” He added that he admitted that he was one of the Managing Directors of the Company before its liquidation, but with the order for liquidation, he ceased to function as such. In this case, the assessment admittedly had not earned any profits from the export of the Marine products. The third essential ingredient, for a valid application of clause (b) to the second proviso under Article 311(2) of the Constitution of India, is that, the competent authority must record, the reasons of the above satisfaction in writing.
According to them, the declared object of the Act is to earn foreign exchange. The questions that have been raised in these petitions are many, but they can be grouped under two heads, viz. , the vires of the legislation and the propriety of the action taken under it. The deduction permissible under Section 80HHC is only a deduction of the profits of the assessee from the export of the goods or merchandise.
The courts below have held that the tenancy by the letter of June 7,1948, was a new tenancy and not a continuation of the old and that the sub-tenants were tenants of the appellant and not licensees of the respondent and in this Court no serious argument was addressed on these points. 14 of the Constitution. The Article also declares that the decision of the Governor shall be final. , the supervening disqualifications acquired subsequent to the election of a person to the Legislature Dealing with the scope of Article 192, this Court concluded that the authority of the Governor to examine the question of disqualification extended only to the 2nd of the above-mentioned two categories of disqualification i.
Article 192 stipulates that if any question arises as to whether a member of the Legislature of a State “has become subject to any disqualification” mentioned Anticipatory Bail Lawyer in Chandigarh clause 1 of Article 191, such a question is required to be referred to the decision of the Governor. There “,as no privity between the respondent and the sub-tenants of the appellant and they could not be termed his licensees. No employee has a right to promotion but he has only the right to be considered for promotion Top Lawyer in Chandigarh according to rules.
Take an illustration that the Promotion Regulations envisage maintaining integrity and good record by Dy. There was no substance Top Lawyer in Chandigarh in the argument that as a result of his proclamation issued on March 5, 1948, which replaced the emergency administration by a popular interim Government headed by Sheik Mohammad Abdullah and constituted a Council of Ministers who were to function as a cabinet, the Maharaja became a constitutional monarch. On the other hand, it had suffered a loss.
This argument is based on Top Lawyer in Chandigarh alleged discrimination and on Art. They contend that if foreign exchange is so urgently needed, there should have been uniform legislation compelling other sugar manufacturers, who do not manufacture by the vacuum pan process, also to export sugar. Decision on questions as to disqualifications of members- (1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final Sub Article (2) obligates the Governor to obtain the opinion of the Election Commission before giving any decision.
By the very terms of Section 80HHC, it is clear that the assessee was not entitled to any benefit thereunder Best Solicitors in Chandigarh High Court the absence of any profits. The cabinet had still to function Top Lawyer in Chandigarh under the Constitution Act 14 of 1996 (1939) under the overriding powers of the Maharaja. that having purchased the business free from any encum- brances, he was Top Lawyer in Chandigarh not liable for the dues of the workmen, as claimed; that be ” had unnecessarily been made a party and dragged here before the Tribunal. Criminal Appeal law firm in Chandigarh addition to the reservation set out in paragraph 5 of this Response, Respondent denies that the provisions of the Indian Arbitration and Conciliation Act, 1996 should apply to this arbitration or that the Chief Justice of India (or any person or institution designated by him) has the authority to appoint the third and presiding arbitrator if any agreement cannot be reached between the party-appointed arbitrators.
In regard to the vires of the Act, the petitioners draw attention to the statement of objects and reasons, incorporated in one of the affidavits in the case. The previous tenancy was of a different building called I Fida Ali Villa’ which came to an end when the appellant vacated those premises and entered into a new agreement of lease in regard to the premises in dispute. The argument about the vires challenges the Act as a whole and also clause by clause. Chances of promotion are not conditions of service and are defeasible.
These contentions are without substance and have rightly been rejected. Top Lawyer in Chandigarh the present case, there is no serious dispute on this issue, because the reasons for the satisfaction have been recorded by the competent authority in the impugned order (dated 1. Article 192 reads as follows:- “Article 192.