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NRI Legal Services Ludhiana - When to deal with property concerning legalities in encestral property disputes without coming to India by Simranjeet Law Associates - NRI Legal Services - An Overview

"Roxanne Krieger" (2018-12-09)


PXadhAr.pngThis in actual practice will mean that if the State Legislature wishes to control or regu- late trade, commerce and intercourse in such a way as to facilitate its free movement, it must yet proceed to make a law under Art. These allegations are stoutly opposed by the first respondent inter-alia contending that "these pleadings are in violation of the provisions contained in Section 83(b) of the Act as no details of the date and place of commission of each such practice have been mentioned and in absence there- of, it is not possible for this respondent to effectively rebute such vague allegations", and the allegations that Shri Sharma distributed money to the voters are also too vague to be rebutted properly as the names of the voters to whom money is said to have been paid and also lack of par- ticulars with regard to the date, time and the amount of money allegedly distributed.

While I agree with the conclusions reached by my NRI Legal learned NRI brother Hon' Mukharji, J. , [1954] INSC NRI Legal services 117; [1955] 1 SCR 1071, referred to. Some of the entries in the statement do show deposits and 41 withdrawals of lesser amounts on the same date, but that is not enough for arriving at any conclusion whether the bank was collecting as a holder for value and not merely as an agent of the customer. Louisiane Light [1971] 2 SCC 779 and D. It was contended that the rule was 517 intended for NRI the regulation of the exhibition of cinematograph films in the licensed premises, and was within the scope and purposes of the Act.

The following observations of the United States Supreme Court in New Orleans Gaslight Co. NRI Legal services Then, it is the duty of the court to find out its true intent and purpose and to examine a particular legislation in its pith and substance to determine whether it fits in one or the other of the lists. established a NRI Legal factory in Bareilly. The State Government found that exhibition of five NRI Lawyers shows in a day was not conducive to the health of the cine-goers and therefore it framed Rule 41-A limiting the shows.

These allegations relate to the charge of obtaining or procuring the assist- ance of the Government servants in service for the further- ance of the prospects of the election of the first respond- ent failing within the mischief of Section 123(7) of the Act. 593 It is found from the judgment of the High Court that this issue was earlier declared vague and it was thereafter the first part of the issue which was re-cast as per the particulars substituted in the amended pleadings in para- graph 6(a) of the election petition.

, [1885] USSC 240; 115 U. The main argument in favour of this levy imposed by the State Legislature is on the basis of Entry 49 in List II of the Seventh Schedule conferring jurisdiction on the State Legislature. I have my own reasons for the same. (4) It is well settled that widest amplitude should be given to the language of these entries, but some of these entries in different lists or in the same list may overlap and sometimes may also appear to be in direct conflict with each other.

Respond- ent contended before the High Court that (i) it was entitled to exemption of duty; (ii) that the demand for payment of excise duty was time-barred and (iii) that Rules 10A under which the demand has been made are ultra rites as there was provision in the Act to enable the Government to frame rules for the recovery of duty short-levied. It appears that in May, 1963 M/s Synthetics [1970] 1 SCR 479; Union of India v. It appears to us that there are certain fallacies basic to the argument.

HOs9SZc.pngThe question therefore to be determined is whether the jurisdiction of the State Legislature under Item 49 of List II could be so exercised to impose a cess on the royality prescribed under Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957. The Respondent-firm challenged the validity of the demand by filing a Writ Petition in the High Court. Industrial alcohol is said to be one of the basic raw-materials for the manu- facture of synthetic rubber.

It was further pleaded before the High Court that the impugned Rule 41-A was not violative of Article 19 of the Constitution as it placed a reasonable restriction in NRI Lawyers the interest of general public as contemplated by Article 19(6) of the Constitution. Each general word should be held to extend to all ancillary or subsidiary matters which can fairly and reasonably be comprehended in it. Accordingly, the Govt. Bhuwalka Brothers Ltd.