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NRI Legal Services California - Why to deal with property concerning issues in sale of property without coming to India by LexLords - NRI Legal Services Things To Know Before You Buy

"Roxanne Krieger" (2018-12-02)

PXadhAr.pngLet us now proceed to consider the nature of the function of review NRI Legal and the decision thereon in the light of the principles laid down in these decisions. by nrillegalservices weighing evidence brought before or collected by such authority relevant to the purposes under Rule 30(1) (b) and Rule 30A(9) and then coming to a decision whether the order of detention needs continuation or not. 278 of the Code of Civil Procedure, 1882, could have appealed from the order, seems to have been made per incuriam.

The reason why Lalji Lal was precluded from contending that the property was NRI liable to be attached and sold in execution of the decree obtained by him was that in the absence of a suit under s. Sir John Edge observed :- "The petition of objection was a petition which the Subordinate Judge had to consider and dispose of and any party to that proceeding who was dissatisfied with the order which the Subordinate Judge might make could have appealed from it. 130 quently instituted a suit against the heir of Kamal Narain for recovery of possession of the property.

Lalji Lal was a party to that proceeding and he did not appeal, and the order became final and binding upon Lalji Lal and upon those who claim title under him. His severely disabled son, Rian, stays with him regularly, but he is not within the list of those who qualify for a bedroom under Reg B13(5) because he spends less than half his time with his father. 63, CPC, the adverse orders passed against Kashinath conclusively decided that the suit lands were not liable to be sold in execution of the money decree obtained by him against Ramtahal Pandey.

Nevertheless, it must be remembered that in such cases, the only remedy that a person detained has lies in the procedural safeguards that the legislature deliberately lays down. That is because of the consideration that national interest and security should have a prior claim than even the personal liberty of an individual who has acted or is likely to act in a manner prejudicial to them. But those orders were not conclusive on the question whether the lands were liable to be sold in execution of the mortgage decree obtained by Kashinath against Ramanandan Lal.

This conclusion seems to me to be consistent with the approach of the Court of Appeal in Campden Hill, where, as explained above, the natural meaning was adopted, and an unnatural wide meaning was rejected, when interpreting the words "structure nrillegalservices and exterior of the dwelling-house" in what is now section 11(1)(a). There can hardly be any doubt that in a case of the kind we have before us there must always occur a dilemma or a conflict between the claims on the one hand of personal liberty of an individual and these of national interests on the other.

a quasi-judicial decision. Mr Daly may have a powerful case for a DHP award, so that he can continue to pay his rent from state benefits for Rian’s sake, but I accept the Secretary of State’s argument that he has no proper basis for challenging the HB and DHP structure on equality grounds. This has nothing to do with the fact of his disability. In the two cases discussed above, the adverse orders in the claim proceeding became conclusive on the question whether the property was liable to attachment and sale in execution of the particular decree then sought to be executed.

That the impugned decision involves the right of personal liberty, a more cherished right than that one cannot conceive in our democratic State is obvious. The Privy Council held that the order dated September 14, 1886 became final and binding upon Lalji Lal and all persons claiming title under him. In such cases, however, utmost care has to be taken to comply with such few safeguards which the law justifying the loss of liberty provides. How can such an authority come to its decision honestly and properly unless it is certain that the materials before it are true and dependable.

It is equally obvious that the manner in which the question of continuation of detention enjoined upon by Rule 30A(9) has to be determined is by applying the objective standard as against the subjective opinion or the belief of the detaining authority i. It seems that no appeal lay from such an order. (1), the conclusion that we must come to is that the function entrusted to the authority under Rule 30A(9) as distinguished from the power under Rule 30(1) (b) is quasi-judicial and the- -decision which it has to arrive at cannot be anything other than.

NRI-LEGAL-SERVICES.pngWhere such procedural safeguards have been fully and properly complied with, the Court would have no power or would in any L4SupCI/67-9 122 event be reluctant, even if it has, to interfere. As Mr Rainey QC said in his submissions on behalf of Mr Kumarasamy, the decision of the Court of Appeal in this case, although on a different subsection 11, is hard to reconcile with the reasoning in Campden Hill.

Mr Daly occupies a two-bedroom property. Keeping in mind the five factors laid down in the case of The Board of High School and Intermediate Education U. " nrillegalservices The observation that the party dissatisfied with the order made under S. How is that certainty to be derived unless the person concerned is given an opportunity to correct or contradict such evidence either by explanation or through other materials which he can place before the authority. 283 of CPC of 1882, he and Sarju Prasad claiming title under him, could not subsequently contend that the property was liable to be sold in execution of the decree.

Equally, in the absence nrillegalservices of any suit under O.