Comentários do leitor

NRI Legal Services discuss on how to make succession certificate in India by LexLords

"Chad Lincoln" (2018-11-10)

gEHhPYD.jpgIn the present case there is an initial difficulty which has been pointed out to us. The notification would have been in consonance with the subsection, if it had mentioned the NRI Legal Services NRI Legal Services year ending March 31, 1948, (instead of March 31, 1949) as the crucial year for determining the class of dealers who would be subject to the liability under sub-s. 83 there are 180 petitioners residing at different places in the State of Bihar who are all Muslims whose occupation is that of Kasais or cattle dealers or exporters of hides.

The High Court no doubt says that the Magistrate was sitting as a court at the time; but there is no reference to the particular work, judicial or otherwise, which the 1380 Magistrate was doing at the time. The practice as to the filing of applications and affidavits varies from court to court and in some courts applications and affidavits are filed within NRI Legal Services stated hours before the reader or the bench clerk; they are so filed even when the Judge or Magistrate is in chamber or preoccupied with some administrative duties.

4 is a gut merchant, while Petitioner No. 1 and 2 are butchers and meat vendors who, according to the petition, only slaughter cattle and not sheep or goats and are called " Kasais " in contradistinction to the "'Chicks " who slaughter NRI Legal Services 637 only sheep and goats. Therefore, the discretion should be properly exercised keeping in NRI Legal Services view the settled principles of law as envisaged in Section 20 of the Act. 84 there are 170 petitioners all residents of Patna District who are also Muslims belonging to the Quraishi community and who carry on business as Kasais or dealers of cattle.

This case demonstrates that the High Court took irrelevant consideration into account to refuse to grant the decree for specific performance. " The essential ingredients of the offence are (1) intention, (2) insult or interruption to a public servant and (3) the public servant insulted or interrupted must be sitting in any stage of a judicial proceeding. After slaughtering the cattle these petitioners sell the hides to tanners or bide merchants who are also members of their community and the intestines are sold to gut merchants.

It is said that there are approximately 500 other Kasais in Patna alone apart from 2 lacs of other Kasais all over the State of Bihar. It is not very clear from the record if the learned Magistrate was sitting in any stage of a judicial proceeding when the application and the affidavit were filed. So far as the present case is concerned, it is not at all clear, from the record as placed before us, as to what was the judicial work which the learned Magistrate was doing when the application and affidavit were filed.

The respondent was sought to be proceeded against by reason of the aspersions he made in the application dated December 17, 1953, and the affidavit dated December 21, 1953. It also committed manifest illegality in reversing the concurrent finding of facts recorded by the trial court as well as the first appellant court, namely the appellant has always been ready and willing to perform his part of the contract.

consequently, the NRI Legal Services effect of the contracts was not in any manner changed so as to render the contracts void as not being in accordance with the by-laws of the Association, within the meaning of s. 5 is the General Secretary of Bihar State Jamiatul Quraish. 3 is the owner of a tanning factory and Petitioner No. In the case of Surya Narain Upadhyaya vs. It is only when a majority of the learned Judges on this Bench conclude that the matter needs hearing that it should be listed before the same Bench (as far as possible) which may pass appropriate orders.

" Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial NRI Legal Services proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Ram Roop Pandey and others, 1995 Supp (4) SCC 542, this Court while considering Section 20 of the Specific Relief Act held NRI Legal Services as under:- 4.

All the petitioners in these three petitions are citizens of India. If he was not doing any judicial work at the relevant time, then the third essential ingredient mentioned above was not fulfilled and NRI Legal Services the act complained of would not amount to an offence under s. 228, Indian Penal Code. 8 of the Bombay Cotton Contracts Act, 1932. Though the decree for specific performance is a discretionary power, yet the court is not bound to grant such a relief merely because it is lawful to do so; but the discretion of the court is not arbitrary, but sound and reasonable, guided by judicial principles of law and capable of correction by a court of appeal.

This mistake in the notification is the ground on which the High Court held that the assessments for the two quarters of the pre-Constitution period were invalid and without jurisdiction. The correctness of these figures is not admitted by the respondent State but we do not doubt that the number of Kasais is considerable.