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NRI Legal Services Vancouver - Why to deal with property concerning issues in succession problems without coming to India by SimranLaw - NRI Legal Services Things To Know Before You Buy

"Roxanne Krieger" (2018-12-09)

NRI-LEGAL-SERVICES.pngIn other words, in a NRI Legal realistic and practical sense, the tax was levied by both legislatures on the same amount and with reference to the same matter. State of Gujarat the first was a tax on the aspect NRI of ownership or occupation of property; the second on the aspect of income from property. The decision of this Court in Bhagwan Dass Jain v. 15 also NRI Lawyers will apply to decrees by which NRI Legal services the marriage is either dissolved or a n- nulled i.

The Income-tax Act also charges a NRI Lawyers tax on the same basis. The power to levy taxes with respect to 'property' has created similar problems. The pith and substance of the former, it was said, was not 'income' (from the property) though the tax was levied on the basis thereof. It also appears that t he custom of dissolution nrillegalservices of marriage prevalent amongst t he caste was-also compositely pleaded to the NRI above extent. State of Andhra Pradesh [1988] 1 SCC 743, whereas at p. ) Ralla Ram [1948] FCR 207 pointed out that they were different types of levies one on the land and buildings (generally, but not necessarily, measurable by reference to the income derived or capable of being derived) and the other on the income (actually or notionally) derived from it.

The scheme of the Arbitration Act is to provide a domestic forum, for speedy and substantial justice, untrammelled by legal technicalities, by getting the dispute re- solved by a person in whom the parties have- full faith and confidence. From the records we find that the custom of Udiki ma r- riage was pleaded by the fourth defendant, in her writt en statement, stating that after the death of Chinnavva (seco nd wife) in the year 1943 Gurappa married her (fourth defen d- ant) after she divorced her first husband Gurulingappa by mutual consent and the marriage was in Udiki form at Mir aj in accordance with their caste custom and that thereaft er she continued to live with Gurappa as his wife till h is death in the year 1966.

To have a provision making it obligatory for the arbitrator to give reasons for the award would be asking for the introduction of an infirmity in the award which in most cases is likely to prove fatal. Union, [1981] INSC 28; [1981] 2 SCR 808 is also to the same effect. Aggrieved thereby, the appellant went up in appeal before the Tribunal. The result is that most of the awards at present are made rules of the court despite objections to their validity by the party against whom those awards operate.

Learned counsel in face of this raised anoth er contention pertaining to the application of the Limitati on Act which we will examine later. The award given by such a person under the scheme of the Act can be assailed only on very limited ground like those mentioned in section 30 of the Act. 4 we entertain no doubt that the cust om of Udiki marriage was pleaded. Salve strongly relied on the observations of Justice Cardozo in C. 630 To decide the controversy the relevant provisions of the Act may be referred to.

There can, therefore, be no doubt that the transaction by which the suit house was transferred to the defendant-appellant for Rs. The Tribunal partly allowed the appeal of the appellant and 875 partly upheld the order of the Collector. The saree was worn by her and the Manga l- sutra was tied round her neck. But both levies have been upheld under the 1935 Act, the former as a 'tax on lands and buildings, hearths and windows' (Entry 42 of List II) and the latter as a tax on income (under Entry 84 of List I.

Considering the above in t he context of issue No. 759 this Court observed that variation of the rate of inter-state sales tax did affect free trade and commerce and created a local preference which was contrary to the scheme- of Part XIII of the Constitution. The contention of the appellant in respect of the benefit of exemption being available to the extent of export effected indirectly on the basis of the earlier decision of the Tribunal, was accepted by the Tribunal and the order of the Collector was modified to that extent.

So far as the question of classification of the different fittings was concerned, the Tribunal held that the classification should have been as nuts under Tariff item 52 of the Central Excise Tariff. 8,000 paid or provided by the plaintiff-respondent would be a benami transaction if this law is applicable to it. Sanjay Parikh has referred us in Weston Electronics [1988] 2 SCC 568 at 571. the rent it would fetch if let from year to year).

To similar effect are the observations to which Mr. S he also described the formalities of Udiki form of marria ge that a saree and a blouse were handed to her by the brid e- groom Gurappa and the Mangalsutra was given by Gurappa aft er uttering Mantrums. She further stated that there was a custom of Udiki form of marriage in Panchamsale sub-sect of Lingayat community to which she belonged and that there w as a custom for dissolution of marriage in her sub-sect.