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It is further suggested that the use of the expression „the trustee“ is inconsistent with this approach. 41 and added that it had since been decided to launch a prosecution in respect of the Sw. „(1) No law of a State shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place– (1) [1958] INSC 13; [1958] S. In the light of the pleadings set out above, the admissions made therein by bolt sides about the customary nature of the maintenance and the words it was ‚only proper‘ in the judgment, their Lordships cannot accept this as a decision contra- 44 dicting the incidents of the property in the hands of the Muppil Nair.
“ In any event the question as to whether the right of maintenance www.nrilegalservices.me was given by the Sthanee in recognition of the legal claim or whether it was http://nrilegalservices.me an ex gratia payment was not directly in issue in the previous suit. On this point it was held by the Judicial Committee that the payment of the maintenance allowance for junior members was not inconsistent with the Sthanam character of the property on which it was grounded.
Panchanama of the scene of offence was prepared. [74 H; 75 Ii; 78 C] Further. 09, that he held the amount in a bank in Sweden instead of offering it to the Reserve Bank of India and thereby contravened ss. The plaintiff alleged it is ‚the usual custom‘ that Nair should pay the maintenance. The engine driver made a complaint to the Police Sub- Inspector Bendigiri. Thus, the action must be by a beneficiary of „a trust“ and the reference to „the trust“ in (a) does no more than make it clear that the trustee of that trust must be a party or privy to the fraud or fraudulent breach of trust concerned.
23D of the Act should http://nrilegalservices.me not be held against them in respect of the balance of Sw. In the pleadings of both the parties the claim for maintenance was stated to be based on customary rights. 4(1) and 9 of the Act, and asking him to show if he had any special exemption for acquiring the foreign exchange. Again, I respectfully disagree. He, however, expressed his willingness to supplement the maintenance, if the Court thought proper, on particular occasions. The things lying at the spot were not touched but were guarded and an area of half a mile was cordoned off.
14) show that the Board was finding it difficult to levy and collect the duty from the owners and it was considered that it would be much more easy to collect it from the users, in accordance with the rules. Thereby it is only intended that the officer concerned shall issue the necessary warrant, keep present respectable persons of the locality to witness the search, and generally carry out the search 610 in the manner provided by the Code of Criminal Procedure. But the Board is enjoined to do so in accordance with the Rules made by Central Government under s.
This is an appeal by special leave from a judgment of the Punjab High Court (Circuit Bench) Delhi in which the validity and legality of the levy of cess by way of excise duty on the rubber used by manufacturers of chappals under the provisions of the Rubber Act 1947, (Act XXIV of 1947) as amended, hereinafter called the Act, have been assailed. 25(1) (a) of the Act and which are placed before each House of Parliament for approval.
The defendant admitted ‚the custom‘ but denied his liability to pay the maintenance on the ground that his ancestors in ancient times had already settled in accordance with the ‚usual practice‘ certain lands on a lady called Amma Nethiar for the maintenance of herself and the junior members, and that the maintenance claimed in the suit, even if it was due, which he denied, should primarily come out of the lands so set aside in previous times.
On 16th March 1968, in supersession of the show cause notice dated 25th August 1967, a further notice was addressed to both the appellants to show nrilegalservices.me cause within 14 days why adjudication proceedings under s. He also denied his liability on the ground that the minor and his mother, contrary to his advice and that of the well wishers of the family had gone away to live elsewhere. The defendant denied his liability also on other grounds which it is unnecessary to consider in tiffs case.
The question for determination was whether the existence of maintenance allowance was inconsistent with the Sthanam character of the properties in possession of the then Moopil Nair. The Board itself is a high powered body and all interests are represented among its members ‚and all its acts are subject to the control of the Central Government under s. The reference to „the trustee“ is no more than a reference back to the trust in the opening words of the section.
A similar show cause notice was issued to the first appellant in. In the present case, the Act was enacted for the purpose of development of rubber industry under the control of the Union Parliament has 69 enacted that the Rubber Board can levy and collect the duty either from the owner of the rubber estate or the user of the rubber. The Judgment of the Court was delivered by Grover, J. The Judge, while admitting that it was the responsibility of Amma Nethiar to maintain the plaintiffs, held that as the plaintiffs stood in the very near relationship of sister and nephew to the defendant and were his next heirs it was ‚only proper‘ that the defendant should grant them a periodical allowance for past and future maintenance.
132 the provisions of the Code of Criminal Procedure, 1898, relating to searches apply so far as may be, to searches under s. The objects and reasons of the Amending Act (which can be taken into consideration for the purpose of seeing if there is any alleged infringement of Art. the Board is vitally interested in the collection of the duty and it has to see that such duty is collected without undue delay and proper expedition.
respect of the same amount on 20th January 1968.
