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NRI Legal Services California - Why to deal with property concerning issues in sale of property without coming to India by LexLords - Not known Details About NRI Legal Services

"Elisha Hilson" (2018-12-09)

HOs9SZc.pngThe Appellate Collector, Central Excise in his order noted the contentions of the appellant that the appellant had produced sufficient evidence to prove that the crude PVC sheets which were the subject-matter of the Show Cause Notice in that case and which are also the subject-matter of the present show cause notice were not nrillegalservices known in the market as PVC nrillegalservices sheets nor were 386 these marketable as PVC sheets. " The same crude PVC films which have been manufactured by the appellant and used in the manufacture of some other end product were subject-matter of adjudication by the concerned authorities in the period 1.

Hansraj Kunwar, AIR 1934 PC 205 where it has been held by their Lordships that the right to redeem is a right conferred upon the mortgagor by enactment, of which he can only be deprived by means and in manner enacted for that purpose, and strictly complied with. Indeed, the provision of rule 6 relating to seniority of pay of ECOs and SSCOs is somewhat similar to paragraph 6 of the Office Memorandum. In this connection, we may refer to a decision of the Privy Council in Raghunath Singh v.

NRI Lawyers 10px 10px 0px;border:0px;">[149E ] (6) To an appeal under section 28 of the Hindu Marria ge Act, provisions contained in section 12 clause (2) of t he Limitation Act will be applicable, and therefore, the ti me required for obtaining copies of the judgment will have to be excluded for computing the period of limitation f or appeal. Kamal Singh Thakur, AIR (1978) M. On the other hand, the learned counsel for the Depart- ment contended that clause 2 is in the nature of a penal clause which automatically takes effect irrespective of any default.

Rani Bala, AIR (1979) Del hi 22; Smt. Ajit Kumar Dey, AIR (1988) Cal 28 a nd Kantibai v. The Depart- ment was, therefore, entitled to automatically deduct from the bills payable to the petitioner the compensation or penalty at the rate mentioned in clause 2 or such reduced amount as may be determined in a particular case by the Superintending Engineer and that if the contractor objected to this deduction that would give rise to a dispute which can be the subject matter of arbitration under clause 25.

(5) So far as clause (3) of Section 29 of the Limitati on Act is concerned, the impact of it will be that the prov i- sions of the Limitation Act will not apply so far as a su it or an original proceeding under the Hindu Marriage Act is concerned, but clause (3) will not govern an appeal. He described it as an "agreed penalty" clause. (E) dated the 6th August, 1963 read with Office Memorandum of even number dated 15th February, 1965 (copy enclosed) will apply mutatis mutandis to determine the pay and seniority of ex-Emergency Commissioned Officers/Short Service Regular Commissioned Officers appointed against the reserved vacan- cies.

After reference to the rival contentions, the said Appellate Collector in his order held, inter alia, as follows: whether lami- nated or not, and whether rigid or flexible, including levy flat tubings and polyvinyl chloride sheets, not otherwise specified. In other words, it is apparent that the executive instructions have now been adopted as rules framed under the Act. The date of commencement of the said rules is significant to be noticed. We have already discussed above the circumstances when by a decree of Court the right of redemption is extinguished.

It is, therefore, manifestly clear that the executive instructions, as contained in the Office Memorandum, have been 287 incorporated in the form of rules framed under proviso to Article 309 and clause (5) of Article 148 of the Constitu- tion of India. He therefore submitted that the Division Bench has rightly construed the terms of the contract and confirmed the award made by the arbitrator.

[149G-H] Chander Dev Chadha v. Even otherwise, the Released Emergency Com- missioned Officers and Short Service Commissioned Officers (Reservation of Vacancies) Rules, 1967, framed by the Presi- dent of India under the proviso to Article 309 and clause (5) of Article 148 of the Constitution of India, contained similar provisions as to the seniority and pay of ECOs and SSCOs. The Appel- late Collector of Central Excise in an order dated 14th January, 1974 held that the said PVC films manufactured by the appellant are not marketable intermediate products and hence not liable to duty.

Under subrule (2) of rule 1, the said rules shall be deemed to have come into force with effect from January 29, 1966 which is the date of the said Office Memorandum. " Thus, although the impugned rules were not in existence in 1966, the executive instructions as contained in the Office Memorandum conferred the same benefit as conferred by the impugned rules. It is manifestly clear from the said observation that NRI Legal the right of redemption will stand extinguished only under the circumstances as mentioned in the proviso to section 60 of the Transfer of Property Act, that is to NRI Lawyers say, (1) by NRI Lawyers the act of party NRI or (2) by a decree of Court.

"Articles made of plastics, all sorts includ- ing tubes, rods, sheets, foils, sticks, other rectangular or profile shapes. He stated that the clause made the contractor liable for the penalty prescribed therein whenever there was a delay in the completion of the contract, whatsoever might have been the reason therefore, the question as to whether the contractor was at default or not being totally immaterial.