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NRI Legal Services Toronto - How to deal with property concerning legal issues in sale of property without coming to India by LexLords - How NRI Legal Services can Save You Time, Stress, and Money.

"Roxanne Krieger" (2018-12-09)


The Representation of the People Act, 1951 contains section 90 and the proce- dure of Election Tribunals under the Act was governed by the said provision. The lands that had been purchased by the claimant in the year 1962 for a sum of Rs. nrillegalservices Therefore, it obliges the Central Government to have 'due regard' to any matters, and it was urged on behalf of the victims that this should be read in order to make the provisions constitutionally valid as providing that the victims will have a say in the conduct of the proceedings and as such must have an opportunity of knowing what is happening either by instructing or giving Opinions to the Central Government and/or providing for such directions as to settlement and other matters.

PXadhAr.png7,000 per acre, were acquired pursuant to the notification dated 2. It is a fundamental princple well established that a decree passed by a Court without jurisdiction is a nullity, and that its invalidity could be set up whenever and NRI Legal services wherever it is sought to be enforced or relied upon, even at the stage of execution and even in collateral proceedings. The settlement is bad, according to Shri Shanti Bhushan if part of the bargain was giving up of the criminal liability against UCIL and UCC.

Sub-section (2) of section 90 provides that "Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the Tribunal, as nearly as may be, in accordance with the proce- dure applicable under the Code of Civil Procedure, 1908 to the trial of suits". Being an order without jurisdiction, it could be ignored by the person affected or challenged by him at any stage of the proceedings before any Court, particularly in a criminal case, vide Dhirendra Kumar v.

In other words, it was contended on behalf of the victims that the victims should be given notice NRI Lawyers of the proceedings and there- by an NRI opportunity, if they so wanted, to advance their view: The next aspect is that section 4 of the Act, which, according to the learned Attorney General gives limited rights to the victims in the sense that it obliges the Central Government to have due regard to any matters which such person may require to be urged with respect to his claim and shall, if such person so desires, permit at the expense of such person, a legal practitioner of his choice to be associated in the conduct of any suit or other proceeding relating to his claim".

Counsel also relied on the following observations made in Kiran Singh v . Election Tribunal, Kotah[1955] INSC 17; , [1955] 2 SCR 1. But taking by and large, and subject to that proviso, our laws of procedure should be construed, wherever that is reasona- bly possible, in the light of that principle. clearly suffered from the vice of extreme excessiveness. A defect of jurisdiction, whether it is pecuniary or territorial, or whether it is in respect of the subject matter of the action, strikes at the very authority of the Court to pass any decree, and such a defect cannot be cured even by consent of parties.

In its appeals the State contended that both the Land Acquisition officer and the Civil Judge had steeply enhanced the compensation for the lands of the appellants. ] "The answer to these contentions must depend on what the position in law is when a Court entertains a suit or an appeal over which it has no jurisdiction, and what the effect of Section 11 of the Suits Valuation Act is on that position. Of course, there may be exceptions and where they are clearly defined these must be given effect to.

HOs9SZc.png1984, in so far as it contained the impugned direction, was a complete nullity. Chaman Paswan, [AIR [1954] INSC 43; 1955 S. The next line of argument of learned counsel for the appellant is that the order dated 16. At page 9 of the report, Justice Bose observed as under: Justice Bose speaking for the court said that it is procedure, something designed to facilitate justice and further its ends, and cannot be considered as a penal enactment for punishment or penalties; not a thing designed to trip people up rather then help them.

Shri NRI Shanti Bhushan submit- ted that this Court should not hesitate to declare that the settlement is bad because the fight will go on and the victims should be provided reliefs and interim compensation by the Central Government to NRI Legal be reimbursed ultimately from the amount to be realised by the Central Government. Superintendent, [1954] INSC 48; [1955] 1 S. and that the further enhancement by the Civil Court to Rs. It NRI was reiterated that our laws of procedure are grounded on the principle of natural justice which requires that men should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings that affect their lives and property should not continue in their ab- sence and that they should not be precluded from participat- ing in them.

1963, that the Award of the Land 199 Acquisition Officer granting Rs. This obligation was over and above the liability of the Central Government as a joint tort-feasor, according to Shri Shanti Bhushan. (5) The Tribunal may, if it has not already dismissed the appeal under sub-section (4), after calling for and examin- ing the relevant records, and after giving the parties a reasonable opportunity of being heard or as the case may be, after following the procedure prescribed under subsection (2-A)-- (a) confirm, cancel or vary such order, or (b) set aside the order and direct the assessing or appellate or revisional authority or the Commissioner of Sales Tax, as the case may be, to pass a fresh order after such further inquiry, if any, as may be specified, or (c) order such amount of tax, fee or penalty or other money as may have been realised in excess of the due amount to be refunded according to the provisions of this Act.

If the question now under consideration fell to be determined only on the application of general principles governing the matter, there can be no doubt that the District Court of Monghyr was coram non judice, and that its judgments and decree would be nullities. 58,000 per acre was unduly generous for the acquisition was just about a year after the purchase.