One such piece of legislation was the Bihar Land Reforms Act, which was passed in 1950. The short question before us is, whether application leading to this appeal NRI was one under s. This is an appeal by a certificate against a judgment of a Division Bench of the High Court at Chandigarh in Letters Patent Appeal No. 4 of the Act in which there is no mention of any period of limitation. Then there was an appeal before this Court, but while that appeal was pending, NRI the First Amendment to the Constitution was made.
Intention is something different from a reason or motive. It was however challenged before the Patna High Court and was struck down by that court on the ground that it violated Art’ 14 of the Constitution. In substance, the argument on behalf of the appellant was that the application was one under s. 179 was committed by the Opposite party. however relying to a large extent, on the language of Arts. did not g0 into the question as to whether the authority where the contempt of court was said to have been committed was acting as a court or not.
While the latter was taking steps to realise the assets, the appellant asserted that some of the properties covered by the mortgage decree were his and denied the right of the insolvent to such properties, at the same time, preferring a claim petition before the Official Receiver. 373 appellant, the facts were as follows. Thus article 3(2) requires States Parties, in their actions to protect a child’s wellbeing, to take into account the rights and duties of his or her parents or other individuals legally responsible for him or her; article 5 requires States Parties to respect the responsibilities, rights and duties of parents or, where applicable, other family or community members or others legally responsible for the child to provide appropriate direction and guidance to the child in the exercise of his or her rights under the Convention; article 14(2) makes similar provision in relation to the child’s right to freedom of thought, conscience and religion; article 27(2) emphasises that the parents have the primary responsibility to secure, within their abilities and financial capabilities, the conditions of living necessary for the child’s development; article 18(1) provides that: Many articles in the UNCRC acknowledge that it is the right and responsibility of parents to bring up their children.
“There may be an illegal purpose for the transfer of the property and that may bear upon the question of intention, but it is the absence of any intention to make a gift upon which reliance must be placed to rebut the presumption of advancement. “Other than in relation to a duty of confidentiality, this section does not permit or require the provision of information in breach of a prohibition or restriction on the disclosure of information arising by virtue of an enactment or rule of law.
31 were meant to safeguard legislation which either had been passed by Provincial or State legislatures or which was on the anvil of State legislatures for the purpose of agrarian reforms. The Judgment of the Court was delivered by Mitter, J. The application of the principle stated by Lord Mansfield was expanded in scope after his day (notably by Lord Eldon in Muckleston v Brown (1801) 6 Ves 52 as described by Lord Browne-Wilkinson in Tinsley v Milligan at p 372F.
But, more recently it has diminished, Tinsley v Milligan being itself actually an example of this, in so far as it confirmed both that NRI Legal title to NRI Lawyers property could pass under an illegal contract and that equitable title was capable of nrillegalservices recognition. The respodent obtained a mortgage decree against a person who was subsequently adjudicated an insolvent and the Official Receiver assumed jurisdiction over his properties. The High Court allowed the appeal on the ground that the application out of which it arose was incompetent as barred by limitation and, in our opinion, it did so correctly.
That Act received the assent NRI of the President as required under cl. The court was able, in Tinsley v Milligan, to derive this presumption from the objectively demonstrable contribution made by Miss Milligan to the cost of acquiring the property. There both the Judges were of opinion that the act of the opposite party did not amount to contempt of court, and Beg. 68 of the Provincial Insolvency Act, and as such having been made beyond the period of 21 days from the date of the act of the receiver complained of, was covered by the proviso to that section ?
The illegal purpose may thus be evidentiary, but it is not the foundation of a claim to rebut the presumption of advancement. 227 and 228 of the Constitution held that the Magistrate even if he was acting as a court was by no means, in the circumstances, a court subordinate to the Allahabad High Court. The court’s recognition of the equitable title was, however, made subject to the (problematic) pre-condition that the claimant could avoid reliance on illegality by relying on a procedural presumption.
These two clauses of Art. At the same time the court was prepared to ignore the fact, perfectly well-known to it, of the parties’ illegal intentions.