If an employee is called a cut– looker by any mill he would naturally fall under cl. The Act thus proposes to impose a liability on land-holders to pay a tax which is not to be levied on a judicial basis, because (1) the procedure to be adopted does not require a notice to be given to the proposed assessee; (2) there is no procedure for rectification of mistakes committed by the Assessing Authority; (3) there is no procedure prescribed law firm in Chandigarh for obtaining the opinion of a superior Civil Court on questions of law, best Chandigarh legal services as is generally found in all taxing statutes, and (4) no duty is cast upon the Assessing Authority to act judicially in the matter of assessment proceedings.
The Act being silent as to the machinery and procedure to be followed in making the assessment leaves it to the Executive to evolve the requisite machinery and procedure. An employee designated as a cut-looker can apply under s. It is unclear whether the Chief Justice of the Karnataka High Court was consulted only about the appointment of Mr. Ordinarily, a taxing statute lays down a regular machinery for making assessment of the tax proposed to be imposed by the statute.
Though the Act was passed about five years ago, we were informed at the Bar that survey proceedings had not even commenced. 15 of the Act his application would be competent. 15 but must go to the industrial court under the ordinary industrial law. Anbazhagan had any grievance with the order passed on 29th September, 2014 by the Principal Secretary to the Government of Tamil Nadu authorizing the Directorate of Vigilance and Anti-Corruption, Chennai to engage the services of Mr.
, said:- ” Besides, there is still further reason why the trustees should not be estopped ; for this is a public Act of Parliament, and the Courts are bound to take notice that the trustees under this Act had no power to mortgage the toll- houses. Bhavani Singh to appear in the criminal appeals pending in the High Court. 5 of the agreement; and if a person bearing that designation applied under s. Bhavani Singh relied upon Section 301(1) of the Code which he interpreted to mean that no fresh order or authorization was necessary to enable or entitle Mr.
Bhavani Singh as a Special Public Prosecutor or whether he was consulted about the appointment of Mr. Learned counsel appearing on behalf of Mr. It was also submitted that if Mr. 5 would be entitled to, the benefit of the said clause and would not be governed by the Award. This deed therefore cannot operate in direct opposition to an Act of Parliament, which negatives the estoppel “. Again, the Act does not impose an obligation on the Government best Chandigarh law firms to undertake survey proceedings within any prescribed or ascertainable period, with the result that a land-holder may be subjected to repeated annual law firms in Chandigarh provisional assessments on more or less conjectural basis and liable to pay the tax thus assessed.
Nor is there any right of appeal provided to such assessees as may feel aggrieved by the order of assessment. 15 because advocates Chandigarh the authority cannot deal with the question as to whether the said employee properly falls under the said category or not. It is common ground that both the Award and the agreement are in operation in respect of the persons governed respectively by them, so that it is not disputed by the appellant that the persons who are specified by their designation under cl.
Bhavani Singh as a Special Counsel as well. 15 and obtain relief from the authority; an employee law firms in Chandigarh not so designated but falling under the said category by virtue of the work assigned to him, it is said, cannot apply under s. The appellant’s argument, however, is that when the last part of el. If reliance by learned counsel for the accused persons is now solely on the appointment of Mr. These arrests were made after observing necessary legal formalities. It lays down detailed procedure as to notice to the proposed assessee to make a return in respect of property proposed to be taxed, prescribes the authority and the procedure for hearing any objections to the liability for taxation or as to the extent of the tax proposed to be levied, and finally, as to the right to challenge the regularity of assessment made, by recourse to proceedings in a higher Civil Court.
233 whereas the respondent Union contends that they are governed by cl. Bhavani Singh as a Special Counsel, then relying upon his appointment as such would fly in the face of the directions given by this court for the appointment of a Public Prosecutor. Unless the facts are clear in this regard it is difficult to come to any conclusion on this submission. Bhavani Singh, Special Public Prosecutor, then he should have challenged it.
Bhavani Singh as a Special Counsel are not available on record. Thus the controversy between the parties lies within a very narrow compass. Gilbert(4) Ashurst, J. Since he has not challenged that order, it continues to remain legal operative. 5; in other words, all the specified categories of employees named by designation in that clause would not be governed by the Award though at one stage they were treated as operatives but they would be governed by cl.
2013, three crew members on the vessel described as A-4 A-6 and A-37 were arrested whereas other two, A-3 and A-5, were allowed to remain in vessel for doing maintenance work on their request. 3 of the Madras Revenue Recovery Act, 1864, the land-holders may be liable to pay the tax. 5 refers to other employees “who have not been included above but who can properly fall under the above category” no designation is attached to that class, and in such a case it would be necessary to enquire whether a particular employee can properly fall under the said category, and that, it is urged, means that such an employee cannot apply under s.
” Notwithstanding anything contained in this Act (but subject to the provisions of section 15), a landlord shall be entitled to recover possession of any premises if the Court is satisfied (e) that the tenant has, since the coming into operation of this Act, sub-let the whole or part of the premises or assigned or transferred in any other manner his interest therein ; “. 5 of the subsequent agreement. The Act merely declares the competence of the Government to make 94 a provisional assessment, and by virtue of s.
The whole thing, from beginning to end, is treated as of a purely administrative character, completely ignoring the top Chandigarh legal position that the assessment of a tax on person or property is at least of a quasi-judicial character.