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LexLords NRI Legal Services Brampton By NRI Legal Services LexLords

AshleighMoseley 2018.10.13 02:16 조회 수 : 0

nri legal servicesNRI legal services https://lexlords.com/adoption-and-cara/. Howsoever liberally we may construe the policy but we cannot take liberalism to the extent of substituting the words which are not intended. 2006 contains the decision of acquisition of land for public purpose under Land Acquisition Act it was made considering the following facts : The memo for the Standing Committee of the Cabinet on Industry dated 26. The term burglary as defined in the English Dictionary means an illegal entry into the building with an intent to commit crime such as theft.

The properties in respect of which the plaintiff claims partition are described in Schedule B to the plaint. WBIDC was associated with the project right from the beginning and was instrumental in getting the land identified by the TML for the purpose of selection. It is an admitted fact in the instant case that the assessee company has only one business and that is of leasing its property and earning rent therefrom. The Standing Committee has approved the same as apparent from the Minutes placed on record.

Appeal against the Judgment and Order, dated the 22nd March, 1951, of the High Court of Judicature at Calcutta (Harries C. 2, who are two brothers, are both sons of defendant No. "The ownership of father and son is co-equal in the acquisitions of the grandfather, whether land, corody or chattel. In addition to these it is averred in paragraph I I of the plaint that there is a sum of about Rs. The father's gradsons, it is said, have a right by birth in the grand estate equally with the sons and consequently are entitled to shares on partition, though their shares would be determined per stirpes and not per capita.

The allegations in the plaint, in 245 substance, are that after the step-mother came into the house, the relation between the father and his sons became strained and as the father began to assert an exclusive title to the joint family property, denying any rights of his sons thereto, the present suit had to be brought. Approval for taking up land acquisition for public purpose as described in item B above. I married again and his second wife is defendant No. I by his first wife who predeceased her husband.

As per the definition of the word burglary, followed with violence, makes it clear that if any theft is committed it should necessarily be preceded with violence i. The policy is a contract between the parties and both parties are bound by the terms of contract. This discussion has absolutely no bearing on the present question. They consist of four items of agricultural land measuring a little over 5 acres in the aggregate, one residential house in the town of Erode and certain jewellery, furniture and brass utensils.

Since WBIDC was involved right from the beginning by the State Government and a decision was taken by the State Government that WBIDC would be the acquiring authority and WBIDC was involved in identification of the land and the reports were submitted by it to the Government, the acquisition was for WBIDC is apparent as the land was to vest in the WBIDC and it has paid the compensation. " It is NRI Legal Services to be noted that Vijnaneswar invokes this passage in Chapter 1, section 5 of his work, where he deals with the division of grandfather's wealth amongst his grandsons.

Non-mention of WBIDC cannot be taken to be an illegality impinging the validity of the notification under section 4 of the Act. Payment of premium amount as per the conditions of lease agreement fastened upon the TML would also not make it a compensation paid by TML as already discussed hereinabove. He submitted that the clause in the policy in that case is different from that involved in the present case. Though it was not specifically mentioned that the WBIDC is to be the acquiring body but a decision had already been taken in this regard and the aforesaid expression Government Undertaking/Development authorities would include acquisition by WBIDC as the Government has decided to treat it as a public purpose as it was to generate direct employment to 1800 persons and by direct employment through vendors and through other service providers to 4700 persons approx.

2006 in which it was mentioned that the land is likely to be needed by the Government/Government undertaking/Development Authorities at the public expense for public purpose, viz. If the element of force and violence is not present then the insurer cannot claim compensation against theft from the insurance company. After the death of plaintiff's mother, the defendant No. But in absence of violence or force the insurer cannot claim indemnification against the insurance company.

This expression appearing in the insurance policy came up for interpretation before the English Courts and the English Courts in no uncertain terms laid down that burglary or theft has to be preceded with force or violence in order to be indemnified by the insurance company. Notification under section NRI Legal Services 4 of the Act was published in the Gazette on 21. It is undoubtedly true that according to Mitakshara, the son has a right, by birth both in his father's and grandfather's estate but as has been jointed out before.

Harchand Rai Chandan Lal reported in (2004) 8 SCC 644 which related to a claim pertaining to a theft and attempted to distinguish it. In my opinion it was not necessary for the State Government to deposit the amount of compensation as compensation paid by the corporation is also to be treated out of public revenue. entry into the premises for committing theft should involve force or violence or threat to insurer or to his employees or to the members of his family.

In the ancestral or grandfather's property (1) Vide Muddun v. , employment generation and socio-economic development of the area by setting up small car project. Thus, even on the factual aspect, we do not find any substance in what has been submitted by the learned counsel appearing for the Revenue Submissions made by the learned counsel appearing for the Revenue is to the effect that the rent should be the main source of income or the purpose for which the company is incorporated should be to earn income from rent, so as to make the rental income to be the income taxable under the head Profits and Gains of Business or Profession.

Therefore, the element of force and violence is a condition precedent for burglary and housebreaking. He urged that the Commission committed an error in relying upon the said judgment to reject the Claim Application for the Appellant. It is true that in common parlance the term burglary would mean theft but it has to be preceded with force or violence. a distinction is made in this respect by Maitakshara itself. 2 of 1951 in Civil Rules Nos. Similar is the position with respect to declaration under section 6 of the Act.

As the Government has treated the acquisition for a public purpose and the entire money has been paid by WBIDC consequently by mere mention that the land was required for the small car project of TML would not make it an acquisition for a company under Part VII. The fact that the application was filed by TML indicating its willingness for setting up the industry would not also make it an acquisition for a company but how the State has dealt with the same, would be the decisive factor.

The terms of the policy have to be construed as it is and we cannot add or subtract something.
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