“In Hurdey Narain’s case” NRI Legal Services (Hurdey Narain v. 35 would have been clearly applicable that they did not decide the question as to whether NRI Legal Services s. 3(2) of the Act did not stand in the way and the learned Judges of the High Court were wrong in their view that the jurisdiction of the High Court was ousted. In that view of the matter s. This decision clearly shows that the subsequent cancellation of the assessees’ registration was held by Their Lordships of the NRI Legal Services Privy Council to form part of the record retrospectively in the light of the said subsequent event, and the order was deemed to suffer from a mistake apparent from the record so as to justify the exercise of the rectification powers under s.
Rooder Perkash (3)) ” all the documents shewed that the Court intended to sell and that it did sell nothing but the father’s share-the share and interest that he would take on partition, and nothing beyond it-and this tribunal in that case puts it entirely upon the ground (1) (1889) L. 33 of the Evidence Act. ” Then follow provisions relating to the transfer by the Patnidars of ” the aforesaid lands “, succession by inheritance or by will to ” the aforesaid lands ” and the NRI Legal Services registration of the name of the transferee or NRI Legal Services successor in the Sherista, and it is expressly stated that “so long as the name of the new Patnidar is not recorded in the Sherista, the former Patnidar whose name is recorded in the Sherista will remain liable for the rent, and on a sale of the Mahal by auction on institution of proceedings against him under Regulation VIII of 1819 or any other law that will be in force for realisation of arrears of rent, no objection thereto on the Part of the new Patnidar can be entertained.
This decision lends considerable support to the view which we are disposed to take about the true meaning and scope of the expression ” the mistake apparent from the record ” occurring in s. 34 could also have been invoked. The rateable value of the premises, whether residential or non- residential, cannot exceed the standard rent, but, as already pointed out above, it may in a given case be less than the standard rent. The annual rent which the owner of the premises may reasonably expect to get if the premises are let out would depend on the size, situation, locality and condition of the premises and the amenities provided therein and all these and other relevant factors would have to be evaluated in determining the rateable value, keeping in mind the upper limit fixed by the standard rent.
At present, we are not persuaded to have a minimum of 5 learned Judges hear all death sentence cases. , Kist after Kist according to the Kistbandi in accordance with law, and if you do not pay the same, I will realise the arrears together with interest and costs by causing the aforesaid lands to be sold by auction by instituting proceedings under Regulation VIII of 1819 and other laws which are in force or will come into force. In order that the Government may succeed and the assessment made in this case may be held NRI Legal Services I think, one must do a certain amount of violence to the language of Section 23(4); I think one must either do a certain amount of violence – I should say a considerable amount of violence – to the language of Section 27, or else hold that the privilege conferred on a living person assessed under Section 23(4) of getting the assessment set aside is not to be enjoyed by the estate of a deceased person – a distinction for which I can see no logical reason.
Further, we agree with the submission of Shri Luthra that a review is ordinarily to be heard only by the same bench which originally heard the criminal appeal. It is because Their Lordships thought that s. One must also construe Section 29 so as to give to the word “assessee” one meaning in one place and another meaning in another place. We may say at the very outset that we agree with learned counsel for the appellant that the statements of Aghani, who unfortunately died within a few months of the occurrence before her statements could be recorded in a judicial proceeding, were not admissible in evidence either under s.
” 1318 Then ,there are two clause on which on the respondents rely, and they are in these terms: “You will pay the rent etc. This brings us to a consideration of the submissions made on behalf of the appellant. Henceforth, in all cases in which death sentence has been awarded by the High Court in appeals pending before the Supreme Court, only a bench of three Honble Judges will hear the same. Taking the aspersions made by the respondent in the application dated December 17, 1953, and the affidavit dated December 21, 1953, at their face value, we have already expressed the view that they amounted to something more than a mere intentional, personal insult to the Magistrate; they scandalised the court itself and impaired the administration of justice.
This is for the reason that at least three judicially trained minds need to apply their minds at the final stage of the journey of a convict on death row, given the vagaries of the sentencing procedure outlined above.