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It must be realised that goods manufactured in our country have to stand heavy competition from goods produced abroad, and even browse this site export can only be made at great sacrifice, and is made only to earn foreign exchange, which would not, otherwise, be available. Further, due to coercion and fear, the workmen were compelled to sign on the blank papers and the purported voluntary retirement letters alleged to have been submitted to the appellant were not considered by it. In the said show cause notice the Additional Commissioner had proposed to classify the product of the appellant/assessee under Heading 2108 of the Central Excise Tariff Act, 1985, as Miscellaneous Edible preparation not elsewhere specified or included.

We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. The State Government at the time of passing its order ought to have considered this important factual aspect of the matter before refusing to pass an order to make a reference to the Industrial Tribunal regarding the dispute between the parties in relation to their illegal termination.

Further, the High Court has rightly adverted to various judgments of this Court including Bombay Union of Jornalists v. The same were not produced by the appellant before the Conciliation officer. The rigour of Section 63 (c) of the Act and Section 68 of 1872 Act is thus befitting the underlying exigency to secure against any self serving intervention contrary to the last wishes of the executor. A Will as an instrument of testamentary disposition of property being a legally acknowledged mode of bequeathing a testators acquisitions during his lifetime, to be acted upon only on his/her demise, it is no longer res integra, that it carries with it an overwhelming element of sanctity.

But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. This is more so, as many a times, the manner of dispensation is in stark departure from the prescribed canons of devolution of property to the heirs and legal representatives of the deceased. As understandably, the testator/testatrix, as the case may be, at the time of testing the document for its validity, would not be available, stringent requisites for the proof thereof have been statutorily enjoined to rule out the possibility of any manipulation.

This will deter him to casually invoke the authority of the Magistrate under Section 156(3). Appearance by Public Prosecutors. In other words, a clear case of reference under Section 10(1) in each case is made out. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR. That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case.

Accordingly all the writ petitions are allowed and the rule is made absolute in each case. Let a writ of mandamus be issued directing the appropriate Government in each case namely the State of Haryana in the first mentioned group of petitions and the Central Government in the second petition to reconsider its decision and to exercise power under Section 10 on relevant and considerations germane to the decision.

The first respondent-Union called upon the appellant-Company to produce the news (my response) Resolution passed by its Board before the Conciliation Officer, with regard to the alleged VRS and the order of approval said to have been granted by the Income Tax Authority for such scheme. Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. For continue reading this reason also, sugar produced by the vacuum pan process may have been selected, because such sugar is perhaps in demand abroad and not sugar produced by any other process.

Further, the State Government has failed to consider the fact that the appellant-Company has stated about the VRS being published for the concerned workmen for the first time, only before it and not before the Conciliation Officer in the earlier proceedings. Necessarily, the Government can only embark upon. We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law.

an export policy in relation to these products, for which there is an easy and readily available market abroad. State of Bombay[15] wherein it was held thus: -(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. For this reason also, the High Court is justified in quashing the order of refusal to make an order of reference and therefore, it is rightly justified in issuing a writ of mandamus to the State Government to make an order of reference to the jurisdictional Industrial Tribunal for adjudication of the industrial dispute between the parties.

The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made.

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, observed that it required good and sufficiently cogent reasons to overcome such reasonable doubt before the appellate court came to a different conclusion. He referred to the same document viz. She pointed out that on the packing/pouch of the product even the cooking instructions are mentioned in the following manner: Her arguments was that from the reading of the process described above, it would be manifest that it only involved mixing of raw rice, dehydrated vegetable with some spice and did not bring about any new product.

127 Court used a different phraseology to describe the approach of an appellate court against an order of acquittal. 312 of the Companies Act, 1956, “Any assignment of his office made after the commencement of this Act by any direc- tor of a company shall be void. Charanaya, the Learned counsel appearing for the appellant argued before us that the authorities committed serious error in holding the aforesaid process of the assessee as “manufacturing process”.

They are cases where it will not be necessary for the Revenue to examine the entire gamut of evidence in order to determine whether the transaction is one prompted by extra-commercial considerations. The reasonable interpretation to be placed upon Section 494, in our opinion, is that it is only the Public Prosecutor, who is in charge of a particular case and is actually conducting please click the following page prosecution, that can file an application under that section, seeking permission to withdraw from the prosecution.

If a Public Prosecutor is not in charge of a particular case and is not conducting the prosecution, he will not be entitled to ask for withdrawal from prosecution, under Section 494 of the Code. “Provisions Relating to Direct Taxes” where following clarification also appears: He pointed out that in the present case, there was no income from indigenous business but it was only in the form of brokerage, dividend, interest etc. The dispute between the parties had an earlier origin and apart from the 19 146 present reference, there were as many as four references and four awards, and the last of them was dated April 3, 1951.

It was submitted that the aforesaid mixture, which is sold in a packaged form, is raw food and still needs to be cooked to make it edible. The Competent Authority under the Act has also been vested with power under Section 11 to declare any slum area to be a clearance area from which buildings found to be not fit for human habitation may be cleared in accordance with the provisions of the Act. It will be open to the Revenue, on being satisfied that the third proviso to the new Section 4(1)(a) read with the definition of “related person” in Section 4(4)(c) is attracted, to proceed to determine the “value” in accordance with the terms of the third proviso.

which, in no case, be described as “turnover” and be part of “total turnover”. The High Court took the view that the word ‘assignment’ in the section included ‘appointment’ and as such the appointment in question was void. Against such declaration in the Official Gazette, appeal is provided to the Tribunal provided it is filed within 30 days. 1 Contract Price shall be adjusted for increase or decrease in rates and prices of labour, materials, fuels and lubricants in accordance with the following principles and procedures and as per the formula given in simply just click the up coming page the following post – Look At This, contract data: The fourth point turns on the construction of the terms of the agreement entered into between the parties on September 15, 1954.

” 42 330 The managing director of a private company, empowered by the terms of the agreement between him and the company website and the articles thereof to appoint, by deed or by will, any person to be the managing director in his place and stead, died leaving a will whereby he appointed one of the appellants the managing director in his place from the date of his death. In Madan Mohan Singh’s case (1), on appeal by special leave, this Court said that the High Court ‘had not kept the rules and principles of administration of criminal justice clearly before it and that therefore the judgment was vitiated by non-advertence to and misapprehension of various material facts transpiring in evidence and the consequent failure to give true weight and consideration to the findings upon which the trial court based its decision’.

There the Sessions Court expressed that there was clearly reasonable doubt in respect of the guilt of the accused on the evidence put before it. This observation was made in connection with a High Court’s judgment which had not taken into consideration the different detailed reasons given by the Sessions Judge. Gupta, the learned senior counsel, appearing for the Revenue, on the other hand, supported the view taken by the High Court. A structure shall mean all the dwelling areas of all persons who were enumerated as living in that one numbered house in the electoral roll of the latest date, upto 1st January, 1995 and regardless of the number of persons, or location of rooms or access.

He also specifically referred to the conclusion arrived at by the Tribunal in support of his plea that in the instance case, formula sought to be involved would not apply.

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25 and 26 of the Constitution, as the provisions of the Act relating to the power of the Board to alter the budget and to give directions to the trustee are subject to restrictions, namely, that they must be for the proper administration of the religious trust ; and, further, none of the provisions interfere with ” matters of religion ” including practices which a religious denomination regards as part of its religion.

An appeal against that order has to be filed before the Commissioner (Appeals) under Section 128. (3) that the Act does not contravene Arts. The fact that the uncertain and fluctuating body of persons is a section of the public following as particular religious faith or is only a sect of persons of a certain religious persuasion would not make any difference in the matter and would not make the trust a ‘private trust. 32, for the enforcement of his right, will be to deny him the benefit of a salutary constitutional remedy which is itself his fundamental right.

Tushar Mehta, learned Additional Solicitor General defended the constitutionality of Section 66A. 4 Bank (which is the Negotiating/Beneficiary Bank) is in active collusion with the Defendant Nos. The legislature has not directly over-ruled the decision of any court but has only rendered, as has been stated above, such decision ineffective by removing the basis on which the decision was arrived at. (supra) and the passage from the American Judgment (supra) become meaningful.

In those circumstances, the views expressed in the D. By virtue of Section 129-A, CEGAT has no jurisdiction to entertain such an appeal. As a result of which, the concerned workmen who were engaged through contractors and those who were members of the Co-operative Society became employees of the Corporation on temporary basis. The essential distinction in Hindu law between religious endowments which are public and those which are private is that in a public trust the beneficial interest is vested in an uncertain and fluctuating body of persons, either the public at large or some considerable portion of it answering a particular description ; in a private trust the beneficiaries are definite see this (related webpage) and ascertained individuals or who within a time can be definitely ascertained.

226, of the Constitution challenging the validity of the Bombay Sales Tax Act, 1952, which came into force on November 1, 1952. 445/- per month to security guards and Rs. The Court will, therefore, interfere with the legislative process only when a statute is clearly violative of the rights conferred on the citizen under Part-III of the Constitution. On facts, the judicial decision in Cardoza’s case has been rendered ineffective by enacting a valid law on a topic within the legislative field which fundamentally alters or changes the character of legislation retrospectively.

Further, the Court would so construe a statute to make it workable and in doing so can read into it or read down the provisions that are impugned. United Motors (India) Limited (1) the petitioners applied to the High Court on November 3, 1952 under Art. The process involved in the manufacture of sweetened betel nut pieces does not result in the manufacture of a new product as just click the up coming page end product continues to retain its original character though in a modified form.

In our view, the process of manufacture employed by the appellant- company did not change the nature of the end product, which in the words of the Tribunal, was that in the end product the `betel nut remains a betel nut’. The Constitution does not impose impossible standards of determining validity. The said observation of the Tribunal depicts the explanation (Going On this site) status of the product prior to manufacture and thereafter. The decision taken by the Collector was not taken in his capacity as Collector (Appeals).

The changed or altered conditions are such that the previous decision would not have been rendered by the court if those conditions had existed at the time of declaring the law as invalid. Mere possibility of abuse of a provision cannot be a ground to declare a provision invalid. 675/- per month to security supervisors. There is a presumption in favour of the constitutionality of an enactment. Thereafter, since the induction of the CISF personnel into security posts of the Corporation was still awaiting sanction from the Central Government, the Corporation issued memorandum of appointment directly to each one of the concerned workmen appointing them in the posts of ‘Watch and Ward Security’ on term basis from 13.

The concerned workmen were paid a monthly salary of approximately Rs. He argued that the legislature is in the best position to understand and appreciate the needs of the people. As pointed out by us, both the views are possible and the Board was well within its rights in holding that the public interest would be served if the permit was given to the fourth respondent, in the circumstances of the case. (At para 17) “That it is also pertinent to mention herein that the Plaintiffs apprehend that the Defendant No.

After completion of the above mentioned term, the concerned workmen were continued by the Corporation in their respective posts as a stop gap measure without formal written orders. In the State of Bombay v. 1988 and also on the condition that the ‘Certified Standing Orders for Contingent Employees of the Oil and Natural Gas Commission’ (for short ‘the Certified Standing Orders’) will not apply to them. The decisions of this Court do not compel us to do so. Also the order by which respondent is aggrieved is the order passed by the Superintendent.

The observation that manufacture implies made a post change, but every change of not manufacture and yet every change of an article is the result of treatment, labour and manipulation is apposite to the situation at hand.

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307/2004 has been filed by the State of Bihar (Now Jharkhand) against the same judgment and order dated 23rd July, 2002. The alternative argument advanced by Mr. These items relate to fixation of grades and scales of pay, whether retrospective effect should be given to the new scales of pay, and bonus for 1951. It is contended that these rules were, unfortunately, not brought to the notice of the High Court and that the decision rendered by the High Court accepting the law laid down in SAIL is incorrect.

Assuming that Parliament in the present case by enacting the Amending Act repugnant to the State law with respect to the same subject-matter i. We are, therefore, saying nothing about those items of the award, which must necessarily stand. 6 of the General Clauses Act reads: 6 of the General Clauses Act of 1897 are directly attracted. If there was a repeal, the provisions of s. The relevant part of s. It was directed only to the Central Road Traffic Board which heard appeals, and this would indicate that it was intended that the Board would follow it in deciding the appeals that were then pending before it.

CCE, (2004) 3 SCC 48, a similar question came before a three Judges Bench of this Court under the Central Excise Act, 1944, when this Court opined as under:- “69. It is not therefore clear that G. It is not disputed that under the proviso to Art. In the case of ITW Signode India Ltd. The submission is that after the decision in SAIL the Government of India issued a notification dated 25th September, 2000 inserting Rule 64B and Rule 64C in the Mineral Concession Rules, 1960 (hereafter MCR) and as a result of this, Run-of-Mine (ROM) minerals, after being processed in the leased area are exigible to royalty on the processed mineral.

Now this is a power which the Central Board of Revenue did possess under sub-s. The finding of fact on the question of jurisdiction would be a jurisdictional fact. Such a jurisdictional question is to be determined having regard to both fact and law involved therein. The Tribunal, in our opinion, committed a manifest error in not determining the said question, particularly, when in the absence of any finding of fact that such short-levy of excise duty related to any positive act on the part of the appellant by way of fraud, collusion, wilful misstatement or suppression of facts, the extended period of limitation could not have a peek at this web-site been invoked and in that view of the matter no show-cause notice in terms of Rule 10 could have been issued.

The relevant portion of the sub-section is as follows:- S. The other items of the award relating to City compensatory allowance, leave, holidays, etc. We have already stated that the only points which survive for decision are those relating to items 1(a), 1(b) and 4 of the terms of reference. As to which Income-tax Officer was to deal with that case was for the Commissioner of Incometax to designate. The question of limitation involves a question of jurisdiction. It may be made clear, however, at this stage that one of the points taken before the Industrial Tribunal on behalf-of the Lipton, Ltd.

2006, passed by the High Court of Judicature at Allahabad, in Civil Misc. 15 of the Bombay Hotel and Lodging Rates Control Act, 1947, applies to contracts also as they would fall under the provisions of the law relating to contracts; 254(2), the Parliament can repeal the law made by the Legislature of a State and that Parliament can repeal the repugnant State law whether directly or by necessary implication. 2588 of 1998, whereby the High Court has upheld and modified the Award passed by the Industrial Tribunal dated 24.

” In the present case there are more than one Commissioner of Income-tax in Bengal and the Central Board of Revenue assigned certain cases including the case of the appellant to the Commissioner of Income-tax (Central) at Calcutta for the exercise of his functions as Commissioner. We now turn to the other two appeals, namely, Civil Appeals 713 and 714 of 1957. Naunit Lal may now be considered. This point of jurisdiction was decided against the appellant and the Industrial Tribunal pointed out that all the workmen of the Delhi office, whether they worked in Delhi or not, received their salaries from the Delhi office; Held : (1) that the non-obstante clause ” Notwithstanding anything contained in any law ” in s.

Sub-section (2) of this section gives power to the Central Government to appoint as many Commis- sioner’s of Income-tax as it thinks fit and they have to perform their functions in respect of different areas, persons and bases or classes thereof. , was that the Industrial Tribunal had no jurisdiction to make an award in respect of employees of the Delhi office who were employed outside-the State of Delhi. 1037, was not intended to be applied to pending appeals.

Section 5 although headed I Income-tax authorities’ also gives to the Central Board of weblink (content) Revenue and the Commissioners of Income-tax certain powers in regard to withdrawing of cases from one area into other and from one Income-tax Officer to another. , have not been challenged before us. , nationalization of road transport, impliedly repealed the State law, would it have the effect of effacing the scheme already made ? Full Post, Highly recommended Resource site, 1997 in Adjudication Case No.

This appeal has been filed against the impugned judgment and final order dated 18. 5(2) ” The Central Government may appoint as many Commissioners of Income-tax as it thinks fit and they shall perform their functions in respect of such areas or of such persons or classes of persons or of such incomes or classes of incomes or of such cases or classes of cases as the Central Board of Revenue may direct.

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9940 of 2001 and dated 10th December, 2004 in Civil Miscellaneous Writ Petition No. The Special Judge by the order dated 30. In both the matters, the question involved is whether the writ petitioner is entitled to count his service as Assistant Engineer from 12th June, 1985, the date of his initial appointment on an ‘ad hoc’ basis, for purposes of seniority or his service will be counted only from 14th December, 1989, the date on which approval to his appointment was given by the State Government under the provisions of the Uttar Pradesh Regularisation of Ad hoc Appointments (on posts within the purview of the Public Service Commission) Rules, 1979 (“1979 Rules”) as amended on 7th August, 1989 by the Uttar Pradesh Regularisation of Ad Hoc Appointments (on posts within the purview of the Public Service Commission) (Second Amendment) Rules, 1989 (“1989” Rules).

The appeals arising out of SLP (Crl. 464 of 2011 was the order of the Special Judge after the order of remand passed by the Division Bench dated 19. For private lands, the concerned Deputy Collector (Encroachment) has been appointed as the Competent Authority. 11542 of 2003 passed by the High Court of Judicature at Allahabad. These appeals have been preferred against judgment and order dated 13th February, 2003 in Civil Miscellaneous Writ Petition No.

Special Leave Petition (Civil) No. 2009 reveals, that the acceptance of bid documents by the applicant would constitute a concluded contract between the parties. 556 of 2011 dated 9th November 2011 by the learned Single Judge of the Bombay High Court. Prasad Shrikant Purohit challenging the common order passed in Criminal Bail Application No. 333 of 2011 as well as Criminal Application No. 2010 rejected the appellant’s application for bail. There cannot be the least doubt that this is a very substantial benefit to those members who found it worth their while to engage the services of Authorized Assistants.

8330 of 2005 has been filed by Narendra Kumar Tripathi (“the writ petitioner”) employed as engineer with the Department of Minor Irrigation, Rural Engineering in Continued (get redirected here) the State of Uttar Pradesh. The defendant claimed that it had been very reasonable in fixing the enhanced rent and it further claimed the right of withdrawing the offer of Rs. It is not in dispute that for its own lands the Bombay Municipal Corporation has been appointed as the Competent Authority under Section 3 of the 1971 Act.

Radhakrishnan, learned senior counsel appearing for the respondents, on the other hand, defended the judgment by adopting the reasoning given by the High Court sustaining the validity of the impugned provision. In the case of appellant herein, the challenge made in Criminal Application No. The learned Single Judge after detailed discussion, dismissed the Criminal Bail Application No. We need not refer to the other preliminary issues on which the learned Subordinate Judge gave his decision, because those issues no longer survive.

A member is not obliged, as indicated above, to have such an Assistant, but the fact that he chooses to have such an Assistant on payment of the prescribed fee or subscription, itself, is proof positive that a businessman, who ordinarily thinks in terms of money, has found it worth-while to have the services of an Assistant by making an additional payment to the Association by way of recompense for the benefit, thus conferred upon him nComing next to the sum of Rs.

21-14-0 and of making a fresh demand at a much higher rent if the lessees did not agree to the terms originally proposed by the defendant. 464 of 2011 by the order impugned in these appeals. 464 of 2011 along with Criminal Application No. On the disposal of the aforesaid preliminary issue, the plaint was amended and some more lessees were added, the 30 years’ period of whose leases had also expired ; therefore the position was that the plaintiffs were those lessees, the 30 years’ period of whose leases had expired and as respects the renewal of whose leases the defendant had proposed an enhancement of Rs.

The additional reading – Highly recommended Website – defendant further denied that the offer of Rs. 15,687 which was realised from the members by way of subscription in respect of their Authorized Assistants, it is clear that visit this link sum consists of the contributions severally made by the members periodically, so as go to website continue to have the benefit conferred by the Association of having the use of their representative or agent even during their absence. There can be no doubt whatsoever, that the submissions advanced by the learned counsel for the applicant deserve acceptance, even though the terms and conditions, especially clause 26 of the notice inviting tender dated 17.

333 of 2011 with Criminal Application No. By the said order the learned Judge allowed the Criminal Application No. 9370-71/2011 have also been preferred by the very same appellant, namely, Lt. 7, that is, twice the original rent, made by the lessees was a reasonable and fair enhancement. 18683 of 2004 has been filed by the Minor Irrigation Department of State of Uttar Pradesh (“the Department”) and SLP (Civil) No.

556 of 2011 filed by Ajay Ekanath Rahirkar by granting him bail by imposing certain conditions.

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What we find is that a different formula was worked out for awarding profit bonus linked with production on the basis that there were profits; but when the formula is worked mouse click the next web site (click through the up coming website page) for each mill the bonus would differ from mill to mill according to its production. Obvious answer to try this site question would be in the negative. (a) of the section, the order renewing or granting a permit cannot be set aside unless the case was such that an appeal under el. The State of Uttar Pradesh, [1954] INSC 1; [1954] S.

The word ” functions ” is defined in the dictionary to mean ” activities appropriate to any business”‘ and if that is substituted in the proviso to s. Salisbury House Estate Ltd. (1) India, that is Bharat, shall be a Union of States Just as Part 11 deals with the topic of citizenship, Part 1 deals 37 286 with the territory of India. consist wholly or mainly in the holding Of investments or other property “. The present appeal has been filed in pursuance of that certificate. “In addition to the generous allowances, the payment of this sum appears to us a payment made in order to dissipate the profits.

2(5) it would read ” where the activities appropriate to any business. did not require the assessees to “pass on” the commission to their employees, they concluded that the expenditure alleged to have been incurred was not reasonable and necessary within the meaning of r. The Bihar State Board of Religious Trusts (one of the respondents before us) was constituted under this Act to discharge in regard to religious trusts other than Jain religious trusts the functions assigned to it under the several provisions of the Act.

It is not a trading receipt in the case of banking company. In the case of hotel proprietors it has been held that compensation paid by the Crown for requisitioning, during the war, of hotel premises is not its trading profits. Dwarka Prasad Laxmi Narain v. Row, [1952] INSC 19; [1952] S. Court of Wards, Ajmer, [1953] INSC 43; [1953] S. (a) wholly infructuous in those cases where no relief can be given in the appeal except by setting aside the order granting or renewing a permit, for example, where there was only one permit to grant as in the present case.

Such an interpretation has to be rejected. 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation, and in order to pass the test of permissible classification, two conditions must be fulfilled, namely, (1) that the classification must be founded on an intelligible differentia which distinguished persons or things that are grouped together from others left out of the group and (2) that that differentia must have a rational relation to the object sought to be achieved by the statute in question.

That is what exactly the Full Bench formula also has done, for it is the same formula which applies to all industrial concerns all over the country now after the decision of this Court. The ratio of the decision was thus expressed by Lord Selborne: Narasingh Chandra Daw and Co. Further, we find that in the Uttar Pradesh case there were certain exemptions granted to certain factories, presumably on the ground that they were not in a position to pay bonus for want of sufficient profits.

9 and there is nothing to indicate in the definition of the word ” business ” as given in the main portion of s. 133 of the Constitution. These awards related to sugar industry in Uttar Pradesh and in Bihar. It is well settled that while Art. The appellants then applied for and obtained a certificate from click the up coming internet site through the following web page (related resource site) High Court that the case fulfilled the requirements of Art. 1 deals with the name and territory Of India.

On November 14, 1952, this Board, in exercise of the powers conferred on it under s. Those decisions, in our opinion, are not in point, as they related to different problems altogether. As we read these decisions, we do not find real industry-cumregion approach which would result in uniform bonus for all the mills dealt with by these two awards. 2(5) of the Act that it has a different complexion there. nPart 1 of the Constitution deals with the Union and its territories, and in a sense its provisions set out a self- contained code in respect of the said topic.

” Observing that the assessees having no sub-distributors, the direction given by the I. Under the Income-tax Act it falls under s. So to hold would result in making the right of appeal given by cl. So read, can it be said that the activities appropriate to the business of a banking company consists wholly or mainly in the holding of a multi-storeyed building or such other property for the purpose of letting out the unused portion on hire.

It is true that in the Bihar case it was said that the question of bonus could be considered on industry-wise and not on unit wise basis, but that only meant that one formula was evolved for the whole of Bihar and applied to every mill in that area. It is manifest that rents received from the multi-storeyed property are not income received from a ” business ” within the Act. 59 of the Act, asked the appellant to furnish to the Board a return of the income and expenditure of the asthol.

We are unable to agree that in an appeal which is competent under cl. In Sirdar Gurdyal Singh’s case (4) a Faridkote court passed an ex parte money decree against a defendant who had been a treasurer of Faridkode, but who at the time of suit had ceased to be such and was resident in Jhind of which State he was a domiciled subject; it was held that the decree was a nullity by international law. Lachmidas (2); and (4) Maharaj Kishore Khanna v.

597, Thakur Raghubir Singh v. It would be sufficient to say that including the commission alleged 10 74 to have been paid, the total emoluments would be something like 1200% and in some cases even more than the basic annual salary. (f) would have also been competent. There is no doubt in our mind, that this was wholly unnecessary for business purposes. (1); (3) Madangopal Bagla v.

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He would not make the payment unless he found it worth his while to do so Apparently, such a member is interested in placing the stocks of that company on the market. All that that press note said was that prices had risen even before June 27, 1958, in expectation of a large export quota. Reading thereof amply demonstrates that it is to be cooked in the same form as any other rice is to be cooked. The process of cooking is even mentioned on the pouch which contains cooking instructions. (emphasis is mine) A perusal of clause 8.

Thereafter, the Government were assured by the industry that prices would not rise further after June 27 ; but this assurance was not kept and prices went up further by one rupee per maund by the end of July. Clause 5 of the Order lays down the factors which have to be taken into consideration in fixing prices. When we apply the aforesaid principle to the facts of this case, it is clear that mere addition of dehydrated vegetables and certain spices to the raw rice, would not make it a different product.

It was in these circumstances that the Government intervened. This was kept in mind when prices were fixed by the impugned notification. These factors include among other things a reasonable margin of profit for the producer and/or trade and any incidental charges. Its primary and essential character still remains the same as it is continued to be known in the market as rice and is sold as rice only. There was, however, no commitment in this press note by the Government that if they intervened they would fix prices at what they were either in the week before June 27 1958, or in the last week of May; nor is there anything in the press note to suggest that the 133 prices prevalent on either of these two days were proper prices and that any price below them would not even meet the cost of production.

It cannot, therefore, be denied that that sum of money is definitely related to the specific services performed by the Association, namely, to permit transactions in respect of the shares of the company concerned, which services would not otherwise be available to the members as a body or to the individual member or members interested in that company 16,000 represents fees received from members for allowing their application for enlisting the names of companies not already on the Quotations List, so that the shares and stocks of these companies, may be placed on the Stock Market.

In Hemanta Kumari Debi’s case (1) a petition setting out the terms of an agreement in compromise of a suit stated as one of the (1) (1919) L. 0 Kindly acknowledge this Notification of Award immediately. Midnapur Zamindari Co. (1) the Privy Council has held that ” an agreement to lease, which a lease is by the sta- tute declared click the up coming internet site to find out more (Our Home Page) include, must be a document which effects an actual demise and operates as a lease “. 0 of the ‘notification of award’, extracted hereinabove, reveals, that M/s Daelim Industrial Company Limited, Korea, was required to sign a formal contract with OpaL within 30 days, from the date of issue of ‘notification of award’.

As already indicated, it is not the company concerned which has directly to pay this fee, but the fee has to 470 be paid by the member who initiates the proposal and, apparently, finds it worth his while to pay that prescribed fee to the Association. In other words, an agreement between two parties which entitles one of them merely to claim the execution of a lease from the other without creating a present and immediate demise in his favour is not included under s.

When they eventually decided to intervene look at here the end of July, they were free to take action under the Act and the Order and so long as the prices fixed were in accordance therewith, the action could not be challenged on the ground that it was an unreasonable restriction on the right to carry on trade under Art. XXV of 1934), an Act passed by the legislature of the United Provinces, now called the Uttar Pradesh. Although there is no specific provision to deal with noise pollution, the Act confers powers on Government of India to take measures to deal with various types of pollution including noise pollution.

The press, note had nothing to do with the cost of production; nor were the Government bound to fix the prices at the level of the end of June or the end of May. Therefore, we do not agree with the CEGAT that there is a transformation into a new commodity, commercially known as distinct and separate commodity. A perusal of the same clause, further leads to the inference, that the ‘notification of award’ would constitute a binding contract between the applicant and the non-applicant, and that, the terms and conditions expressed in the bidding documents, would also constitute the conditions of the contract.

nLastly, the sum of Rs. Further, this rice, again, remains in raw form and in order to make it edible, it has to be cooked like any other cereal. The questions that arise in this appeal largely turn on the provisions of that Act and they have therefore to be referred to. We must say that this is a complete misunderstanding of the press note of July 30, 1958. The Environment (Protection) Act, 1986.