a surrender is made subsequently by the widow, the surrenders must take it subject to such prior interest.

358 the date of the proprietor's death, although the fact is otherwise. The proviso appended to Section 24(2) deals with a situation where in respect of the acquisition initiated under the 1894 Act an award has been made and compensation in respect of a majority of landholdings has not been deposited in the account of the beneficiaries then all the beneficiaries specified in the Section 4 notification become entitled to compensation under the 2013 Act.

On the lapse of such acquisition proceedings, if the appropriate Government still chooses to acquire the land which was the subject-matter of acquisition under the 1894 Act then it has to initiate the proceedings NRI Legal Services afresh under the 2013 Act. [Emphasis supplied] It is important to note here in the said case, it was also observed that:- Though Section 540 (Section 311 of the new Code) is, in the widest possible terms and calls for no limitation, either with regard to the stage at which the powers of the court should be exercised, or with regard to the manner in which they should be exercised, that power is circumscribed by the principle that underlines Section 540, namely, evidence to be obtained should appear to the court essential to a just decision of the case by getting at the truth by all lawful means.

1) This appeal has been filed against the judgment and order dated 03. 2008 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jaipur in Criminal Appeal No. in the Allahabad case(1) cited above enunciated the law with perfect precision when he said that the effect of an alienation by a widow is not to spilt up the husband's estate into two parts or to give to the alienee an interest necessarily co-extensive with her lifetime.

(i) physical possession of the land has not been taken, or (ii) the compensation has not been paid; such acquisition proceedings shall be deemed to have lapsed. Section 24(2) enacts that in relation to the land acquisition proceedings initiated under the 1894 Act, where an award has been made five years or more prior to the commencement of the 2013 Act and either of the two contingencies is satisfied viz. The reversionary right to challenge it is no part of the widow's estate at all and, therefore, could not be surrendered to the reversioner.

Further it is incumbent that due care should be taken by the court while exercising the power under this section and it should not be used for filling up the lacuna left by the prosecution or by the defence or to the disadvantage of the accused or to cause serious prejudice to the defence of the accused or to give an unfair advantage to the rival side and further the additional evidence should not be received as a disguise for a retrial or to change the nature of the case against either of the parties.