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Blackpool and Fleetwood Tramroad Company(1), apply to the particular matter on hand and, we hold that the appellant, being a ‚railway‘, is entitled to the exemption under item 2, of Schedule B, to the Terminal Tax Rules, in question. Along with the last execution petition he filed an application for amendment of the execution petition by substituting the amount awarded by the appellate decree in place of the amount awarded by the final decree dated September 23, 1933.
It is another example of a case where it is not unreasonable for Mr Rourke’s claim for benefit sufficient to cover the whole of the rent to be considered on an individual basis under the DHP scheme. 34 without any limitations, with the exception that it must be an order of a court passed under the NRI Legal services Act of 1952; but it is contended that this word cannot be interpreted so widely as to include all interlocutory orders or other similar orders passed in the course of the trial of a suit.
The leading case on the other side is Perikaruppan Chettiar v. In that case a preliminary mortgage decree had been passed on May 4, 1929 and there was an appeal against it by one of the NRI Lawyers defendants. Such an application really called upon the court to carry out modifications which in law automatically took place in the nrilegalservices final decree already prepared before the decree of the appellate court. 63 However, when this appeal came up for hearing before us, learned counsel for the respondents raised another point for challenging the competency of the appeal that was filed against the order of the trial Court.
50(2) of the Act of 1958. “ The principle was thus recognised that the word „order“ used in such context is not wide enough to include every order, whatever be its nature, and particularly orders which only dispose of interlocutory matters. There is, in our view, therefore, no validity in the contention that the determination. The High Court dismissed the appeal holding that the final decree already prepared can be executed with such modifications as may be necessary in the circumstances, whether the preliminary decree is affirmed in toto or is varied to any extent or in any particular in appeal The High Court further held that it was the duty of the Court which passed the final decree to carry out such modifications as might be necessary by reason of the decision of the appellate court in an appeal against the preliminary decree when its attention was drawn to the necessity for such alteration by the decree-holder.
38(1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability. 34 of the Act of 1952. of the number of appointments by the Governor was contrary to Rule 10 or that such determination rendered the subsequent proceedings of the Selection Committee bad in law. 38(1), the words „every order of the Controller made under this Act, though very wide, do not include interlocutory orders, which are merely procedural and do not affect the rights or liabilities of the parties.
We leave the question of the claim of seniority of Respondents 6 and 7, if any, nrilegalservices open as it does not strictly arise in this appeal. The word „order“ is used NRI in S. Richard Rourke and his step-daughter live in a three-bedroom NRI Legal property. The extent of this right of appeal under S. Thereupon the judgment-debtor went in appeal to the High Court contending that the application for amendment filed in March 1942 was barred by time as it was more than three years after the decree of the High Court in appeal.
The appellate immigration authority must decide for itself whether the impugned decision is lawful and, if not, but only if not, reverse it . September 23, 1933 on the basis of the preliminary decree passed on May 4, 1929. In view of this fact the High Court held that there were only 9 posts for which recruitment had to be made and, therefore, only 2 out of these 9 posts would go to the direct recruitees instead of 4 if those 9 officers had not been confirmed.
One of the bedrooms is used for the storage of equipment. The amendment was allowed by the first court. On November 26, 1934, the appeal was allowed in part, which had the effect NRI Legal services of reducing the amount decreed. It was urged that the order, rejecting the application of the appellant to record the abatement of the suit and directing continuance of the suit, was not an order of such a nature against which an appeal could be filed under s. It came into force on August 23, 1949.
„[T]he task of the appellate immigration authority … is to decide whether the challenged decision is unlawful as incompatible with a Convention right or compatible and so lawful. 38(1) was considered by this Court in the Central Bank of India Ltd. In our opinion, the principles laid down by the House of Lords in Thornton Urban Council v. After the decision of the High Court the decree-holder filed an execution petition on September 23, 1936 to execute the final decree passed on September 23, 1933 and again another execution petition in 1939 and finally another one on March 31, 1942.
The Court went into that issue and decided it against the appellant. Rule 6(3) in terms provides that the Governor, in consulta- tion with the High Court, can leave unfilled or hold in abeyance a post for the time being. The contention, besides, is academic for it 198 appears that on November 9, 1960, 9 Judicial Officers were confirmed in 9 out of the 18 posts with the result that only 9 posts remained to be filled up. This aspect came up for consideration before this Court when interpreting S.
Gokal Chand(1) and it was held that „the object of S. 38(1) of the Act of 1958 in which also a provision for appeals has been made, and the language used is very wide inasmuch as it is laid down that „an appeal shall lie from every order of the Controller made under this Act. No fresh final decree was passed on the basis of the appellate decree. If it is decided to fill up that post -At the next recruitment, there is no reason why that appointment cannot be included in the number of appointments determined by the Governor.
This Ordinance was extended to the United Provinces by the Administration of Evacuee Property (Chief Commissioners‘ Provinces) Amendment Ordinance, No. In the case before us also, all that was done by the application presented by the appellant on the 13th March, 1961, was to raise a preliminary issue about the maintainability of the suit on the ground that the suit had abated by virtue of s. So long as the decree was kept alive, there could be no bar of limitation to an application of this kind.
Pending the appeal, as further proceedings in the suit had not been stayed, the trial court passed a final decree on. The contention that the determination of appointments under Rule 10 was bad in law has, therefore, to be rejected. It is not a secondary, reviewing, function dependent on establishing that the primary decision-maker misdirected himself or acted irrationally or was guilty of procedural impropriety.
