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NRI legal services - https://lexlords.com/protection-of-life-and-liberty/; It was the habit of the deceased of drinking alcohol and indulge in gambling. There is undoubtedly apparent force in this contention but there is another aspect of the question which requires consideration. He is further directed not to pass any decree under section 14 until the expiry of a period of NRI Legal Services one month from the last day on which he determines a claim under section 11. 79 and 80 of 1952-53, for the issue of writs of prohibition prohibiting the second tribunal from proceeding with the adjudication of the four disputes, the subject matter of the appeals.

In Chaudhri Bishunath Prasad v. We therefore set aside the conviction of both the appellants under the third charge NRI Legal Services and acquit them. For the reasons given above we hold that there is no evidence whatsoever on the record to prove that this letter Exhibit P-24 was antedated and that being so, the charge in respect of forgery of this letter also fails. It seems to us that in making these observations the learned Judges did not clearly bear in mind the distinctions between the provisions of sections 11 and 14 of the Act.

Once the accused persons came to know of the deceased having entered into agreement of sale, they had decided to get rid of him and thereby murdered him and threw the body below the bridge of the canal. Sub-section (4) off section 11 provides that any order passed by the special judge under this section shall be 512 deemed to be a decree of a civil court of competent jurisdiction. " Sub-section (3) directs the special judge to determine such claims before he proceeds to determine the amount due to any creditor under section 14.

He is also required to cause copies of such notice to be published in such paper or papers as he may direct and to exhibit it at his own office, at the office of the collector and at some 511 conspicuous place where the landlord resides. Section 11 (1) of the AA directs the special judge to publish a notice specifying the property mentioned by the applicant under section 8 or by any claimant under section 10. The deceased was last seen in the company of the accused.

In these circumstances, it is urged that if it was the intention of the parties that the decreeholder would be entitled to proceed against the separate property of the sons nothing could have been easier than to insert a provi- sion to that effect in the compromise decree. It was further held that as all. The object of the provisions made in section 11 (1) is to find out the extent of the property that can be utilized to-wards liquidation of the debts ascertained under the subsequent provisions of the Act.

4 and recovery of motor bike and nylon saree which was used for committing murder show that the chain of circumstances is complete. In these circumstances the High Court postponed hearing the 469 writ applications till the appeals had been heard by the Labour Appellate Tribunal. The appellant did not disclose the fact of disappearance of the deceased from 16. It was therefore submitted that the conviction recorded by the trial Court and affirmed by the High Court calls for no interference in the appeal The deceased was identified by the articles i.

Section 10 provides that every claimant referred to in section 9 shall in the written statement of his claim give full particulars thereof and shall state so far as - they are known to or can be ascertained by him, the nature and extent of the landlord's proprietary rights in the land and the nature and extent of the landlord's property other than proprietary rights in land. 2005 to the police and she was not the person to identify the articles belonging to the deceased.

Section 9 requires the special judge to publish in the official gazette a notice in English calling upon all persons having claims in respect of private debts both decreed and undecreed against the person or the property of the landlord to present to the special judge within three months from the date of the publication of the notice, a written statement of their claims. Section 14 lays down the procedure for determination of the amount of debts. Sarju Saran Tewari(1), another Bench of the Oudh Court held that an enquiry into the indebtedness of the landlord is to be carried out by the special judge in the presence of all the creditors, that though it is true that each creditor is interested in establishing his own debt against the landlord, he is further interested that the landlord should not be allowed to withhold any property from the court, and that if 'a claimant under section I I sets up a title to the property shown by the landlord to belong to him, although the real contest may for the time being be between the claimant on the one hand and the landlord on the other hand, it is to the ultimate interest of the entire body of the creditors that the property should be held to belong to the landlord, and if the decision is in favour of the landlord, all the creditors will be entitled to have their debts satisfied out of such property; but if, however, the decision is against them, the property will go out of the reach of the creditors and will not be available to them for the satisfaction of their debts.

It was submitted that the extra-judicial confession made by the appellant to P. They also filed writ applications under article, 226 of the Constitution of India before the Court, C. We cannot infer any intent to defraud or any intention to injure Amarnath, though in order to protect himself accused Patel made certain allegations against him. He is further directed to send a copy of the notice and a copy of the written statement under sub-section (1) of section 8 by registered post to each of the creditors whose names and addresses are mentioned in the statement under clause,(d) of sub-section (1) of section 8.

NRI Legal Services</A> max-width:440px;float:left;padding:10px 10px 10px 0px;border:0px;">Read as a whole, this letter cannot be said to have been written with the intention of causing any injury to Amarnath or for the purpose of creating a defence in respect of the second charge. Section 13 enacts that every claim, decreed or undecreed against the landlord shall, unless made within the time prescribed be deemed for ;III purposes and on all occasions to have been duly discharged. Section 11 (2) provides as follows:- Any person having any claim to the property mentioned in such notice shall, within a period of three months, from the date of the publication of the notice in the official gazette make an application to the special judge stating his claim and the special judge shall determine whether the property specified in the claim, or any part thereof is liable to attachment sale or mortgage in satisfaction of the debts of the applicant.

Each creditor has to establish his claim against the landlord as he (1) A. The points that arose for decision in the appeals as well as in the writ applications were substantially the same. The provisions of this section not only require a creditor to give particulars of his own debt but also give him opportunity to contend that the landlord has secreted some property. It was contended by the learned counsel appearing on behalf of the State of Tamil Nadu that the accused and the deceased used to quarrel frequently.

The letter read as a whole is an innocuous document and its dominant purpose and intent was to safeguard the interests of accused Patel and to protect him against any underhand or unfair act of his rival contractors. the creditors had not been joined as parties to the appeal and as they were interested in the result of the appeal, it could not be held that they were wholly unconcerned in the result of the case and therefore the appeal was not maintainable.

Section 14 lays down a definite procedure so far as the enquiry into the claims of creditors is concerned .