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NRI legal services - https://lexlords.com/divorce/. The police power is exercised in the interest of the community and the power of eminent-domain is exercised to . He finally submitted that conviction based on unsustainable evidence is nothing but sheer abuse of law and should be set aside. It was further contended that the alleged recovery of the country made revolver is false and that the same has been planted by the police. law falls within one category or the other. This payment has sometimes been called a tribute and sometimes even rent as in the order, dated the 9th August, 1878, of A.

is taken, the effect of' it '-on the rights of 'the person dispossessed and other such like elements must all determine the judicial verdict. All these proprietors are the descendants of Bhuiyan Chiefs and they claim that their ancestors were independent ruling chiefs of their respective principalities. Learned senior counsel further contended that the brother of the deceased " Ram Babu (PW-8) is the only witness to the alleged incident who is an interested witness and there are several material contradictions in his statement.

There is no dispute that in course of time they became subordinate vassals of the Raja of Gangpur. the particular law in question" will have to'be carefully scrutinised in order to determine in which category-' falls the taking of possession authorised by such law. and finally held that they are not debarred under Article 233. 41) In our considered view, it is clear from the facts of the case that the claims made by the appellant were essentially based on facts.

Consequently the findings given by the State Commission on this issue are set aside. It is easy to perceive, though somewhat difficult to express, the . They were accordingly probed on oral and documentary evidence adduced by the parties, which resulted in partial success of 3 claims in appellant's favour and rejection of 3 claims. = A consideration of the ultimate aim, the immediate purpose ::and the mode and manner of the taking 'of possession and, the duration".

The High Court failed to take note of certain telling factors emerging from the evidence on record and there are other fatal infirmities in the evidence relied upon by the prosecution which were not adverted to by the High Court. There is, however, evidence that the ancestors of the proprietor of Nagra had executed an Ekrarnama in favour of the Raja of Gangpur as to which more will be said hereafter. In view of the wide sweep of the State's police power it is neither desirable nor possible to lay down a fixed general test for determining whether the taking of possession authorised by any particular.

In our view, none of the Attorney/Public Prosecutor/Deputy Advocate General, ceased to be advocate and since each one of them continued to be advocate, they cannot be considered to be in the service of the Union or the State within the meaning of Article 233(2). 'for which such possession . He further contended that conviction basing reliance upon the statement of PW-8 corroborating with the evidence of Shyam Sunder (PW-5) is baseless. Hence, in regard to the issue relating to the liability to pay compensation we hold that, in Electricity Board is not entitled to get the compensation as claimed and as such the Appellant EPL succeeds in this issue.

implement a public purpose and in both cases there is a taking of possession of private, property There is however a marked difference between the exercise of these two sovereign powers. Without, therefore, attempting any such 'general enunciation of any inflexible rule it is possible to say broadly that the aim, purpose and the effect of the two kinds of taking of possession are different and that . He finally contended that in view of the doubtful features and other infirmities in the prosecution evidence as discussed above, it is not safe to rely upon the evidence of PW 8 whose evidence needs to be scrutinized with due care and caution.

There is no evidence on record that the ancestors of the proprietors of Hemgir and Sarapgarh ever received or accepted any Sanad or grant from the Raja of Gangpur. In this case we are of the view that the Annual Fixed Charges are not refundable for the surrendered portion of the electricity to the person in whose favour such electricity is surrendered. distinction between the two kinds of taking of possession which undoubtedly exists.

in each "case the provisions of. So far as the State is concerned, they did not pursue their counter claim consequent upon its rejection by the arbitrator. A judgment which has no relevance to the issue before us The view of the Division Bench is clearly erroneous and cannot be sustained. It appears from Connolly's Report, Mukherjee's Report and Ramdhyani's Report that neither the Raja of Gangngpur nor any of these proprietors was anxious to have their respective rights defined specifically and so the settlement officers made no attempt to do so with the result that their status Vis-a-vis the Raja of Gangpur remains undetermined.

There is no dispute that the ancestors of each of these proprietors paid every year to the Raja of Gangpur what has been called "Takoli" and the present appellants are continuing this annual payment. (VII) Every taking of a thing into the custody of the State or its nominee does not necessarily mean the taking of possession Of that thing within the meaning of art 31(2) so as to call for NRI legal services (imp source) compensation. Part VI : Rival Submissions In the light of the above position, the direction NRI legal services (imp source) given by the State Commission with reference to reimbursement of Annual Fixed Charges to the Electricity Board when the Electricity Board has not secured energy to the extent allocated under the proportionate principle is not correct as the same is misconceived.