A Review Of NRI Legal Services By LexLords India

34 of the Mysore Act brings out the distinction between I assessment ' and ' re-assessment '; and secondly, it is contended that the jurisdiction under s. Learned counsel for the assessees has invited our attention to In re Kashi Nath Bagla (1); (1) maybe stated here. In other words, did this order of reference NRI Legal Services include the respondent's claim for a share in the immoveable properties in Burma ? (2)Does the award in substance add back the initial contribution to the pension fund twice over in making calculations for ascertaining the available surplus ?

The extracted paragraph from Synthetics and Chemicals Ltd which distills the precedents on the States legislatives powers with regard to industrial alcohol, deserves careful consideration: Considering the facts of the case as averred by the petitioners and the rights claimed therein, we are of the considered opinion that the petitioners, even though have a right to establish institutions for imparting medical and technical education, such right is not a fundamental right. Two additional points urged in support of ground no.

4 We do not propose to make this Judgment prolix by once again minutely analyzing the several decisions of this Court, which have clarified that administrative or service charges can be recovered, but nothing over and above them; that while it would be unfair to insist on mathematical exactitude in the calculation of administrative service charges, there must be a perceptible correlation between the expenses and the collections; that it will not be permissible for the State to collect fees in respect of expenses incurred NRI Legal Services in its Excise Department, except those bearing a reasonable nexus with the administrative steps taken to ensure that there is no misutilisation or diversion of industrial alcohol for the purposes of producing potable alcohol.

In dealing with this question it is necessary first to ascertain the scope of the request made by the parties when they applied to the trial court for reference of their dispute to arbitration. , disscenting), that in view of the averments in the plaint which showed that not only the third respondent but the other members of his family, including respondents i and 2, were interested in denying the appellant's status as a legally wedded wife, respondents i and 2 were proper parties to the suit.

Learned counsel further submitted that the instrument in question relates to several distinct matters or distinct transactions inasmuch as the respondent borrower availed distinct loan from 13 different lenders, hence, the instrument falls under Section 5 of the Gujarat Stamp NRI Legal Services Act. At the hearing of this petition no oral evidence was led by the parties; they were content to base their case on the documents produced on the record and on points of law raised by them. This NRI Legal Services application was resisted by the respondent.

Parties will be at liberty to lead additional relevant evidence. (3)In allowing statutory depreciation to the appellant for the relevant years, has the award virtually allowed the said depreciation twice over having regard to the fact that a large amount has been written off by the appellant towards depreciation for the said period ? Held (per Sinha and Kapur jj. It is on this application that the court made the order that " all matters in dispute in this suit and all matters and proceedings connected therewith " be referred for determination to the two named arbitrators, The question which arises for our decision is: What was the scope and extent of the matters thus referred to arbitration ?

In their application (Ex. 109, Indian Penal Code, and the propriety of the sentence passed thereunder. -This appeal by special leave is limited to a particular question only, namely, correctness of the conviction of the appellant Galfu Sah for an offence under s. If, as a result of its findings, the amount of available surplus is likely to be materially affected then the tribunal should indicate what the available surplus in that case would be in respect of each of the companies in regard to each of the two years in question.

The parties had further agreed to produce their own papers and copies before the arbitrators and that if the arbitrators needed any further papers, accounts or documents which had been filed in court they should be authorised to require the Commissioner to send them to the arbitrators. It has been urged that the proviso to s. There is no doubt that the latter clause refers to matters and proceedings connected with the suit; NRI Legal Services but the appellants' contention can be upheld only if it is shown that the respondent's claim for a share in the properties in Burma was connected with the suit or was a part of the matters connected with it at the material time.

He traversed all the allegations made by the appellants and claimed that a decree in terms of the award should be passed. The tribunal should consider the evidence led by the parties, hear their learned advocates and make its findings on these issues. We would also direct the tribunal to consider whether, as a result of its findings on any of the said issues, any adjustment will have to be made in its final award.

The short facts are these. It is agreed and understood NRI Legal Services by the Licensee that out of the terms ˜Jetty the terms applicable for the purpose of this Agreement may be retained in this Agreement and other words/terms not applicable may be deleted. (1)In addition to the statutory depreciation allowed, is the appellant entitled to claim any deduction under the head of rehabilitation, and if yes, to what amount ? Some 22 accused persons, of whom the appellant was one, were tried by the learned Assistant Sessions Judge of Darbhanga for various offences under the Indian Penal Code alleged to have been committed by them.

necessary accounts and to decide all matters in dispute between them including costs. The Judgment of the Court was delivered by S. Then it is averred that appellants 3 to 5 are minors but it is added that the proposed reference was for their benefit and so another application had been separately made for the discuss court's sanction to the said reference in respect of the said minors. They had also agreed that they would abide by the 220 unanimous decision of the arbitrators and that the arbitrators should be empowered to partition the properties of the joint family between the parties and if necessary also by payment of monies to equalise the shares and, to take the.

34 is limited to ascertainment of extra income not assessed and the section does not confer jurisdiction to make a new assessment, for taxing whole of that assessment, under the Act. The tribunal should also make a finding as to the amount of bonus to which the respondents would, in its opinion, be entitled on this altered finding as to available surplus. The parties desire and agree ", said the application, that all matters in dispute in this suit and all matters and proceedings connected therewith should be referred to the unanimous decision of the two named arbitrators".

12) the parties have briefly indicated the nature of the respondent's claim and NRI Legal Services have stated that the dispute between the parties was then pending before the High Court in the form of three appeals preferred by them. The appellants contend that the order of reference includes not only all matters in dispute in the suit but also all matter,-, and proceedings connected therewith and their case is that these clauses are wide enough to include the respondent's claim for a share in the immoveable properties in Burma.