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发布于:2018-10-9 17:58:06  访问:19 次 回复:0 篇
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Simran Law 6 Key Questions To Ask Before You Hire A Forclosure Chandigarh Advocate SimranLaw 815, Sector 16 D, Chandigarh, 160015
Advocate Simranjeet Singh Sidhu - http://www.zhmy05.com/comment/html/?3805.html. 379 are not con- fined to such powers as could be exercised by the provision- al Parliament consisting of a single chamber, but are wide enough to include the power to amend the Constitution con- ferred by Art. 2014 passed by the High Court of Gauhati in FAO No. 6286 of 2013 and were disposed of by this Court vide its Judgment dated 13. They are Sunderlal and Matukdhari Prasad. The other branch of his contention is that in respect of property No.
The ARCS did not accept the said stand taken by the debtor and was of the opinion that the amount as directed by the Division Bench has not been paid. As regards the first point, the evidence shows that the mortgage bond was written and engrossed at the plaintiffs` house at village Chakla Maulanagur and the date which Advocate Simranjeet Singh Sidhu the document bears is 21st Chaitra 1334 Fasli corresponding to 8th April, 1027. 2014, which was passed during the pendency of the aforesaid Appeals, the assets owned by the Company, namely, J.
10 of 2013, Writ Petition No. 4303 of 2013 and Writ Petition No. The question now is whether we can pass a mortgage decree in favour of the plaintiffs on the basis of the finding of the High Court that the bond was properly attest- ed; and it is not disputed that no question of limitation would in that case arise. The discussion in Benaori Lal Sarma`s case(1) in the judgment of the Privy Council mentioned above may be usefully noted in this connection as the legislation in that case was also a war measure but was held valid as conditional legislation.
The ARCS considered the plea taken by the debtor that he was entitled for certain adjustments and was not required to pay any further amount. Obviously, it was on that date the document was written. The words \"all the powers conferred by the provisions of this Constitution on Parliament\" in Art. 2011 has noted that a sum of Rs. The War Measures Acts were thus considered by the z Supreme Court of Canada on a different footing. (hereinafter referred to as the Company) at Saifganj, Katihar, Bihar spread across 1.
In spite of the aforementioned order, the Advocate Simranjeet Singh Sidhu debtor did not pay the amount as directed by the High Court. The matter, accordingly, proceeded before the Assistant Registrar of Co-operative Societies (ARCS), who issued a detailed communication to the debtor on 21. 80,64,916/- was payable by the debtor out of which he had remitted only a sum of Rs. The question was of competence but owing to the unusual circumstances and exigencies what was stated in the legislation was considered a sufficient statement of the legislative policy.
To decide this question there are two points which require consideration :-- (1) Whether the finding of the High Court on the ques- tion of attestation is a correct and proper finding on the evidence adduced in this Advocate Simranjeet Singh Sidhu case ? We now come to the other point which relates to the question of mesne profits. In support of this contention, reliance has been placed upon the decision of the Allahabad High Court in Banwarilal v.
There are four attesting witnesses whose names appear in the deed, to wit, Sunderlal, Matukdhari Prasad, Dwarka Prasad and Nanak Prasad the last named person being also the scribe of the document --and all of them were residents of Chakla Maulanagur which is the place of resi- dence of the mortgagees. The aforesaid Civil Appeals had challenged the judgment and order dated 06. 2014 and consequently the persons arrayed as contemnors interfered with due administration of justice.
It ap- pears to be thought that the same test cannot be applied in respect of legislation made in normal times, in respect of a permanent statute which is not of limited duration. 2014 alienating Katihar property be declared null and void. Aiyar`s main contention under this head is that as an alienation by the widow is not void but only voidable and the reversioner can avoid it by choos- ing to institute a suit, the possession of the alienee could not be held to be unlawful before that date and consequently no mesne profits should have been allowed for the period prior to the institution of the suit.
It is alleged in the present contempt petitions that in violation of the Order of 08. Jute Mills Company Ltd. 2014 and at the same time the Conveyance Deed dated 02. Nanak Chand, the scribe, was not alive 125 at the time when the suit came up for hearing and out of the remaining three witnesses two were examined on behalf of the plaintiffs. The facts leading to the filing of those appeals and connected matters are dealt with in said Judgment dated 13.
6 acres of land (Katihar property, for short) were sold vide Conveyance Deed dated Advocate Simranjeet Singh Sidhu 02. speaking for the majority also traced the historical background of Part XIII in the following words: Then came the decision of this Court in Automobile case (supra) wherein, this Court examined the challenge to the Rajasthan Motor Vehicles Act, inter aila, on the ground that levy of taxes imposed under the said Act were offensive to Article 301 of the Constitution of India.
The mortgagors, on the other hand, are inhabitants of a different village, namely, Chand- pur. The ARCS in his communication dated 21. It is prayed that the contemnors be punished for disobeying the Order of 08. 1 of the schedule there was only a conditional decree passed against defendants 2 and a and so long as the condition is not fulfilled by the plaintiffs depositing the required amount in court, the plaintiffs` right to take possession does not accrue and consequently no mesne profits can be allowed to them.
(2) If it is so, whether the facts of the plaintiffs not having preferred an appeal or cross-objection against that part of the judgment of the trial Judge which refused them a mortgage decree, stands in the way of their claiming any relief other than what was given to them by the trial Judge ?
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