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NRI Legal Services London - When to deal with property concerning issues in property disputes without coming to India by LexLords - A Review Of NRI Legal Services

"Rogelio Carney" (2018-12-08)

It was further prayed that the respondents therein be ordered to refund the octroi tax as mentioned in the Schedule to the said petition which, it was alleged, had been illegally realised from the petitioner. 2 and not from respondent No. In order to obviate this hardship of sub-lessees, sub-section (4)(a), set out earlier, was introduced into the provisions of the Bombay NRI Legal services Rent Act. 2 was charging mileage nrillegalservices for transmission of goods from its depot to Dangiawas.

HOs9SZc.pngIt was further prayed that the respondent No. As a result of this decision, the sub-lessees in a building put up by a lessee nrillegalservices from the Government or a local authority under a building lease did not get any protection from being evicted at the sweet-will of the lessee and were denied the benefit of the provisions of the Bombay Rent Act. NRI Lawyers It was the case of the petitioner in the High Court, respondent No. We may make it clear in this connection that in the present case, the factual position emerging from the record appears to be that the entire building in which the said premises, namely, Gala No.

which are supplied to the respondent herein at Dangiawas by the Indian Oil Corporation. 104 of the Rajasthan Municipalities Act, 1959 (herein- after referred to as 'the Act') are as follows: 50,000 and after the completion of the building, the site and the building were to be leased to the bidder for a period of 99 years at a fixed yearly rent. In reply to para 6, it was stated that the current account facility was still provided and had not been stopped, that respondent No. It was held that if the benefit of the immunity was given only to the Government or a local authority and not to its lessee and the Act applied to the premises as against the lessee, it must follow that under Section 15 of that Act, it would not be lawful for the lessee to sublet the premises or any part of it and that if such were the NRI Legal consequences, NRI nobody would take a building lease from the Government or a local authority and the immunity given to the Government or a local authority would, for all practical purposes, and in so far as at any rate as the building leases are concerned, be wholly illusory and worthless and the underlying purpose for bestowing such immunity will be rendered wholly ineffective.

The tragedy took an immediate toll of 2,660 innocent human lives and left tens of thousands of innocent citizens of NRI Lawyers Bhopal physically impaired or affected in various degrees. The said appeal NRI Legal services may be taken up and disposal of the same would lead to the disposal of other appeals. In the said writ petition, the petitioner prayed for a direction or an order restrain- ing the respondents therein from realising any tax on die- sel, etc.

The expression "premises belonging to the Government or a local authority" in sub- section (1) shall notwithstanding anything contained in the said sub-section or in any judgment, decree or order of a court, not include a building erected on any land held by any person from the Government or a local authority under an agreement, lease, licence or other grant, although having regard to the provisions of such agreement, lease, licence or grant the building so erected may belong or continue to belong to the Government or the local authority, as the case may be".

The facts in that case were that the building site was auctioned to a person by the City Improvement Trust of Bombay with a condition that the bidder was to put up a building thereon of a certain description at a cost of not less than Rs. (diesel) which was brought by the Indian Oil Corporation within the local limits of Jodhpur Municipality was ultimately exported and sold to respondent No. What added grim poignance to the tragedy was that the industrial-enterprise was using Methyl Iso-cyanate, a lethal toxic poison, whose potentiality for destruction of life and biotic-communities was, apparently, matched only by the lack of a pre-package of relief procedures for management of any accident based on adequate scientific knowledge as to the ameliorative medical procedures for immediate neutralisation of its effects.

1 be directed to provide transport passes to the Indian Oil Corporation under rule 13 of the Rajasthan Municipal Octroi Rules, 1962 read with section 133 of Rajasthan Municipalities Act. The question, however, is whether the protection of that sub- section is available to the sub-lessee in a building leased by the lessee from the Government or a local authority or put up by a lessee of the land belonging to the Government or a local authority but not under any building lease or pursuant to any obligation imposed on the lessee to put up a building.

4 is situated belonged to the Bombay Port Trust. It was stated that the appellant was charging octroi from the respondent No. The case of the respondent No. That is clear from the contents of clause (ii) of Paragraph (2) of the Special Leave Petition preferred by the Appellants as well as the other material on record. It has nowhere been contended at any stage by the Appellants that the building in which the said premises are situated was put up by Respondent No.

We are, therefore, not concerned with the position of a sub-lessee in a building put up by a lessee of the land taken from the Government or a local authority without being under any obligation to do so. The contention of the counsel for the sub-lessee that the immunity given by the first part should be held to be available only to the Government or a local authority to which the premises belonged was 913 rejected. 1 took place at Jodhpur, and only the delivery was effected at Dangiawas as respondent No.

17 of 1976 was filed by M/s Parekh Automobiles, respondent No. 1 at Dangiawas for use, consumption or sale outside the Municipal limits and as such the Municipal Council had no jurisdiction to levy octroi tax on the same. (diesel) by the respondent No. 1 did not have its own tankers but for this the respondent No. 1 here- in, that the Municipal Council had no jurisdiction to levy octroi tax on the goods brought within the municipal limits but not sold, consumed or used therein and subsequently exported outside the said limits.

The Court observed that the conclusion was, therefore, irresistible that the Legislature did not by the first part intend to exempt the relationship of the landlord and tenant but intended to confer on the premises belonging to Government an immunity from the operation of the Act. It was held that the building belonged to the Improvement Trust and not to the bidder and a suit by the lessee of the Improvement Trust against his sub-lessee was not governed by the Bombay Rent Act as the premises belonged to a local authority within the meaning of Section 4(1) of that Act.

It was further stated that the disputed question of fact could not be adjudicated under Article 226 of the Constitution. ORDER The Bhopal Gas Leak tragedy that occurred at midnight on 2nd December, 1984, by the escape of deadly chemical fumes from the appellant's pesticide-factory was a horrendous industrial mass disaster, unparalleled in its magnitude and devastation and remains a ghastly monument to the de-huma- nising influence of inherently dangerous technologies.

PXadhAr.pngIt was stated that the question whether the contract of sale between the respondent No. 2 did not make the declaration as required by rule 9 and rule 13(4) of the Rajasthan Municipal Octroi Rules, 1962 and that the goods exported were to be 55 lessened only if such goods had not been sold within the Municipal limits and were exported out within a period of six months' from the date of entry. 1 took place at Jodhpur or at Dangiawas was a disputed question of fact to be decided by reference to the original agreement qua each transaction.

In analysing Section 4(1) of that Act, the Court pointed out that the sub-section has three parts, namely, (1) This Act shall not apply to premises belonging to the Government or a local authority, (2) this Act shall not apply as against the Government to any tenancy or other like relationship created by grant from the Government in respect of premises taken on lease or requisitioned by the Government and (3) this Act shall apply in respect of premises let out to the Government or a local authority.

In reply to the said writ petition, it was stated by the Municipal Council, being the appellant herein, that the sale of H. The relevant provisions of s. being the respond- ent No.