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which, in our opinion, really should be answered during the negative. Short article 2291, R. C. S. 1925, offers that: "The clerk shall continue to keep a movement docket through which he shall enter each motion submitted in his court docket, the names on the get-togethers as well as their attorneys, a short assertion of its nature, and the quantity of the go well with during which it can be produced if it relates to a go well with pending. * * * Detect of the motion in a match pending is given by filing the motion and its entry during the motion docket throughout the phrase. * * *" Even though we don't deem it required to ascertain regardless of whether, soon after dismissal and in advance of reinstatement, the case had the standing of "a suit pending" inside the indicating of the statute, but we are inclined for the view expressed in Hexter v. Pratt (Tex. Com. App.) 10 S.W.(2nd) 692, 694, with reference to your circumstance On this issue, in which the court docket mentioned: "It [the judgment of dismissal] is precisely what it purports to be, a willpower of an absence of diligence in prosecuting the fit for which it is actually stricken from your docket. It effectually place an end to The actual proceeding, but was entirely ineffectual to determine the merits of your assert therein asserted." Having said that, if we assume, While we don't so determine, that the situation, after currently being dismissed and before its reinstatement, was "a fit pending," throughout the that means in the statute, but, beneath the conditions, defendant was not visited with statutory or constructive observe from the proceedings, for the reason that no motion to reinstate was at any time submitted or entered on the motion docket, and it is just if the statute During this regard is complied with that constructive detect of such a movement is visited on the adverse celebration. So within the absence of either true or constructive discover of the proceedings that resulted inside the rendition of judgment towards him, we predict defendant confirmed affordable justification for his absence; On top of that, he exhibited meritorious defenses to plaintiff's reason behind action, and we fall short to see how plaintiff could possibly be materially prejudiced by granting defendant a whole new trial. ...
In the above situation, Mr Ram can go for presumptive taxation When the tax is compensated on fifty% of gross receipts. For this reason, Ram can decide to shell out tax beneath the presumptive scheme of taxation underneath segment 44ADA.
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