The illustration to the section indicates that the transferee can require the transferor to deliver the property acquired to him. We, however, make it clear that by reason of the circumstances which have supervened we have done no more than examine the correctness of the decisions under appeal (particularly the Full Bench decision in Jagat Singh's case(1) which was followed in them) in the light of facts and law present to the mind of the Full Bench.
The Government Treasurer holds a post in a public employment and he is assisted by Tahvildars in the performance of his duties. 260 The proceeding is between the creditors represented by the official receiver and the insolvent. The actual right of the transferee under s. The work of the Government Treasurers has to be conducted according to the Rules and Regulations framed by the Government, and directions issued from time to time.
43, no recourse to Court is necessary. When a creditor, seeking to prove a debt relying upon a negotiable instrument, or other evidence makes a claim for inclusion of the debt due to him, the court, or where he is authorised the receiver of the estate of the insolvent, has to be satisfied about the existence Corporate Advocate in High Court
of the debt, the amount due, its particulars and that it is provable in insolvency. 43 operates, the transferee, at his option, can have the transfer operate on any interest which the transferor may acquire in the property at any time during which the contract for transfer subsists.
The appeals fail and will be dismissed but there will be no order about costs. Both the University and the affiliated colleges seek to serve the cause of higher education and there should really be no serious dispute as to the principles on which their mutual relations should be regulated. The transfer operates on the property transferred and the transferee can call upon the transferor to deliver the property to him. By the device Famous Corporate Lawyers Chandigarh
of making an untrue statement the plaintiff has undoubtedly evaded tax.
It reads thus:- "If the Buyer shall fail to pay for the tea or any part thereof on the due date for payment, the goods may be resold. When colleges run by such autonomous bodies seek affiliation to a University, the University undoubtedly has a right to impose reasonable conditions for affiliation and normally, the supervision exercised by the University over the affairs and administration 'of its affiliated colleges effectively serves the purpose of' requiring the said colleges to conform to the pattern of management and education Corporate Lawyers in Chandigarh
force in the Government colleges or colleges instituted by the University.
In resolving a possible dispute between affiliated colleges and the University, attempt should be made to respect the autonomy of the colleges and reconcile the same with the supervisory powers of' the University which are intended to be exercised Best Corporate Lawyers in Chandigarh
order to make functioning of the affiliated colleges efficient and progressive. There is another consideration which we may incidentally mention Corporate Lawyers in High Court
this connection. The plaintiff was earning salary as an employee of the-Court of Wards and had presumably some other income which in the aggregate amounted to Rs.
For obvious reasons we have not strayed beyond that limit but if we have expressed any opinion which seems to bear on the Seventeenth Amendment, it should not be regarded as deliberate or binding. But on that account we are unable to hold, disagreeing with the High Court, that the object in entering into the arrangement for holding out Gupta as owner of the business was to evade payment of income-tax. By the expedient of holding out the defendant as an ostensible owner of the business the plaintiff evaded liability for payment of tax on his personal income and even tax on the business income was charged at a lower rate.
18, can compel the seller or the lessor to make good the contract out of such interest. The difference between the two provisions is this that in the case of the operation of s. 814 Condition 15 is also relevant. 18 is however expressed in different language. The purchaser or lessee on the other hand, acting under cl. Unfortunately, in, the present case, the Vice- Chancellor appears to have acted with some haste and he has exercised powers Linder Statutes, which were themselves hastily framed and which are plainly inconsistent with the provisions of the parent Act.
The Tahvildar acts not on behalf of the Treasurer in performing his duties, but on behalf of the State. Corporate Lawyers in Chandigarh
our opinion these appeals must fail. either by auction or private sale, at the option of the seller. The autonomous bodies which institute colleges and help the progress of higher education in this country, are generally run by disinterested persons, and it is of some importance that the autonomy of' such bodies should not be unduly impaired. If the business of International Home was disclosed as belonging- to the plaintiff, the aggregate of the personal and business income was liable to be charged to tax under the Income-tax Act, 1922.