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NRI Legal Services Chandigarh - When to deal with property concerning legalities in purchase of property without coming to India by Simranjeet Law Associates - A Secret Weapon For NRI Legal Services

"Rogelio Carney" (2018-12-08)


Therefore, a mere recital of what has already taken place cannot be held to declare any right and there would be no necessity of registering such a document. [492G] There is therefore, much to be said for the view that, in judging the condition of packing whose cost is to be included in the assessable value, one should go by the conduct of the parties and the nature of the packing in which the goods generally are--not, can be--placed in the wholesale market.

NRI-LEGAL-SERVICES.png nrillegalservices It appears to us that strictly speaking, unless the object of the context or inquiry nrillegalservices otherwise warrants the term 'adjour n- ment' in connection with a meeting should be applied only to the case of a meeting which has already convened NRI Legal and whi ch is thereafter postponed and not to a case where a noti ce convening a meeting is cancelled and subsequently, a noti ce for holding the same meeting on a later date is issued, as in the case before us. 49 of the Act will prevent its being admitted in evidence.

(2) When action is instituted on petition, a copy of the petition along with the annexures NRI Lawyers and affidavits shall be served upon the person charged. Khan Mohammed's case (supra) have been wrongly decided. 20,000 and mutilation of nrillegalservices the goods to the satisfaction of the Collector, at the cost of the appellant, and under NRI Legal the supervision of the Customs authorities. Abdul Rahman's case (supra) and A. 111 The Single Judge dismissed the Writ Petition taking t he view that as the Mayor in exercise of the powers conferr ed upon him under subclause (c) of clause (1) of Chapter II of the Schedule (under s.

If the High Court finds that the case should be remanded to the Trial Court to enable any of the parties to lead evidence on the question of the bona fide requirement of the landlord it may remit nrillegalservices the case to the Trial Court. The Collector of Central Excise, [1989] 3 SCR 974 case, referred to. 02 with countervailing duty as leviable under corresponding entry in the Central Excise Tariff. The judgment of the High Court which has proceeded on a wrong basis has, therefore, to be set aside.

17(1)(b) lays down that a document for which registration is compulsory should, by its own force, operate or purport to operate to create or declare some 1114 right in immovable property. The use of the past tense does not necessarily indicate that it is merely a recital of a past transaction. We hold that a landlord seeking eviction of a tenant from a non-residential premises under section 10(3)(a)(iii) of the Act in order to succeed in his petition should establish that he bona fide requires the premises in addition to proving the other ingredients referred to therein.

Secondary evidence of the factum of partition will not be admissible by reason of s. ) Section 4(4)(d)(i) of the Act lays down that where goods are delivered by the factory gate in a packed condition, the cost of the packing should be included in the assessable value. Since the High Court while allowing the revision petition has approached the case from a wrong angle, it is necessary to direct the High Court to decide it afresh in the light of what we have stated above.

453) in the Bombay Provincial Munic i- pal Corporations Act, 1949 can issue a notice for conveni ng the meeting, he is also entitled to the power to cancel or rescind the notice under the provisions of section 21 of t he Bombay General Clauses Act, 1904. Against this order the appellant filed an appeal before the Customs, Excise and Gold(Control) Appellate Tribunal, New Delhi. It is equally well-settled that a mere list of properties allotted at a partition is not an instrument of partition and does not require registration.

They are liable to be overruled. If it be not registered, s. The Appellate Tribunal disposed of the appeal ordering that the goods be released on payment of customs and other related duties under T. The clause makes no distinction between primary and secondary packing or further subsequent packing. 17(1)(b) of the Act, a writing which merely recites that there has in time past been a partition, is not a declaration of will, but a mere statement of fact, and it does not require registration.

[491H; 492A] The Tribunal was in error in approaching the problem before it by looking at the question whether the goods packed in the smaller cartons could be sold in a wholesale market in the course of wholesale trade at the factory gate without the outer cartons in which the smaller 481 cartons are packed. The Tribunal also stated that this is subject to Board's order about payment of redemption fine of Rs. Mahalakshmi's case (supra), M. The question is not whether these goods could be so sold but the question is whether these goods are so sold usually and as such used to become marketable in such manner.

(1) Notice to the person charged shall be in Form I. The persons charged shall, unless otherwise charged shall, unless otherwise ordered, appear in person before the Court as directed on the date fixed for hearing of the proceedings, and shall continue to remain present during hearing till the proceedings is finally disposed of by order of the Court. We, therefore, set aside the judgment of the High Court and remand it to the High Court again to decide it afresh.

We accordingly overrule them. Two propositions must therefore flow: (1) A partition may be effected orally; but if it is subsequently reduced into a form of a document and that document purports by itself to effect a division and embodies all the terms of bargain, it will be necessary to register it. The essence of the matter is whether the deed is a part of the partition transaction or contains merely an incidental recital of a previously completed transaction. (2) Partition lists which are mere records of a previously completed partition between the parties, will be admitted in evidence even though they are unregistered, to prove the fact of partition: See Mulla's Registration Act, 8th edn.

91 of the Evidence Act, 1872.