Prima facie this is a personal covenant whereby the transferors agreed to pay interest at the rate of nine per cent, on the price paid till the date of reconveyance. " It is essential to realise in this connection that the work of a journalist demands a high degree of general education and some kind of specialised training. This was followed by reminder dated 19. Newspapers are a vital instrument for the education of the masses and it is their business to protect the rights of the people, to reflect and guide (1) [1952] INSC 1; [1952] S.

Ex facie the document does not purport to create, declare, limit or extinguish any right, title or interest in immovable property; it incorporates a mere personal covenant and it is difficult to appreciate the plea that the document wholly inadmissible for want of registration. It is a somewhat singular circumstance that before the High Court, when counsel for the contending parties were were invited by the court to argue whether the document was by law required to be registered counsel urged that the document was admissible in evidence without registration and insisted upon arguing the case on that footing.

A milliner in London wrote to a lady in Suffolk asking for a cheque. To answer that question the existing circumstances must be looked at. This agreement strongly indicates that the parties regarded the arrangement incorporated in the deed dated September 10, 1931, as a mortgage. The contention raised by the transferees that by this covenant they were to erect additional structures at their own expense upon the land and collect rent which may be equivalent to interest at the rate of nine per cent, on the price paid and the amounts spent by them is on the language used in the deed unwarranted.

2008 again requesting the Union of India, through the MoPNG and the MoF, to issue an appropriate clarification/amendment with respect o the two PSCs executed with the appellant. She could not suppose that she was to send a messenger with it or come up to London herself. It was then stated, " you want that you should get an income of nine per cent per annum from these houses till reconveyance but it is evident that after meeting repairing or insurance charges thereof, there will not remain so much profit in balance.

If asked to pay through the post, the putting the letter in the post with the money was a sufficient. 91 of 1941) filed by the respondent Subramanian Chettiar against his brother Ct. 126 to make arrangements for payments to the creditors and in the event of the deed being registered, other creditors may make demands for their dues. ]bid that letter reasonably lead the lady to suppose and did she suppose that she might send the cheque by post ?

As we are not deciding the other two questions, no useful purpose will be served by setting out the findings of the Tribunals below with regard to them. Counsel for the transferees urged that this agreement not being registered was inadmissible 127 in evidence. (2) [1952] INSC 11; (1952) S. Reuben, recorded a note of dissent in which he held that by reason of s. The only question here was whether the plaintiffs asked the defendant in effect to send the money through the post.

It is significant that in up holding the validity of the impugned provisions and the notifications the tests applied were the same as laid down in Anwar Ali Sarkar's case (1). If what the plaintiffs said amounted to a request to send the cheque by the post, then there was payment. 10 of the Banking Companies Act, 1949, as it stood at the relevant time, the Industrial Courts could not grant bonus to the workmen of a Bank. 660 and the impugned provisions had violated Art.

-These five appeals arise from a partition suit (O. Therefore, we have already agreed before that the agreement of reconveys mentioned in the deed of sale shall be brought into effect only when ourselves or our heirs pay to you all the expenses incurred by you as found due according to your account books and complete your (nine) per cent. The only reasonable and proper meaning to be attached to it, whatever Madame Phillippe might have intended, was that she was to send the cheque by post.

The Judgment of the Supreme Court India lawyers, was delivered by GAJENDRAGADKAR J. The Lords Justices concurred with this judgment. There is in the deed no reference to any additional amount to be spent by the transferees for erecting buildings upon the land conveyed; and the books of the transferees are referred to in the agreement only to make the accounts maintained by them binding upon the transferors. " This agreement and the sale deed were executed on the same day.

10 of the Banking Companies Act, 1949, is not correct. But if the creditor asked him to pay in a particular way, the debtor might do so. But this agreement in so far as it evidences a personal covenant to pay interest at the rate specified, is admissible. She, therefore, reasonably believed that she was invited to send her cheque by post, and she did what she was asked to do. This agreement indisputably contains a condition relating to reconveyance incorporated in a registered instrument and may not be admissible in the absence of registration as evidencing any alteration of the terms of reconveyance.

This is the second question for our decision. 2007, the appellant required the Union of India, through the MoPNG and the MoF, to issue an appropriate clarification/amendment with respect to the two PSCs executed with the appellant, taking a stance that it was always the intention of the Union of India, at all stages, to give the benefits of Section 42 Deductions of the Income Tax Act, read with Article 16 of the MPSC, to all the entities who had entered into PSCs with it, including the appellant with the plea that the non-inclusion of this provision in the two PSCs signed with the appellant was a clerical error/oversight.

245 money, as a general rule the debtor must come and pay his creditor. Consequently, what she did amounted to payment to the appellant. One member of the Appellate Tribunal, Shri D. Evidently by this agreement the transferors undertook to pay the difference between the net rent to be recovered and interest at the rate of nine per cent, on the price till the date of reconveyance, and that the right of reconveyance was to be enforceable only when the difference between the interest at nine per cent on the price and the rent recovered less repairs, insurance charges according to the books of account of the transferees was paid.

In the meanwhile, on 24. An express request to send through the post was not necessary. On behalf of the appellants it has been contended that the view of the majority of the Labour Appellate Tribunal with regard to s.