14 and 15 of the Bill. ” 132 1040 The NRI Legal Services aspect of the matter arising out of the two questions is further elaborated thus by learned counsel appearing for the persons or institutions contesting the validity of the Bill: Clause 3 (5) makes all the provisions of the Bill applicable to new schools that may be established after the Bill becomes law. n(1)Nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law or practice in the province at the Union.
Further, according to him, it is clear that the assessment in the present case is only provisional and that being the case, even if the provisions of the Customs Act are made applicable insofar as Anti-dumping duty is concerned, under the Customs Act itself there was no provision for collection of interest for the period in dispute as Section 18 was amended to include such a provision only prospectively with effect from 2006. However, he disputed that Anti-dumping duty was payable at all stating that the appellant was exempt under Notification No.
He is willing to submit to restraints on his freedom, by the acceptance of conditions which the court may think fit to impose, in consideration of the assurance that if arrested, he shall be enlarged on bail. 9, pay the maintenance grant to the manager of one aided school but not to that of another. Clause 3 (5) gives the Government an unguided, uncontrolled and uncanalised power which is capable of being exercised ” NRI Legal Services with an evil NRI Legal Services eye and an unequal hand” and the Government may, at its whim or pleasure, single out any person or institution and subject him or it to hostile and discriminatory treatment.
It is of paramount consideration to remember that the freedom of the individual is as necessary for the survival of the society as it is for the egoistic purposes of the individual. 3 (5) is read with cls. The Court also remarked that a wise exercise of judicial power inevitably takes care of the evil consequences which are likely to flow out of its intemperate use. Captain Jagjit Singh[1961] INSC 270; , AIR 1962 SC 253 : [1961] INSC 270; (1962) 3 SCR 622 : (1962) 1 Cri LJ 216, which, though, was a case under the old Section 498 which corresponds to the present Section 439 of the Code.
457 1081 were maintained with fees paid by students and donation,, nAND WHEREAS a doubt has arisen whether such power is not capable of being exercised in an arbitrary and discriminatory manner. He, therefore, conceded that basic customs duty and the special customs duty as well as special additional duty was payable by the appellant. Also no penalty is imposable inasmuch as nothing contumacious was done by the appellant and the export obligation could not be fulfilled only because of bonafide commercial impossibility.
There is no force in this last mentioned point, for the Legislature, it must be re- membered, knows the needs of its people and is entitled to confine its restriction ‘to those places where the needs are deemed to be the clearest and, therefore, the restrictions imposed in areas of compulsion are quite permissible on the ground of classification on geographical basis. The contents of the aforesaid letters are to be appreciated in the proper context and on the bedrock of authorities, I have referred to hereinabove.
It is contended that nothing has been diverted to the domestic tariff area and sold in that area, and the entire imports made have been used by the appellant captively in its factory for the manufacture of pig iron. Likewise the authorised officer may not, under el. 3 does not lay down any policy or principle upon which the Government may or may not permit any person or body of persons to establish and maintain an aided school or grant recognition to a school established by any person.
Whatever other provisions of the Constitution, such restriction may or may not violate, which will be discussed later, it certainly does not infringe Art. 26 and will have no scholars, for no guardian will be able lawfully to send his ward to a school which is neither a Government school nor a private school and such a new school will not be able to function at all, for it will have no scholar and the question of its charging fees in any class will not arise.
It is pertinent to note that while interpreting the expression may, if it thinks fit occurring in Section 438(1) of the Code, the Court pointed out that it gives discretion to the Court to exercise the power in a particular case or not, and once such a discretion is there merely because the accused is charged with a serious offence may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. The decision in Triveni Glass Limited, 2005 (supra) which has been approved by the Constitution Bench clearly lays down that it is not the physical capability of packing to be returned which is the determining factor but the condition that if the buyer chooses to return the packing, the seller is obliged to accept it and refund the stipulated amount.
30 of 1997 did not stipulate that in the event of default, interest would become payable. He further argued, that in any case Anti-dumping duty could not be added for purposes of computing customs duty, special customs duty and special additional duty. 21, 26 and 28 of the Bill the result will be palpably discriminatory because in an area which is not an area of compulsion a new school which may be established after the Bill 1041 comes into operation and which may not seek recognition or aid can charge fees and yet attract scholars but a new school similarly established in an area of compulsion will be hit directly by cl.
Particular schools or categories of schools in particular areas may be singled out for discriminatory treatment under cls. Shri Lakshmikumaran, learned advocate for the appellant did not dispute before us that the appellant failed in its export obligations and was, therefore, not liable to be exempted so far as customs duty is concerned. The Government may, under cl. A person seeking anticipatory bail is still a free man entitled to the presumption of innocence.
<img src=" NRI Legal Services https://i. NRI Legal Services NRI Legal Services imgur.com/Z8XXJV9.jpg” style=”max-width:420px;float:left;padding:10px 10px 10px 0px;border:0px;”>At the same time, it is also the obligation of the applicant to make out a case for grant of anticipatory bail. On behalf of the petitioner, reliance has been placed on a decision of this Court in S. It is pointed out that cl. Clause 6 does riot say in what circumstances the authorised officer of the Government may or may not give permission to the alienation of the property of an aided school. Medical Council of India & Anr. He further argued that he could not be worse off in an appeal filed only by the appellant herein to CESTAT and that on the assumption that the appellant was liable to pay Anti-dumping duty, they should only pay the said duty at the lower rate prescribed by the Commissioner as Revenue had not appealed to the Tribunal against the Commissioner s order.