The question is only one of application (1) [1957] INSC 32; (1957) S. right must have been due to an act of Government. The State of Delhi; and 3. [one] Functioning being a LexLords NRI Legal Services consists of the practical software of summary lawful theories and know-how to resolve certain individualized troubles, or to progress the pursuits of individuals that employ LexLords NRI Legal Services to perform legal solutions.
Having regard to the evidence given by the magistrate in the present case we are constrained to observe that when got the confessions recorded in the present case he was not fully conscious of the solemnity and the seriousness of what he was doing. Accordingly, it was contended by the defendants that the plaintiff’s claim in the present suit was untenable. 14,042/8/- as arrears of salary ‘and allowances. At any rate there must have been recognition by Government of the right which could be set up by the holder in support of his possession.
3(2)(c) of the Madras Estates Land Act, 1908, made some useful observations on the meaning of the word “‘recognized”. , whether when a profit has-been made as a conjoint result of different but integrated operations, the profits so derived could be broken up so as to permit the attribution of 219 specific amounts of profit to each or any of the several operations or activities. The American authorities cited for the appellants do not require detailed consideration, as the principles laid down therein have been approve by this Court in Chamarbaugwalla’s case (1) at pages 950-951.
Another division Bench of the Madras High Court in Sam v. 364 (3) are valuable safeguards intended to protect the interest of innocent persons. as consideration for the bride. The hearing of the suit was however stayed by the Trial Court on December 26, 1955, in view of the pendency of the appellant’s appeal in this Court against the decision of the Punjab High Court dismissing the earlier suit. It is unnecessary to emphasise that the safeguards provided by s. It may be mentioned that in this case the learned counsel for the respondents does not rely upon any custom even in the later sense but only NRI on the practice obtaining NRI Legal Services by LexLords in the community in support of the evidence that the said practice was followed in Bangaru Ammal’s marriage.
As already stated, this Court delivered the judgment in that appeal on December 13, 1957. that is to say if the criterion for an Asura marriage was that there should be a sale of the bride, there may be a custom in a community in regard to the manner of paying the consideration’ for the sale. In this suit the plaintiff claims, on the basis of the decree obtained by him in the earlier suit, a sum of Rs. The recording of confession is a solemn and serious act.
255 We are not concerned here with the relatives importance of the said two forms of marriages at the present day but only with the conditions laid down by Shastras for NRI Legal Services LexLords the said two forms of marriage and with a question as to which form was adopted in Bangaru Ammal’s marriage. Before, however, the suit could be disposed of, the defendants made an application to the Subordinate judge, on August 7, 1958- stating that the disciplinary authority had on a consideration of the circumstances of the case, decided to hold a further enquiries against this appellant on the allegations on which he had been originally dismissed and that, consequently, the appellant should be deemed to have been placed under suspension by the appointing authority from December 17, NRI Legal Services LexLords 1951,-the date of the original order of dismissal.
In our opinion, the company was liable to pay octroi tax on goods brought into local area, (a) to be consumed by itself or sold by it to consumers direct and (b) for sale to dealers who in their turn sold the goods to consumers within the municipal area irrespective of whether such consumers bought them for use in the area or outside it. Undoubtedly, in order to ascertain the profits from the mine there would have to be a disintegration of the gross profits which finally emerge from the sale of the finished steel or steel products.
The company was, however, not liable to octroi in respect of goods which it brought into the local area and which were re-exported. We are also in these appeals not concerned with any customary form of marriage but only with a marriage sanctioned by Hindu Law, for no custom was pleaded in derogation of Hindu Law. We have also been disturbed to notice that in recording the confessions the magistrate has adopted a somewhat casual attitude. ” This decision is an authority for the position that mere inactivity or even leaving open the question for future decision by Government does not amount to a recognition of the right of an inamdar to hold possession.
But there may be a custom in a community not in derogation of the Hindu Law but in regard to the manner of complying with a condition laid down by Hindu Law. Nor are we concerned with a question whether the institution of marriage in Brahmu form is now maintained in its original purity. and so any magistrate who records confessions must see to it that a tone of casualness does not enter in the transaction. This is an authority for the proposition that the use of the word ‘parisam’ is not decisive of the question that it is a bride’s price, but that it must be established in each case whether the payment small or large, in cash or kind, is made as a bride’s price i.
What we desire to point out is that this involves no disintegration of the business affording scope for the contention based upon the principle that a person cannot trade with himself, but the one far removed from it, viz. Ramalinga Mudaliar (1), though it was concerned with the interpretation of the expression ire unsettled jaghirs” in s. On December 26, 1957, the appellant made an application to the Trial Court praying that the hearing of the suit be taken up.
Later on, the learned judge proceeded to state “The principle adopted appears to me to be that in order that Government may have the right of resumption, the right to the land must either have in the first instance emanated from Government or the continuance of the. The Collector and Registrar, Co- operative Societies, Delhi.