B-1 executed between members of the mortgagee family showed that on August 22, 1934, Top Property Lawyers Chandigarh the family created a trust in respect of a sum of Rs. It was thus passed under the Government of India Act, 1915. 3 is discharged of his liability as a surety by reason of the alleged conduct of the plaintiff-bank in violating the terms of the agreement–Ex. The dedication of the said Chandigarh Property Advocate was affirmed by the regular partition deed Ex. It lays down that in all suits for eviction of tenants from any accommodation pending on the date of commencement of this Act, no decree for eviction shall be passed except on one or more of the grounds mentioned in s.
That is to say the charity agreed as a consideration for the transfer of the mortgage interest not to enforce its right to recover that amount from the family. Jaswant Rai Chopra) Top Property Lawyers Chandigarh High Court (1). In short under the said documents the family transferred to the charity their interest in the usufructuary mortgage Ex. G or by the alleged fraudulent or negligent conduct of the plaintiff-bank in other ways. 27 which have retained their original form and which have been quoted by me above, when read with the former opening words 878 clearly indicate this.
The original Act made no difference between excisable articles manufactured locally and those imported into the Province. The Bihar but ejectment on the ground specified in cl. It is apparent from the definition that consideration may be negative or positive. Entry 51 Property Advocates in High Court Chandigarh List 11 of the Seventh Schedule to the Constitution gives power to the State Legislature to impose duties of excise on alcoholic liquors for human consumption where the goods are manufactured or produced in the State.
The mortgage interest was transferred in discharge of that obligation. It was further alleged that the plaintiff-bank had granted loans to the 1st defendant against goods covered by open loan agreement and that it had converted 327 secured loans into simple loans by releasing goods covered by the Bills of Lading against trust receipts and had thereby deliberately frittered away such securities. On September 3, 1939, by EX. “Nothing in this section shall apply to an express condition against the assigning, under-letting, parting with the possession, or disposing, of the Property Lawyers in Chandigarh leased, or to an express condition relating to forfeiture in case of nonpayment of rent.
In the Devolution Rules (Part 11 dealing with the Provincial subjects) under the Government of India Act, Item 16 read as follows : instead of the words “An excise duty or a countervailing duty as the case may be at such rate or rates. 15 in regard to pending suits. A-1 was given to the charity in discharge of the obligation under Ex. A similar provision is made by s. 13(1) of the 1952 Act was somewhat analogous to forfeiture on breach of an express condition of a lease for it also required previous notice to the tenant before the suit is filed.
” It will be seen that s. We shall then consider the question whether defendant No. A- 1 in discharge of the obligation to pay the trust a sum of Rs. In such case it can dismiss the suit as not maintainable. [177 A-B] (iii) In the present case the family was under an obligation to pay to the charity the amount set apart to it under Ex. We consider it necessary that this case should go back on remand to the High Court of Kerala for deciding the issue and to give proper relief to the parties.
It was submitted on behalf of the appellant that the plaintiff-bank had made adjustments in the open loan account and in the clean overdraft account with the 1st defendant by debiting and correspondingly crediting in other accounts without the consent of the appellant. [174 E-G] (ii) It is implied in the definition of the word ‘consideration’ in s. 53A the committee was not dissolved, but the State Government had the power to appoint an executive officer and confer upon him such powers of the committee, its president, vice-president or secretary as it thought fit, though the reason for taking action under s.
Section 27 as originally passed opened with the words ” A duty at such rate or rates. The question at issue is a mixed question of law and fact and it is unfortunate that the High Court Property Lawyers Court has not properly dealt with this question or given a finding whether the appellant would be discharged from the liability as a surety for the overdraft account because of the alleged conduct of the plaintiff-bank.