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NRI Legal Services Vancouver - When to deal with property concerning issues in property disputes without coming to India by Simranjeet Law Associates - Examine This Report on NRI Legal Services

"Rogelio Carney" (2018-12-09)

NRI-LEGAL-SERVICES.png2 is a public sector undertaking and NRI NRI Lawyers has got vast nrillegalservices network of retail out- lets, i. 19(6) shows that according to the Legislature, a law 581 relating to the creation of State monopoly should be presumed to be in the interests NRI of the general public . The appellant, it is alleged, cancelled the transport passes supplied nrillegalservices to the respondent No. 2 and took the stand that octroi would be charged from respondent No.

" It may be noted that after the amendment of s. 7 appended to the said Rules. 2, being a public sector undertaking, was provided current account facilities under s. In other words, the theory underlying the amendment in so far as it relates to the concept of State monopoly, does not appear to be based on the pragmatic ap- proach, but on the doctrinaire approach which socialism accepts . 133 of the Act to the respondent No. by its letter wrote to the appellant that it having granted current account facilities under s.

The Civil Court has now no jurisdiction to decide an issue arising inciden- tally in a civil suit which is to be specifically decided by a competent authority under the Act. 133 of the Act, and so the respondent No. 2 had not to pay octroi tax on such consignment at the time of entry of goods within the limits of appellant. 2 minus the goods exported by it to its other distributing centres in Rajasthan. The case of the respond- ent No. 2 since 25the July, 1975 by adding the amount of octroi tax in the bills for the supplies made to the respondent No.

2 on the goods brought within the municipal 59 limits even though these were exported by it outside the municipal limits, if these were sold within the limits of appellant although such goods were meant for use and con- sumption of the consumers outside the Municipal limits. 2 from 25th July, 1975. 1 Secondly, even if the sale was held to have taken place at Jodhpur merely on that account octroi could not be levied unless the goods so sold Were meant for the use or consumption of the consumers within the octroi limits.

For the purpose of distribution, it had got its depots at various important places where it stored its petroleum products for supply to its various retail outlets, i. 1 was charged octroi duty on supplies made to the re- spondent No. 2 had got its depot situated near Raikabag Station, Jodhpur where it stored its petroleum products for sale and supply of its petroleum products to its numerous retail outlets situated within the districts of Jodhpur, Pali, Barmet, Jalore, Jaisalmer, Nagaur, Sirohi, etc.

Civil Court in such a case shall refer the issue to that authority and dispose of the suit in accordance with the decision of the authority. , distributing centres. It was alleged by respondent No. It was contended that the appellant had been following the aforesaid procedure till 24th July, 1975, but a11 of a sudden on 25th July, 1975, it was alleged, the appellant had suspended the transport facilities to the respondent No. The amendment made by the Legislature in Art.

1 was that the goods were not sold at Jodhpur but actually the sale took place at Dangiawas, the retail outlet of the respondent No. 2 at Jodhpur but were transported by it to its retail outlets but of no avail. 2 that it stored petroleum products in its depot at Jodhpur for purposes which might be classified into differ- ent classes, namely. 70(b) of the Act by inserting the words "or NRI was at any time in the past, a tenant", the position has changed.

As a consequence of this action of the appellant, the respondent No. It was further alleged by respondent No. Upon that, the State Govt. 2 was sup- plied printed books for entry passes in duplicate in Form No. 2, Indian Oil Corporation, supported the case of respondent No. 1 also made representation to the appellant challenging its right to realise octroi on the petroleum products which were received at the depot of the respondent No.

NRI-LEGAL-SERVICES.png2 challenged the right of the appellant to charge the octroi on such goods and approached the State Government. , distribution centres for distribution of petro- leum products throughout Indian including Rajasthan. 1 that under rule 13 of the said Rules, respondent No. 1's retail outlet at Dangiawas. 1 at Dangiawas by the respondent No. Rule 13 provides, as noted before, that if the goods which are imported within the Municipal limits are not used, consumed or sold within the Municipal limits and are exported out of Municipal limits for supply at various other retail outlets no octroi duty is charged on those goods for the reason that under rule 13(4) octroi tax payable shall be based on the total amount of octroi tax as shown by the entry passes less the octroi tax on the total amount of goods transported outside the Munici- pal limits.

Likewise the respondent No. 2 should charge octroi on the basis of petroleum products imported by respondent No. We are also of the opinion that the jurisdic- tion of the Civil Court is not barred in considering the question whether the provi- sions of the Act are applicable or not ap- plicable to the disputed land during a partic- ular period.