If no settlement is arrived at, the conciliation officer has to make a report to the appropriate government, as provided in sub-s. , who delivered the judgment of the Court said: The next decision is that of Venkataratnam discuss v. It deals with the construction NRI Legal Services of clauses (ii) and NRI Legal Services (iii) of s. As enunciated by learned counsel for NRI Legal Services the petitioners, NRI Legal Services if there is a territorial nexus between the person sought to be charged and the State seeking to tax him the (1) [1955] 2 S.
16 of the amending Act with particular reference to the view expressed in certain earlier cases of the same High Court with regard to cl. 1247 him, had shut out all discussion on the question and procured a resolution for the dismissal of the appellant, and that because of such malicious and wrongful barring of discussion, the resolution was NRI Legal Services wrongful. The view expressed in the earlier cases, to which the learned Judges who decided the case out of which the present appeal has arisen were parties, was that el.
n” The doctrine of territorial nexus is well established and there is no dispute as to the principles. The Full Bench did not accept that view as correct. State of Haryana (2008) 2 SCC 246 and Akram Khan v. He further submitted that such a ban on importation of palm oil through the ports of Kerala would bring no succour to the coconut oil prices. To that extent the matter is covered by the decision in Chhotabhai Jethabhai Patel [1955] 2 S.
State of Karnataka (2004) 8 SCC 95; Suman Sood @ Kamal Jeet Kaur v. It was lastly argued that courts must show deference to parliamentary wisdom underlying a legislation and as far as possible avoid interference with the quantum of sentence prescribed by law unless of course the same was so outrageously brutal, barbaric or disproportionate as to be unacceptable by any civilised society. Section 12 which deals with the duties of the conciliation officer, provides in substance that the conciliation officer should try his best to bring about settlement between the parties.
There is another consideration which is relevant in dealing with this question. 16 had no application to proceedings in which the decrees and orders had become final before January 25, 1949. , consumers would also be adversely effected and, therefore, the decision was not in public interest. Thus, he argued that there was no rational nexus between the two and no intelligible differentia could be deciphered between the two thereby rendering the decision arbitrary and bringing the decision within the mischief of Article 14.
5,000 shall be liable to pay tax under the said Act on sales effected after the said date “. Naphade, however, argued that this material does not provide any rationale for curbing the import through the ports in Kerala. He also submitted that the interest of the consumers was equally important and if the prices of the palm oil are increased upwardly because of increase in transportation cost etc. State of Rajasthan (2007) 5 SCC 634; Vinod v.
Act, 1947 (Orissa Act XIV of 1947), as applied to Orissa States, the Government of Orissa are pleased to 68 534 appoint the 31st March, 1949, as the date with effect from which every dealer whose gross turnover during the year ending the 31st March, 1949, exceeded Rs. He submitted that the appellants in support of this argument of discrimination, referred to the judgment of Calcutta High Court in Kalindi Woolen Mills (P) Ltd.
That not being the case at hand, there was no compelling need for this Court to interfere, argued the learned Counsel. It was not the appellant’s case before the arbitrator that the dismissal was ultra vires the statute or otherwise a nullity. He further submitted that in the counter affidavit filed by the Union of India, the figures shown in para 6 of the writ petition were not countered by the said respondents. nIn my opinion, the document only confers a right to enter on the lands in order to cut down certain kinds of trees and carry away the wood.
Firstly, when a product contains pharmaceutical ingredients that have therapeutic or prophylactic or curative properties, the proportion of such ingredients is NRI Legal Services not invariably decisive. What is of importance is the curative attributes of such ingredients that render the product a medicament and not a cosmetic. His submission was that by imposing ban on importation of palm oil through the ports of Kerala alone, no such purpose, as manifested, was going to be achieved.
” In exercise of the powers conferred by sub-section (1) of section 4 of the Orissa Sales Tax. State of West Bengal (2012) 1 SCC 406, in which too life sentence was awarded even when the victim was released unharmed. We also find that this point was not advanced in the courts below. In support of this submission, he referred to the pleadings in para 6 of the writ petition tabulating the prices of coconut oil and palm oil respectively from time to time with endeavour to point out that there is nothing common as far as prices of the two products are concerned.
Sesharma (2), which is also a Full Bench decision of the Madras High Court. Union of India[1] but the High Court rejected it without suitably dealing with the same.