LexLords NRI Legal Services By NRI Legal Services LexLords

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NRI legal services, https://lexlords.com/wills-and-trusts/. 41 with a view to preserve it and the taxes etc. It seeks to bring about a substantive change in the law by stating, for the first time, that even where an agreement extinguishes NRI Legal Services the rights or discharges the liability of any party to an agreement, so as to restrict such party from enforcing his rights on the expiry of a specified period, such agreement would become void to that extent. 41 Grey Street dedicated by me shall 414 properly and agreeably to each other perform the sheba.

In our opinion, this contention is without force. For the purpose of the carrying on the daily (and) periodical sheba and the festivals, etc. It is no doubt true that costs are not taken into consideration and are treated as extraneous to the subjectmatter of a suit, and variation in the matter of costs does not make the decree of the appellate court a decree of variance; but as already stated, the appellant did not pray for the certificate on that ground.

On my demise none of my heirs and representatives shall ever be competent to take the income of the said land No. so, the ground on which the High Court had granted the certificate was erroneous and the certificate being defective this appeal could not be heard. 40/1 and spend (the same)for household expenses. He contended that the only variation made by the High Court in the judgment of the trial judge was in respect of costs and such a variation in the matter of costs only did not invoice the decree a decree of variance, and that 509 being.

Where a debt is incurred for necessity or benefit of the family, the manager, whether he be the father or not, has the undoubted power to alienate any portion of the coparcenary property for the satisfaction of such debts, irrespective of the fact as to who actually contracted the debts. , in respect of the said two properties will be paid. "Even a single individual," thus runs the text, "may make a donation, mortgage or sale of immovable property during a season of distress, for the sake of the family and especially for religious purposes"(1).

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. If there be any surplus left after defraying the Debsheba expenses the same shall be credited to the said Sridhar Jew Thakur's fund and with the amount so deposited repairs, etc; from time to time will be effected to the said house No. What emerges on a reading of the Law Commission Report together with the Statement of Objects and Reasons for the Amendment is that the Amendment does not purport to be either declaratory or clarificatory.

There were two money suits between the same parties which were tried along with the suit for partition and both of them were decreed by the trial judge, but dismissed by the High Court on appeal. 10,000 and the case involveda4 substantial question of law. The preliminary objection therefore fails. of the said Sri Issur Sridhar Jew Salagram Sila Thakur my said ,second wife Srimati Golap Moni Dasi, and 1st Sriman Rajendara Nath and 2nd, Sriman Jogendra Nath Ghose born of the womb of my first wife on living in the said house No.

It is always open to an appellant to support the certificate on grounds other than those, on which it has been actually ordered to be given. Srivastava who represented the debtors-landlords before us raised a preliminary objection that the certificate under section 110 of the Civil Procedure Code was defective and the appeal was thus incompetent and could not be entertained by us. This appeal is on behalf of the plaintiff and is directed against a judgment and decree of a Division Bench of the Patna High Court, dated the 8th of September, 1948, modifying those of the NRI Legal Services Additional Subordinate 179 Judge, Motihari, passed in Partition Suit No.

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. It is obvious that the ground on which the appeal was dismissed by the High Court raises a question of law of importance to the parties and that being so, on that ground alone the appellant was entitled to a certificate under section I 10, Civil Procedure Code. his also I dedicate to the Sheba of the said Sri NRI Legal Services Sri Sridhar Jew Salagram Sila Thakur.

The Amendment therefore seeks to set aside the distinction made in the case law up to date between agreements which limit the time within which remedies can be availed and agreements which do away with the right altogether in so limiting the time. The 183 authority of the manager is based upon the principle Of agency or implied authority which has been formulated in a text quoted by Mitakshara. He had NRI Legal Services expressly alleged that the decree being one of affirmance he was entitled to a certificate, because the subject of the suit as well as of the appeal was a sum of orver Rs.

The certificate therefore is good, though the -around on which it was granted is erroneous. We do not find any warrant for the view that to saddle the sons with this pious obligation to pay the debts of their father, it is necessary that the father should be the manager or karta of the joint family, or that the family must be composed of the father and his sons only and no other male member. No such limitation is deducible either from the original texts or the principles which have been engrafted upon the doctrine by judicial decisions.