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NRI Legal Services Canada - When to deal with property related legal issues in purchase of property without coming to India by LexLords - 5 Tips about NRI Legal Services You Can Use Today

"Rogelio Carney" (2018-12-08)

Section 4, which is headed "Determination of value for the purposes of duty, provides that where any article is chargeable with duty at rates dependent on the value of such article such value shall be deemed to be the whole sale cash price for which an article of like kind and quality is sold or is capable of being sold at the time of the removal of the article chargeable with duty from the factory or any other premises of manufacture or production for delivery, etc. Constitution or do away with the federal structure altogether.

NRI Lawyers" style="max-width:400px;float:left;padding:10px 10px NRI Lawyers 10px 0px;border:0px;">I have already said that I do not see the likely number of people affected as a critical factor in itself (para 42). A’s case for staying where she is, strong as that case would appear to be, has nothing to do with the size of the property; Mr Burnip’s case had everything to do with the size of the property and its ability to accommodate a carer. The defendant’s report presented a disturbing picture and it led to the withdrawal of the application.

It is said that if Art. To understand this rule and its implications something must be said first about the scheme of the Central Excise and Salt Act, 1944 and the Central Excise Rules, 1944. It also defines ,curing' as including any process for rendering an unmanufactured product fit for marketing or manufacture. So it is urged that, we should,interpret Art. Among other authorities, the point is well illustrated by the decision of the Court of Appeal in W v Egdell [1990] 1 Ch 359.

Ordinarily it is a matter for the court to decide the question whether there has been a breach of a duty of confidentiality, applying established principles of law to its own judgment of the facts. The defendant, a consultant psychiatrist, was engaged on his behalf to prepare a report in connection with an intended application to a mental health review tribunal for his discharge. The Central Excise Act defines 'excisable goods' to mean goods specified in its First Schedule and subject to a duty of excise.

41 (1)(b), by itself, excludes its applicability to passenger fares. Parliament May do all kinds of things, which were never intended, under this unfettered power and may, for example, abolish elected legislatures, abolish the President or change the present form of Government into a Presedential type like the United States. The distinction between Burnip and A is that in Burnip there was a transparent medical need for an additional bedroom, whereas A has no need for a three-bedroom property.

The defendant was nevertheless so concerned that matters in his report ought to be known to those responsible for the plaintiff’s care and discharge that he sent a copy of it to the medical director at the hospital, with a view to its onward transmission to the Home Office. The plaintiff sued the defendant for breach of his contractual duty of confidence. 'Manufacture' is defined to include any process identical or ancillary to the completion of a manufactured product, and certain processes in relation to tobacco and salt are included in manufacture, but with these we are not concerned.

'NRI Lawyers" style="max-width:450px;float:left;padding:10px NRI Legal 10px 10px 0px;border:0px;">He added that it did not follow that the doctor’s conclusion was irrelevant; in making its ruling the court would give such weight to the doctor’s considered judgment as seemed in all the circumstances to be appropriate. ,Charges are often made by the Railway for wharfage and demurrage, but the jurisdiction of the Tribunal to deal with the fixation of these charges is expressly taken away by s. The Act further defines 'factory' to mean any premises including the precincts wherein excisable goods are manufactured, or wherein or in any part of which any manufacturing process connected with the production 209 of these goods is being carried on or is ordinarily carried on.

Bingham LJ said, at p 422, that the answer to the question whether the doctor’s disclosure was justified "must turn not on what the doctor thinks but on what NRI Legal services the NRI NRI court rules". 368 is held to confer full to amend each and every part of the Constitution as has been held in Sankari Prasad's case(1). The plaintiff was detained in a secure mental hospital, under a hospital order coupled with a restriction order, after pleading guilty to manslaughter on the grounds of diminished responsibility.

To favour those in a small group with strong societal reasons for staying in a bigger property than they need over those in a larger group with equally strong or possibly stronger reasons would be truly irrational. Dismissing the action, the trial judge held that the doctor’s duty of confidentiality did not bar him from disclosing the report to the hospital if the doctor judged the report to be relevant to his care, nor from disclosing it to the Home Secretary if the doctor judged the report to be relevant to the exercise of the Home Secretary’s discretionary powers.

Lastly an argument had been advanced which we may call the argument of fear. The Court of Appeal upheld the judge’s decision but not his approach. Section 3 of the Act lays down inter alia that there shall be levied and collected in such a manner as may be prescribed duties of excise on all excisable goods which are produced or manufactured in India at the rates setforth in the First Schedule.