Rohatgi and the 325 rest to the remuneration due to the services of the assessee family. These are formal contracts made in the exercise of the Executive power of the Union (or of a State, as the case may be) and are made on behalf of the President (or by the Governor, as the case may be). Even the doctrine of fairness and reasonableness applies only in the exercise of statutory or administrative actions of the State and not in the exercise of contractual obligation and issues arising out of contractual matters are to be decided on the basis of law of contract and not on the basis of the administrative law.
To dilate upon the aforesaid proposition further, we take along third facet of this issue as, to some extent, they are over-lapping. Whether, in such a case, can the Court issue a Mandamus? Fact remains that even when MoPNG requested MoF for giving consent to amend the contract, no such authorisation came from MoF. When it is signed by the other party it means that it has the approval of both the parties. even in the absence of a contract according to the requirements of Article 299 of the Constitution, doctrine of promissory estoppel can still Our Web Site (similar internet site) be invoked against the Government.
The want of jurisdiction may arise from the nature of the subject-matter of the proceeding or from the absence of some preliminary proceeding or the court itself may not be legally constituted or suffer from certain disability by reason of extraneous circumstances, vide ˜Halsbury, 2nd edition, Vol. This article contemplates the division of the States into territorial constituencies and it provides for the election of 500 members from these constituencies to the House of the People.
The High Court in deciding that the Agricultural Income-tax Officer had jurisdiction to revise his earlier assessment referred to the opening words of s. 26, namely, ” for any reason ” and observed that it was 43 338 not necessary to give a restricted meaning to the word “escaped “, and that if an item of income was not charged to tax due to a mistake or oversight on the part of the taxing authorities, that item could well come within the term ” escaped “. 331 the House of the People shall consist inter alia of not more than 500 members chosen by direct election from territorial constituencies in the States.
Further, these contracts are to be made by such persons and in such a manner as the President or the Governor may direct or authorize. No doubt, there is an exception to this principle, viz. However, no such case is pleaded by the appellant. It is further mentioned that these are not contemporaneous letters written at the time when PSCs were signed. The Tribunal, therefore, apportioned the amount received between the two categories of remuneration and allocated Rs.
˜Certiorari may lie and is generally granted when a court has acted without or in excess of its jurisdiction. 30,000 computed at the rate of Rs. Article 81 (1) provides that subject to the provisions of Art. Therefore, a contracting party cannot claim to be oblivious of the provisions of the law or the contents of the contract at the time of signing and, therefore, later on cannot seek retrospective amendment as a matter of right when no such right is conferred under the contract.
Article 84 deals with the question of qualification and it provides that a person shall not be qualified to be chosen to fill a seat in the Parliament unless he is (a) a citizen of India, (b) in the case of Read A lot more seat in the House of the People not less than 25 years of age, and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. As noted above, the contention of the respondent is that PSCs are in the nature of a contract agreed to between the two independent contracting parties.
2,500 per month to the personal services of the said B. According to the High Court, the phrase ” escaped assessment ” was not confined to cases where there had been an inadvertent omission, Read Home the Full Report (click through the following post) but in view of the later part of the section “where income . These letters were apparently written on the request of the appellant or NIKO Resources Limited. has been assessed at too low a rate”, included a case where there was a deliberate action.
Let us then refer to the articles that deal with the composition of the House of the People and qualification for membership of Parliament. Thus, when a particular contract is entered into, its novation has to be on fulfillment of all procedural requirements. We would, thus, be dealing with this aspect in some detail. No doubt, under certain situations, even in respect of contract with the State relief can be granted under Article 226.
It is also mentioned that before the signing of the PSCs, the approval of Cabinet is obtained which reflects that the PSC as submitted to the Cabinet has the approval of one of the contracting parties, namely, Government of India in this case. We have to keep in mind that the contract in question is governed by the provisions of Article 299 of the Constitution.