That apart, Article 14 has no application or justification to legitimise an illegal and illegitimate action. Heading of Chapter 90 is as follows: Therefore, talks about it would be advisable to refer to the relevant provisions of Note 2 to Chapter 90 as these notes are inserted to guide how the goods are to be classified under this Chapter. To give an example, a building consisting of four storeys belongs to a single owner, the aggregate of all the floors are to be included for calculation of the plinth area and thereby the computation of the luxury tax has to be determined as provided under Section 5A.
It also states that the cost of the construction of the building is to be met by all such persons jointly. It was conceded before the appellate tribunal that a pen-down strike falls within this definition, and this position is not seriously disputed before us either. That apart, they were awaiting the outcome of pending cases. The rational relationship and legal back-up are the [pic]foundations to invoke the doctrine of equality in case of persons similarly situated.
Article 14 proceeds on the premise that a citizen has legal and valid right enforceable at law and persons having similar right and persons similarly circumstanced, cannot be denied of the benefit thereof. If some persons derived benefit by illegality and had escaped from the clutches of law, similar persons cannot plead, nor the court can countenance that benefit had from infraction of law and must be allowed to be retained. Under Clauses 5, 6, 8, 10 and 11, the quantity of the medium grade Bauxite to be supplied by the Recommended Website (check out this site) respondent, the grade of the Bauxite, the specifications, the rate Learn Additional Here Alot Read More At this website Here – check, at which it was to be supplied, the time within which such supply should be effected were all set out which also included a long term agreement for the supply to be entered into.
Such person cannot be discriminated to deny the same benefit. It would thus be clear that the present set-up of the bureaucrats has set new standards to suspend the claims and is trying to legalise the ultra vires actions of Minister and predecessor bureaucrats through the process of law so much so that illegal and ultra vires acts are not allowed to be legitimised nor are to be perpetuated by aid of Article 14.
Such omissions are not really omissions strictly so called and the statement must be deemed to contain them by implication. The doctrine of recital by necessary implication, the concept of the negative or the positive aspect of the same recital, and the ‘principle of inherent repugnancy, may in one sense rest on omissions, but, by construction, the said omissions must be deemed to be part of the statement in writing.
An admission is the best evidence that an opposing party can rely upon, and, although it is not conclusive, is often decisive of the matter unless it can be successfully withdrawn or proved to be erroneous. Soon after the formula was evolved a dispute arose as to whether the industry was entitled to claim rehabilitation for its buildings as well and it was held that ” a claim for rehabilitation for buildings had to (1) (1955) II L.
Provided further that where a person is nominated as a Director of a Company by virtue of his holding any office or employment in the Central Government or State Government or a financial corporation owned or controlled by just click the up coming internet page Central Government or the State Government, as the case may be, he shall not be liable for prosecution under this Chapter. both the statements obviously cannot stand together, for, if the first statement is true, the second is false and vice versa.
Be it noted, the proviso to Section 2(k) clearly stipulates that if a building as referred falls under Explanation II to Section 2(e), the plinth area shall be calculated separately. Is this pen-down strike a strike within s. The Explanation II refers to different apartments or flats owned by different persons. Can one illegality be compounded by permitting similar illegal or illegitimate or ultra vires acts? A statement, therefore, in our view, not only includes what is expressly stated therein, but also what is necessarily implied therefrom.
Answer is obviously no. In 1929 was passed the Hindu Law of Inheritance (Amendment) Act (II of 1929) which inter alia gave to a sister’s -son a place in the order of Mitakshara succession higher than the agnates; The suit was decreed on August 31, 1918, and the alienation was declared to be without legal necessity and not binding on the reversion after the death of Haripriya. 2(q) defines a strike as meaning a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.
2(q) of simply click the up coming website page Act or not? Plinth area as defined clearly provides that when one building has more info than one floor, the aggregate area includes all the floors. The original formula referred to replacement, rehabilitation and modernisation of the plant and machinery.