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nThis appeal at the instance of the Securities and Exchange Board of India (hereinafter called SEBI) is directed against the majority judgment and final order dated 30. Article 16 of the above-mentioned MPSC contained a specific provision, which provided certain financial benefits and deductions in relation to taxes etc. That order deals with minors and persons of unsound mind and requires that when any such person is a party to a suit, the Court will appoint some one to be his guardian for the suit.

When the permitted restrictions were incorporated special care was taken by the framers of the Constitution to see that 24 freedom of speech was protected and that the right should not be at the mercy of the legislature which might want to impose excessive burden on the Press. , [of the] Central Government; (1) No Supreme Court advocates shall take cognizance of an offence punishable under section 161 or section 165 of the Indian Penal Code or under sub-section (2) of section 5 of this Act, alleged to have been committed by a public servant except with the previous sanction, - (a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government.

What is known as the " due process of law " in America has been specifically omitted from the Constitution of India. It is for this reason that the " Public interest " restriction in Art. 2013, passed by the Securities Appellate Tribunal, Mumbai, in Appeal No. It may be that individual units may suffer hardship or even go out of existence but that would not be a relevant consideration. However, at the same time when the expression 'rags' is not defined in the Notification, it has to be assigned a particular meaning which defines the purpose for which such a Notification was issued giving by plain meaning, even when there is a total disconnect between the said meaning and the Notification, may lead to absurd results as it would exclude the non- conventional material in the form of waste from jute bags or gunny bags even when this very material was there in the 'Positive List' and qualified for exemption.

What is to be considered is the industry region-wise and not individual units. This Court has held in the case of H. It is 447 contended on behalf of the appellant that she was a person of unsound mind and so some disinterested person should have been appointed her guardian for the appeals and that the Deputy Commissioner, Barabanki, was not such a disinterested person as he was also interested in the respondent, the opposing party in the appeals.

The issue raised in the present civil appeals is with regard to service tax payable on wharfage charges. Wage-structure recommended by the Board would show that compared with the scales and salaries obtaining now in many of the newspaper establishments the scales given by the Board were not exorbitant or 37 unreasonable. It is said that the decrees passed in the appeals without another guardian having been appointed for the appellant are a nullity. that would be allowed to contractors/developers, as per the requirements of Section 42 of the Act.

It is lastly said that the compromise decrees were a nullity in view of the principles embodied in Or. The details of the form of application are contained in Section 10 and the procedure that applies to a guardianship application is prescribed in Section 11 n(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.

The Constitution does not permit any abridgment of the fundamental right of freedom of speech and expression unless it falls within the categories of restrictions mentioned in Art. XXXII of the Code of Civil Procedure. The Union of India (UOI), through the MoPNG, issued a Notice Inviting Tenders in August 1992 (1992 NIT), along with a Model Production Sharing Contract (MPSC), for Development of Oil and Gas Fields from various companies in relation to some selected oil fields in Gujarat and other States.

It will be noticed that the " fair wage " is thus a mean between the living wage and the minimum wage and even the minimum wage contemplated above is something more than the bare minimum or subsistence wage which would be sufficient to cover the bare physical needs of the worker and his family, a wage which would provide also for the preservation of the efficiency of the worker and for some measure of education, medical requirements and amenities. It is true that it is necessary that the person appointed as guardian should have no interest in the litigation against the person under disability.

The respondent - M/s Gujarat Maritime Board (hereinafter referred to as GMB) is a statutory body constituted under the Gujarat Maritime Board Act, 1981 (hereinafter referred to as GMB Act). A distinction has to be drawn between the Constitution of U. 19(6) appearing against the fundamental right in Art. 19(1)(g) is not to be found in Art.

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During the financial years 1995-96, 1997-98 and 1999- 2000 (till October 1999), the concessional rate of duty is provided for paper made of pulp containing not less than 75% by weight of pulp made from materials other than bamboo, hard wood, soft wood, reeds or rags. (1), an order made thereunder may provide for controlling the prices at which any essential commodity may be bought or sold. The Election Tribunal held that the (1) (1955) 1 S.

On February t4, 1902, Ganeshprasad executed a mortgage deed, Ex. 11B of Iron and Steel (Control of Production sub-cl. For this mortgage deed a stamp paper purchased on June 25, 1898, was utilised. and undertook thorough inspection of the vessel. P-66 and P-74 were presented for registration on February 26, 1903 but they were registered on March 4, 1903. P-7, dated March 3, 1903, in their favour. But in respect of the year 1996-97, the concession was given to paper made of pulp containing not less than 50% by weight of pulp made from materials other than bamboo, hard wood, soft wood, reeds or rags.

2(a) as meaning any of the classes of commodities specified; they included iron, steel and coal. The stamp for this document was 268 purchased on August 4, 1902. B Johari's case (supra) was not applied properly. 3 the Ordinance provided for sub-delegation by cl. There is nothing on record to show what has happened to this mortgage and whether the alleged debt was discharged. The essential commodities which were covered by the Ordinance were defined by cl.

The team members also interrogated the crew members staying on the vessel. 173 of the Constitution. (8) The joint interrogation team was accordingly constituted comprising of representatives of Indian Coast guard, Customs Department and other agencies. On the said basis it is argued that rendering any service in connection with prospecting and extraction is an integral part of mining and that the expression mining in the Explanation 2 to Section 9(1) of the Income Tax Act, in the absence of any definition under the Income Tax Act, has to be understood as per the provisions of the Oil Fields (Regulation and Development) Act, 1948 read with the Petroleum and Natural Gas Rules, 1959.

With this background in view we proceed to examine the provisions of the Act and ascertain the predominant purpose, true intent, scope and the object of the Act. Under this agreement, the mortgagee admitted that the said mortgages had been paid up and he also undertook to execute a written " mortgage deed " and get the same registered at any time when the mortgagors paid the full expenses in that regard. This document appears to have been ante-dated for some ulterior purpose.

This delay in the registration is presumably for the reason that the Lala brothers waited till the mortgagee executed an agreement, Ex. (7) It shall be lawful for a panchayat to render financial or other assistance to any person for carrying on in the village panchayat any activity which is related to any of the matters specified in Schedule I. Again on February 26, 1903, the same executants executed another mortgage deed, Ex.

There have been some amendments in the Notification No. , diseases and to prohibit advertisements relating to remedies pretending to have magic qualities and provide for other matters connected therewith, (1) [1958] INSC 30; [1959] S. 2, was, at all material times, under 25 years of age and was consequently not qualified to be chosen to fill a seat in the Legislative Assembly of a State under Art. The preamble shows that the object of the Act was to control the advertisement of drugs in certain cases, i.

9,975 mortgaging thereunder the family immovable properties. 132(1) of the Constitution are directed against the orders passed by the said High Court by which cl. This Ordinance was issued to provide for the continuance during a limited period of powers to control the production, supply and distribution of, and trade and commerce in, certain commodities which were treated as essential for national economy. , all except Govindprasad and Mangalprasad, executed another mortgage deed, Ex.

2013), which inter alia revealed that the vessel was carrying huge quantity of arms/ammunition without any valid authorization and documentation by the crew members. P-75, in favour of Sheoprasad: though this document is dated February 14, 1902, the stamp for the document appears to have been purchased only on April 27,1902. It continued till the next day (13. In this case, we find that the law laid down by this Court in Bhajan Lal (supra) and S. P-66, in favour of Narayanrao Govindrao Mahajan for a sum of Rs.

p-74, lawyers in Supreme Cour of Indiat favour of the said Narayanrao Govindrao Mahajan for a. 2(c) adds inter alia that without prejudice to the generality of the powers conferred by sub- s. One of the allegations was that the respondent No. 1 filed an election petition against the appellant and the other respondents for setting aside the election as wholly void. (117) It is a settled principle of law that if a law laid down by this Court was not applied properly by the High Court then such order has to be set aside.

It was further revealed that the vessel had received diesel in bulk quantity from one Indian fishing boat illegally few days back after the vessel entered in Indian Sea waters. 302 by the Sessions Judge of Birbhum who agreed with the majority verdict of the jury that he was guilty. Having provided for the delegation of the specified powers to the Central Government under cl. 22/94-CE in the subsequent years. The team members visited the vessel on the same day, i.

-These three appeals which have been filed in this Court with certificates issued by the Punjab High Court under Art. On November 2, 1902, six of the Lala brothers, i. The Judgment of the Court was delivered by IMAM J. -The appellant was sentenced to imprisonment for life under s. This also appears to be another sham transaction.

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It was not necessary to expressly over rule the case of Windsor v. Particular reliance was placed on r. The position of the copper trade at the end of March, 1958, within two days of which the impugned order was made is fairly clear. 3 of the English Prices of Goods Act, 1939. these Rules may be revoked or suspended by the licensing authority if the holder, or any person in his employ, is found to have committed a breach of the conditions thereof, or any of the provisions of the Act or these Rules (or has been convicted of an offence under s.

174 to 182 of the Central Excise Rules which relate to licensing. Copper is so largely required by the industries in India for producing various consumer's goods and also sheets and other articles which are needed as raw material in other industries that the position that it is an essential commodity cannot be and has not been disputed. ) This shows how strong 175 the attempt to protect the third party has been. 906, and therefore that the Act did not apply to him.

The admissions made by one or other members of the family to meet particular contingencies or to get an advantage were not of much value in determining the question whether some of the members of the joint Hindu family had separated. Chalcraft, is not to be extended. (2) But if there be any doubt, a consideration of the historical development of the law and the objects to be attained puts it beyond doubt that the legislature intended this result.

36 states that no party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under the Act or in any proceedings before a court. , Shawcross, ibid, Introduction LXXXVII et. Subsequent English cases show that the principle of Windsor v. The classification made by the impugned Act is arbitrary and unreasonable, in so far as it removes the newspaper employers vis-a-vis working journalists from the general operation of the Industrial Disputes Act, 1947, and Act I of 1955.

, seems to have been approved. -That is rather far fetched. The rule is as follows:- R. The claim was resisted by the owners on the ground that the deceased was remunerated by a share in the profits or gross earnings of the vessel within s. 176(2) imposing a licence fee which in the case of tobacco is as much as Rs' 100. The point to note is that there is no particular provision for the representation of a party other than a workman or an employer, presumably because under the second part of the definition clause the parties to an industrial dispute can only be employers and employers, employers and workmen, or workmen and workmen.

remit the amount by a cheque in our favour on any bank in Bombay " which was an express request conveyed to the Government by the assessee to send the cheque by post thus constituting the Post Office the agent of the assessee. Ashbridge [1941] 1 All E. Even in England the, view of Slesser, T. No such words having been used by the appellant in this case the only consequence of the provision contained in the bill form that the payment be made by cheque was that the Government was authorised or entitled to make the payment by cheque; but how to reach those cheques to the appellant was left to the sweet will and discretion of the Government and if the Government chose to send those cheques by post there was no request, express or implied, emanating from the appellant to send the cheques by post so as to constitute the Post Office the agent of the appellant for the purposes of receiving the same.

116 of the Indian Penal Code). 181 which deals with revocation and suspension of licences and empowers the Licensing Department to revoke or suspend a licence under certain circumstances. 96(2) and (6) are clear to show that the insurer can take only the defences mentioned lawyers in Supreme Cour of Indiat sub-s. Section 4 defines the permitted increases. He was employed as chief engineer on board a steam trawler at a fixed weekly wage of pound 2. 181 " (1) Any licence granted under. Chalcraft as in 1946 the Motor Insurers Bureau was set tip in England, as a result of which an insurer is bound to satisfy a judgment obtained by a third party against a, motorist even if the motorist was not insured (Halsbury, 3rd Edn.

11B should have referred to the prices of some specified year as basic prices of the commodities and should have directed the Controller to prescribe the maximum prices in respect thereof by reference to the said basic prices. In support of this contention reliance is placed on the provisions of s. Actually the words of s. 3 defines the expression " basic price " as the price at which in the ordinary course of business in the case of which those goods were to be sold, agreed to be sold or offered for sale at the 21,st day of August, 1939.

1 of the said Act prohibits sale of price-regulated goods at more than permitted price, and s. In support of the argument that the Act did not only relate to levying of excise duties but also regulated trade, reference was made to rr. Reference was also made to r. Sub-section (4) states that in any proceeding before a Tribunal a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Tribunal.

2 of the Workmen's Compensation Act, 1. It was faintly argued that cl.

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The Director of the Company suggested that the fraud might have been committed by reason of the Gujarati Maharashtrian and anti-Muslim feeling amongst the employees of the Company. Cognizance of offences by Magistrates. These facts are not denied in the counter-affidavit filed by the State. The said provision reads as follows:- 190. Ultimately, this Court transferred the said criminal case from the State of Bihar to the file of a Magistrate's Court in Delhi on the ground that there was political rivalry between the two persons.

- In respect of diseases, the following rule will be observed - (a) Cases in which it is established that conditions of Army service did not determine or contribute to the onset of the disease but influenced the subsequent courses of the disease will fall for acceptance on the basis of aggravation. To appreciate the said issues, it is necessary to analyse the scheme of Section 190 of the CrPC. " (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence_ (a) upon receiving a complaint of facts which constitute such offence.

In the case of New Zealand Shipping Co. He also did not give them the particulars of fraud. I am not dealing with such a case as that. Ltd on facts the ultimate conclusion reached unanimously by Their Lordships was that the clause of the contract in that case was a stipulation in favour of both the parties and the situation was not brought about by any of the parties to give rise to avoidance. The Income Tax Act does not define the expressions mines or minerals.

The Chief Controller told them that the issue of the licences had not been authorized by him as they purported to be and that they had been obtained fraudulently, though at that stage he was not able to say how exactly and by whom the fraud was committed. When this option is left to the blameless party it is said that the contract is voidable, but that is only another way of saying that the blameable party cannot have the contract made void himself, cannot force the other party to do so, and cannot deprive the latter of his right to do so.

Of course the parties may expressly or impliedly stipulate that the contract shall be voidable at the option of any party to it. It is also stated that before the said election, the Revenue Minister filed a criminal case against the proprietor in the District Court of Hazaribagh charging him under s. The said expressions are found defined and explained in the Mines Act, 1952 and the Oil Fields (Development and Regulation) Act 1948. Presently to the thrust of the matter, the controversy before the learned Single Judge was basically two-fold, namely, whether the learned Chief Judicial Magistrate could have directed for reinvestigation and secondly, whether it could have directed for reinvestigation by another investigating agency.

The High Court in a judgment dated April 15, 1952, delivered in the petition to transfer the said case to some other Supreme Court India advocates, recorded the admitted fact that there was political rivalry between the Minister and the proprietor. Hooseini Doctor, met the Chief Controller on September 30, 1958, and handed over the explanation to him and also personally told him that in the absence of any particulars of the alleged fraud and without inspection of the papers relied upon by the Chief Controller, it was not possible for the petitioner Company to give a complete explanation and that the petitioners reserved their right to give further explanation on getting the said particulars and inspection of the said papers.

They also requested the Chief Controller to give the Company a personal hearing to meet the charges after giving the necessary particulars and the inspection of papers asked for. Disability A B C GENERALISED TONIC CLONIC NO NO YES SEIZURE - 345 NEUROTIC DEPRESSION - 300 NO NO YES (b) In respect of each disability shown as attributable under 'A', the Board should state fully, the specific condition and period in service which caused the disability 182 = NA (c) In respect of each disability shown as aggravated under B the Board should state fully:- (i) The specific condition and period in service which aggravated the disability.

(emphasis supplied) 103. To deprive him of that option would be but to effectuate the purpose of the blameable party. In the said counter-affidavit the following cryptic statement occurs: 500 of the Indian Penal Code. It was found that the failure to fulfil the contract was not due to any fault on the part of the respondents but was due to a cause beyond their control. As has been observed by Lord Atkinson, it is always a question of fact to be determined in each case as to who is guilty of the act or omission to render the contract void or unenforceable.

The application to contracts such as these of the principle that a man shall not be permitted to take advantage of his own wrong thus necessarily leaves to the blameless party an option whether he will or will not insist on the stipulation that the contract shall be void on the happening of the named event. It may well be that the question whether the particular event upon the happening of which the contract is to be void was brought about by the act or omission of either party to it may involve a determination of a question of fact.

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Anija, about the case. Mehta was consulted about this case, and he was handed over copies of all the documents we have referred to in connection with the medical evidence, together with the proceedings of the Coroner's inquest at Bombay. It is clear from the call book that it was Dr. Shah, who was the Registrar of Unit No. Be it stated, this Court had appointed a counsel to argue on behalf of the respondent, as despite service of notice, the respondent chose not to appear.

It is clear however that Dr. This is more so, as the records substantiate that the contention based on plantation was raised for the first time before that forum. In the middle of March 1958, Dr. It is to his evidence we now turn to find out what was the cause of death of Laxmibai. The appellant then went up in appeal, which was heard by a Division Bench of the Calcutta High Court. The grounds of appeal show that the same two points, which were urged before the learned Single Judge' were reiterated therein.

He admitted that he must have advised Dr. The singular question that emanates for consideration is whether under the provisions of the Act, the revenue authorities are entitled to levy the demand of luxury tax from the respondent by clubbing the plinth area of the apartments which are 13 in number or the plinth area of the individual apartment should be taken into consideration for levy of the said impost.

Mehta, opinion was sought from him about the cause of death of 'Indumati Paunshe' and whether it was from diabetic coma, any other disease or the administration of a poison. Asha Jain Madan, learned counsel who was engaged by the Court to represent the respondent. In that view of the matter, the appellants plea based on Section 3 (1) (viii) lacks foundation in the plaint and in the strict sense of the term as the debate has its genesis in a suit, ought not to have been entertained by the High Court.

Insofar as allegation of some of the appellants that their abadi land was acquired, we find that this allegation is specifically denied disputing its correctness. Held: (i) that the subject-matter of the legal proceedings under s. Shah said from the sequenceof time noted in the call book and the case paper, that he must have gone to the ward before 6-30 a. Shaw he could not have seen the case paper when he called because he was not the Registrar of Unit No.

Shah said in his evidence that he must have gone to the patient pursuant to the call but he had no recollection of the case at all. In course of the arguments before this Court, however, the learned senior counsel for the appellant has not pursued the plea based on private forest and has confined the assailment qua plantation as per clause 3 (1) (viii) of Act 1963. The parties are also not at issue that on the date of the lease, no plantation as defined in Section 2 (44) did exist on the demised land.

He denied that the entry " Inj. "was in his hand writing. We have mentioned that there has been a long gap between acquisition of the land and filing of the writ petitions in the High Court by these appellants challenging the acquisition. There is specific averment made by the NOIDA Authority at so many places that village abadi land was not acquired. Singh, learned counsel for the appellant-State and Ms. During the course of hearing, Chart No. 1 in the absence of Dr.

Patel who was 564 officiating as the Registrar of Unit No. If they have undertaken some construction during this period they cannot be allowed to take advantage thereof. 35 of the Arbitration Act is inapplicable. 33 Of the Arbitration Act, 1940, which relates to the existence and validity of the arbitration agreement, are not matters within the competence of the arbitrators, and do not therefore cover any part of the subject-matter of the reference. 2 who had been sent for by Dr. It has been the consistent stand of the NOIDA Authority that prior to the issuance of Section 4 Notification under the Land Acquisition Act, 1894, survey was conducted and the abadi found in that survey was not acquired.

Mehta for his expert opinion. The plaint, to reiterate does not refer to such plantation on the date of the lease, as well. It is also mentioned that as a consequence of the acquisition, the Authority spends crores and crores of rupees in developing the infrastructure such as road, drainage, sewer, electric and water lines etc. Saify on leave, also denied that that entry was in his handwriting. It is mentioned that abadi area is what was found in the survey conducted prior to Section 4 Notification and not what is alleged or that which is far away from the dense village abadi.

Indeed according to her, the Registrar, who must have been Dr. Anija had started treating the case as diabetic coma and given 40 units of insulin before she sent for the Registrar. In fact, affidavits in this respect have also been filed not only in this Court but also in the High Court. What the advice was we do not know. 2 in respect of each village of Greater Noida was handed over for the consideration of this Court, wherein the amount spent by the Authority on the development, including village development (which is the unacquired village abadi), has been given in Column No.

in the unacquired portion of the village abadi. Therefore, it is difficult to accept the argument of the appellants based on parity with three villages lawyers in Supreme Court respect of which the High Court has given relief by quashing the acquisition. 473 The extent to which her treatment, if any, went in the period covered by the case papers may or may not be truly described by the appellant in these papers, but we are definitely of the opinion that the entries there cannot be read without suspicion, in view of the extraordinary fact described by us here.

It appears, however, that the last insulin injection was given to her on September 27, 1956, though the appellant stated in his examination as accused in the case that she was put on Nadisan tablets for diabetes.

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Kane appeared, and in the course of his argument, he stated as follows: It is important for us to state and hold here that the powers of legislation of the Parliament with regard to all aspects or causes that are within the purview of its competence, including with respect to extra- territorial aspects or causes as delineated above, and as specified by the Constitution, or implied by its essential role in the constitutional scheme, ought not to be subjected to some a-priori quantitative tests, such as "sufficiency" or "significance" or in any other manner requiring a pre- determined degree of strength.

That section may, however, only involve this, that some act of bankruptcy had been committed before the adjudication was made. 11 goes on to provide that, by way of enlargement 640 of the trustee's title, he may go behind the act of bankruptcy on which the adjudication was founded, and may, under certain circumstances and subject to certain limitations, prove that other earlier acts of bankruptcy have been committed, and if this is done the trustee's title is to relate back to the earliest act of bankruptcy which is proved to have been committed within twelve months before the adjudication.

Section 4 of the Repealing and Amending Act, 1952, only saved other enactments in which the repealed enactment had been applied, incorporated or referred to. From the above reproduced prayer clause, it is crystal clear that the only relief sought by Shri A. Anantji Bhikaji (2), the temple was a public one. 1502, Housing and Urban Development Department dated 7-11-1978 published in the Tamil Nadu Government Gazette Extraordinary dated 10-11-1978 in Part II Section 2 on pp.

This, however, is to be proved by evidence, whereas the act of bankruptcy on which the adjudi- cation is founded is proved by the production of the adjudication itself. For the reasons stated in the accompanying affidavit, it is most respectfully prayed that this Honble Court may be pleased to issue a writ of certiorari or any other proceeding or any other appropriate writ or direction or order in the nature of a writ to call for the records of the first respondent relating to GOMs No.

254, 257, 258, 260, 268 and 271 in Mogapperi Village, No. 10 of the Bankruptcy Act, remarked on the scope of s. , also, after emphasizing on the words " duly made " in s. It seems to me to be impossible to evade the words of these sections. " But then comes sect. It was held by the High Court that under Hindu Law firms in Supreme Cour of Indiat, the manager of a public temple has no right to remove the image from the old temple and instal it in another new building, especially when the removal is objected to by a majority of the worshippers.

254, 257, 258, 260, 268 and 271 in Mogapperi Village, No. II, which has no operation at all as between the bankrupt and the trustee. This appears to be the reason why the Division Bench of the High Court, while disposing of Writ Appeals Nos. 81, Block V, Saidapet Taluk and in the absence of a specific prayer having been made in that regard, neither the High Court nor this Court could have quashed the entire acquisition.

1 1 is dealing with the relation back of the trustee's title, shews that it is dealing with the rights of third persons, and not merely with the rights of the bankrupt and persons indebted to him. II, which, I think, if more was needed, makes the adjudication conclusive on third persons that the act of bankruptcy on which it was founded was really committed. It is interesting to note that in this case Dr. , also said much to the same effect, at P.

The bankrupt has no rights whatever; all his rights have been transferred to the trustee. It had no application to the case of a later amending Act inserting a new provision in an earlier Act as it could not be said that the earlier Act applied, incorporated or referred to the Amending Act. Any such inferential conclusion will have disastrous consequences inasmuch as it will result in uprooting those who may have settled in the flats or houses constructed by the appellant Board or who may have built their houses on the allotted plots or undertaken other activities.

Naidu was for quashing the notification issued under Section 6 insofar it related to the land falling in Survey Nos. 22 to 26 and quash the said notification issued under Section 6 of the Land Acquisition Act, 1894 insofar as it relates to the land in the petitioners layout approved by the Director of Town Planning in [pic]LPDM/DTP/2/75 dated 7-3- 1975 in Survey Nos. 676 of 1997 and 8-9 of 1998 observed that quashing of acquisition by this Court was only in relation to the land of the petitioner of that case and, at this belated stage, we are not inclined to declare that order dated 21-8-1990 passed by this Court had the effect of nullifying the entire acquisition and that too by ignoring that the appellant Board has already utilised portion of the acquired land for housing and other purposes.

81, Block V, Saidapet Taluk, Chingleput District and render justice. All that would be required would be that the connection to India be real or expected to be real, and not illusory or fanciful The mere fact that sect.

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Variava stated that before he left the Ward he told Dr. It was next contended that the restrictions imposed on newspaper establishments under the terms of the impugned Act were unreasonable in so far as they would have the effect of destroying the business of the petitioners and would therefore exceed the bounds of permissible legislation under Art. At that juncture, the Court opined that:- 5. It was also urged that the orders passed were mala fide but no such allegation was made in the petition nor is it shown as to why the orders are mala fide.

In the said case, the Court posed the question whether the respondent-assessee was entitled to claim benefit of exemption Notification No. Also in the light of fact that the Maharaja had duly paid the land revenue Lawyer in Supreme Court of India - click over here now - respect of these properties and after his death, the respondent"plaintiff had continued to pay the land revenue and other charges towards these properties, they could be treated as personal properties of the Ruler. Attorney-General for British Columbia (1).

Variava also denied that the phone call to him was made by Dr. " The Collector was acting within his powers if he asked for the deposit of cash security of Rs. Farmers Loan and Trust Co. Where the language is plain and clear, effect must be given to it. 11 of the Act the discretion for the purpose of fixing rates of wages to exercise the same powers and follow the same procedure as an Industrial Tribunal constituted under the Industrial Disputes Act, 1947, while adjudicating upon an industrial dispute referred to it.

200, then the rate of duty is nil. On two distinct occasions, however, the Wage Board definitely expressed itself that it had the powers of an Industrial Tribunal constituted under the Industrial Disputes Act' The first occasion was when the questionnaire was issued by the Wage Board and in the questionnaire it mentioned that it had such powers under s. Virgo (2) and the Attorney General for Ontario v. It is urged that the procedure established under the Industrial Disputes Act was not in terms prescribed for the Wage Board, the Board having been given under s.

Looking at the scheme of the Act, its object and purpose, its true nature and character and the pith and substance the conclusion is inevitable that the Act was within the legislative competence of the Central legislature and although there may be certain matters otherwise within the legislative competence of the provincial legislature they are necessarily incidental to effective legislation by the Central legislature. Submission was that first alternative was not the best alternative adopted by the High Court and in the interest of justice, the second or third alternative should have been resorted to, more so, when it was found to be case of malice in law which can clearly be inferred from the findings arrived at by the High Court, on the basis of material established on record.

The Court extracted the relevant part of the notification and held that serial no. 200 would apply and assessee would be entitled to claim nil rate of duty under the said notification. The various provisions of the Act and the Rules made thereunder were, in our opinion, essentially connected with the levying and may, if the security furnished for a bond is not adequate, demand additional security. We may also point out at this stage that it is well settled position in law that exemption Notification has to be read strictly.

This power to regulate is not a power to destroy, and limitation is not the, equivalent of confiscation. The assessee in the said case had claimed exemption under serial no. While interpreting the exemption notification, one cannot go by rules of interpretation applicable to cases of classification under the Tariff. " Similar observations of the Judicial Committee of the Privy Council in-the Municipal Corporation of the City of Toronto v.

Learned counsel for the respondent has drawn inspiration from Mewar Bartan Nirman Udyog (supra). A notification of exemption has to be interpreted in terms of its language. (1), where it was observed:- " From what has thus been said it is not to, be inferred that this power of limitation or regulation is itself without limit. Miss Aneeja that he was not satisfied that the woman had died of diabetic coma and instructed her that postmortem examination should be asked for. This is not a matter with which we can, in the circumstances of this case,' interfere.

The Court noted the fact that if the produce in question falls under serial no. 200 but they fall under serial no. 200 of the said Notification which was denied by the department on the ground that trimmed or untrimmed circles of brass cannot fall under serial no. This ground has reference to the alleged violation by the Wage Board of the principles of natural justice. It was urged that the right to impose reasonable restrictions on the petitioners' right to carry on business did not empower the legislature to destroy the business itself and reliance was placed in support of this proposition on Stone v.

It is clearly available on record that in accordance with Section 158(2) of the Madhya Pradesh Land Revenue Code, 1959 the respondents father had acquired the rights of bhumiswami over one of these disputed lands, namely the Mohana Bir as per letter dated 22nd July, 1963 of the Tehsildar of Depalpur District, Indore (Annexure R/9).

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[14] 11 Functions of Authority (1) Notwithstanding anything contained in the Indian Telegraph Act, 1885 , the functions of the Authority shall be to " (a) make recommendations, either suo motu or on a request from the licensor, on the following matters, namely: - (i) need and timing for introduction of new service provider; And, if an incumbent operator loses out to a new entrant (or, another licensee), the discontinuation of services would pose problems for consumers leave aside the losses on capital investment made by the incumbent TSP in the LSA.

It is true that the Legislature might have used the word " money " or " consideration " as has been done by the relevant section of the English statute; but if the dictionary meaning of the word " gratification " fits in with the scheme of the section and leads to the same result as the meaning of the word " valuable thing " mentioned in the same clause, we see no justification for adding any clause to qualify the word " gratification"; the view for which the appellant contends in effect amounts to adding a qualifying clause to describe gratification.

and Jagdambika Pratap Narain Singh v. The wages which are normally fixed after a general inquiry' applicable to the whole industry have always been minimum wages. This clause has reference to the offence punishable under s. is no doubt that one of the essential ingredients of the said offence is that the valuable thing should have been received by the accused without consideration or for a consideration which he knows to be inadequate.

We have indicated this argument at this place by anticipation. Besides, according to him, if the theory of conspiracy was upheld it would mean that if any office bearers of the Union were guilty of any subversive acts the whole membership of the Union would be constructively responsible and that is plainly unreasonable. 4(1) it would be unreasonable to hold that the word " gratification " Advocate in Supreme Court of India [Suggested Studying] the same clause imports the necessity to prove not only the payment 601 of money but the incriminating character of the said payment.

The High Court by mistake cited in its judgment the provisions of s. Assessment of a wage level and scale only by reference to gross revenue was erroneous. The learned Attorney-General seriously asked us to bear in mind that the application of the doctrine of conspiracy to the decision of the present dispute may have far-reaching consequences on the future of the trade union movement itself, and he suggested that since the Union and its activities were not the subject matter of the present enquiry we need not consider the argument of conspiracy at all.

The plain meaning of this clause undoubtedly requires the presumption to be raised whenever it is shown that the valuable thing has been received by the accused without anything more. 10 to sum up; there is a very real risk that bidding could lead to an escalation of auction prices far beyond any reasonable value. It cannot be suggested that the relevant clause in s. If the conviction was under s. In fact this argument has been raised by the employees in their appeal but we thought it would be convenient to deal with both these aspects of the matter in one place.

Further, even if the incumbents win back the spectrum, there will be serious limit to the investment ability of incumbents. 6(1) of the Act instead of s. It is the acts of individual strikers who have been dismissed that have given rise to the dispute and the enquiry must be confined to that dispute alone. In this connection he also referred us to ss. There is a real justification for this Court limiting the scope of the special leave. A taxing statute should be strictly construed; common sense approach, equity, logic, ethics and morality have no role to play.

) Specifically, insofar as an exemption notification is concerned the Chand Shri Gopal and Others[2] would require notice. Until now whenever the wage had to be fixed for an industry the relevant consideration had always been the capacity of the industry to pay. Nothing is to be read in, nothing is to be implied; one can only look fairly at the language used and nothing more and nothing less. We would accordingly hold that in the present appeal the High Court was justified in raising the presumption against the appellant because it is admitted by him that he received Rs.

4(1) which deals with the acceptance of any valuable thing should be interpreted to impose upon the prosecution an obligation to prove not only that the valuable thing has been received by the accused but that it has been received by him without consideration or for a consideration which he knows to be inadequate. 17, 18 and 19 of the Indian Trade Unions Act 1926 849 (16 of 1926). 6(1), the maximum sentence permissible on the first offence thereunder was only fine which may extend to Rs.

The presumption has also to be raised when it is shown that the accused person has received any valuable thing. If that is the true position in respect of the construction of this part of s. This argument is countered by the employees with the contention that the activities of the Union do not fall to be considered in the present enquiry. There is another consideration which supports this construction. Thus, the language of a taxing statute should ordinarily be read and understood in the sense in which it is harmonious with the object of the statute to effectuate the legislative animation.

165 of the Code; and there.

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1,50,000 in the shape of high denomination notes on January 12, 1946, when the Ordinance was promulgated, but that the nature of the source from which the appellant derived the remaining 14i high denomination notes of Rs. The function of the Board thereunder is of regulating the inter se relationship of entities under the Act and not to regulate/control the relationship between the entities under the Act and the consumers. It accordingly reduced the amount considered as the secreted profits from Rs.

Clause (a) supra while prescribing protection of interest of consumers limits the same to, by fostering fair trade and competition amongst entities engaged in distributing, dealing, transporting, marketing gas. 4 is applicable to the present case. Even though, the Wage Board classified the newspaper establishments into 5 classes from " A " to " E " on the basis of their gross revenue the proportion of the advertisement revenue to the gross revenue does not appear to have been taken into consideration nor was the essential difference which subsisted between the circulation and the paying capacity of the language newspapers as compared with newspapers in the 24 186 English language taken into account.

1,000 each remained unexplained to its satisfaction. In support of this argument reliance is placed on s. If the establishment in question is exempted from the application of all the provisions of the Act, how can s. It is urged that the establishment of any railway administration is mentioned as sr. Section 11(e) (ii) confers power on the Board to determine transport rates for common carrier or contract carrier. 70 on which it is based cannot be invoked by the respondents.

The proviso to this section authorises the State Government to add to, omit or alter any of the entries in the said schedule in the manner indicated( by it. In that case the provision of law which was impugned amongst others was one which prevented the detenu on pain of prosecution from disclosing to the Supreme Court of India Lawyers (sneak a peek at this site) the grounds of his detention communicated to him by the detaining authority. 70 be said to apply to it? Section 4 provides that notwithstanding anything contained in the Act its provisions mentioned 147 in the third column of sch.

On appeal taken by the appellant before the Income. 4 mentions and applies only to establishments and it has no application to factories; and we are dealing with employees in a factory. It is relevant to note here that the High Court, while appreciating the language employed in the said provision has held that:- We are of the opinion that none of the aforesaid clauses can be construed as prescribing price control/regulation as a function of the Board.

perform such other functions as may be entrusted to it by the Central Government to carry out the provisions of this Act. The Appellate Tribunal accepted the account books produced by the appellant 302 and examined the cash book and taking into consideration all the circumstances which had been adverted to by the Income- tax Officer took the view that the appellant might be expected to have possessed as part of its business cash balance of at least Rs. tax Appellate Tribunal, the Tribunal, held that it was by no means certain what the actual cost would be when the developments were carried out and that although the appellant had undertaken to carry out certain developments, it could bring expenses into account only when the expenses were actually incurred.

The conclusion of the Authority has been challenged by the appellant on the ground that s. The Tribunal accordingly dismissed the appeal. Consistently with its policy, the Act, which provides for overtime wages for employees in all establishments, provides for overtime wages for employees in factories as well by making the relevant provisions of the Factories Act applicable to them. Sub- section (f) of Section 11 allows the Board to regulate in respect of notified petroleum, petroleum products and natural gas and sub-section (e) (iii) of Section 11 empowers the Board to regulate, by regulations, access to city or local natural gas distribution network so as to ensure fair trade and competition amongst entities as per pipeline access code.

II and the entry against it in col. 70 applies to factories and so it would not be legitimate to base any argument on the assumption that s. Sub-section (e) of Section 11 of the Act is pertinent to appreciate the controversy. 11 shall not apply to the establishments, employees and other persons mentioned against them in the second column of the said schedule. Similarly, Clause (f) while prescribing function of monitoring prices limits the same to taking corrective measures to prevent restrictive trade practices by the entities.

Indeed as we have already observed, no provision of the Act except s. asks the learned Attorney-General. The State of Madras and, Anr. If this had been done, the basis of gross revenue which the Wage Board adopted would have been modified in several respects. Public Service Commission, Allahabad, 2007 (3) SCC 720, is instructive and is reproduced for this reason - 18 The following paragraph from the determination of the Three-Judge Bench in Sanjay Singh vs.

It empowers the Board to regulate, by regulations, in respect of certain aspects. A more relevant decision on this point is that of this Court in A. 3 of the said schedule shows that the provisions of the Act are inapplicable to the said establishments.

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Several provisions of the impugned Act were referred to in this context. The provision as to the notice in relation to the retrenchment of working journalist was also extended beyond the limitations specified in s. The question whether a man like Mahabir who was a total stranger to the plaintiff would be called by Gajadhar to hear such talks also requires the serious consideration of the Court. Section 22 on which reliance has been placed deals with transportation tariff.

" It is trite to observe that the fundamental right to the freedom of speech and expression enshrined in Art. abridging the freedom of speech or of the press . It may also be noticed at this stage that when there was flurry of writ petitions in the High Court challenging the invocation of Section 17 and the Division Bench of the High Court in Harkaran Singh (supra) had held invocation of urgency powers to be bad in law, some land owners whose land was acquired much earlier by invoking clause (some of the Notifications of such land date back to 1979 or early 1980s as well) took adventurous step to file the writ petitions in the year 2011 challenging those Notifications.

However, if medical opinion holds, for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service. Jadunath claims to have gone to his house with a servant. All these writ petitions, however, have been dismissed by the impugned judgment of the High Court on the ground that they are filed with inordinate delay and laches. At the outset, it is apt to note that when the matter was listed before a two-Judge Bench on 25.

19(1)(a) of our Constitution is based on these provisions in Amendment I of the Constitution of the United States of America and it would be therefore legitimate and proper to refer to those decisions of the Supreme Court of India Advocates (Click At this website) Court of the United States of America in order to appreciate the true nature, scope and extent of this right in spite of the warning administered by this Court against the use of American and other cases, (Vide State of Travancore-Cochin (1935) 297 U.

675 Jadunath himself has not said anything about the negotiations about Tilak but one Mahabir Ray has said that when he was going to the fields Gajadhar called him and there lie heard Gajadhar demanding a higher Tilak stating that he had recently purchased properties at Majhaul from Mussammat. Section 2(f) of the Act which defines working journalist " so as to include " proofreader was pointed out in this connection and it was urged that even though the Press Commission Report recommended the exclusion of certain class of proof-readers from the definition of working journalists the Legislature went a step further and included all proof-readers within that definition thereby imposing upon the newspaper establishments an unreasonable burden far in excess of what they were expected to bear.

" Congress shall make no law. It is difficult not to agree to this estimate of probability. Mahabir has not mentioned the presence of this servant. The learned judges of the High Court thought that there was no reason that Gajadhar would go out of his way to convey the information to Jadunath that he had purchased the Milkiat of Jogeshwari, the defendant No. The said provision is reproduced below:- 22. 2015, the following order came to be passed:- From the reading of the impugned order passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (for short, ˜the Tribunal), it transpires that the Tribunal followed decision of this Court in the case of this very respondent-assessee titled Sanden Vikas (India) Ltd.

Transportation tariff:- Subject to the provisions of this Act, the Board shall lay down, by regulations, the transportation tariffs for common carriers or contract carriers or city or local natural gas distribution network and the manner of determining such tariffs. " A similar clause is to be found in Switzerland, in the collective agreement signed on April 1, 1948, between the Geneva Press Association and the Geneva Union of Newspaper Publishers: 156 the Indian Oxygen (a) the exertion of pressure by an employer upon a journalist to induce him to perform an immoral action; (b) a fundamental change in the political outlook of the journal, proclaimed by public declaration or otherwise made manifest, if the journalist's employment would thereafter be contrary to his political opinions or the dictates of his conscience.

The rest of the 80% comprised persons who may otherwise be described as factory workers who would be able to ameliorate their conditions of service by having resort to the machinery under the Industrial Disputes Act. This difficulty becomes all the more formidable when one considers that the working journalists only constituted at best one-fifth of the total staff employed in the various establishments. The Trial Judge does not appear to have given the slightest consideration to this aspect of the matter.

Jadunath himself does not mention having seen this Mahabir at Gajadhar's house. 25F of the Industrial Disputes Act, 1947, and was extended to six months in the case of an Editor and three months in the case of any other working journalist.

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