This Court in 2G Case after elaborate discussion on the nature of the States authority to deal with the natural resources held that spectrum has been internationally accepted as a scarce, finite and renewable natural resource which is susceptible to degradation in case of inefficient utilization. But there is no general power to act this way to the detriment of the Revenue. , on the basis of his and their respective dates of confirmation.
If any of the promotees also satisfied that requirement at any time earlier click here for more info (resources) to the 31st of October 1961, he would be bracketed with the direct recruits under that inquiry [resources] clause and his seniority vis-a-vis those recruits would then be govened by clause (b) of the rule i. Rajendra Narayan Bhanj Deo (1) is necessary, as strong reliance is placed upon it in support of the contention that non- compliance of the mandatory provision of s. Before similar resource site, resources, the High Court, for the first time, a technical objection was taken.
The Court has to satisfy itself that the person against whom action was proposed had a fair chance of convincing the authority that the grounds on which such action was proposed were either non-existent or did not justify it. To give any other interpretation to this proviso will mean that the words ” during any year ” have not received any meaning and that the proviso is interpreted to make it not incumbent on the Income-tax Officer to consider the interests of the Revenue, as required by cl.
The proviso is an enabling one. There can be no absolute standard of reasonableness and what constitutes reasonable opportunity of being heard in the peculiar facts and circumstances of each case is a matter to be decided by the Court. If, on the other hand, none of the promotees can be said to have been appointed substantively in a clear vacancy, clause (a) aforesaid would have no application to them and all direct recruits would rank senior to them. I cannot accept the contention of the learned Additional Solicitor General that even though s.
It has a high economic value in the light of the demand for it on account of the tremendous growth in the telecom sector. So judged, it could not be said that the omission to give the petitioners, in the instant case, who were more concerned to show that the company was not a party to the reference (resources) fraud than that no fraud had at all been committed, further particulars or inspection of the papers amounted to a denial of reasonable opportunity of being heard.
Before closing the discussion, a reference to the decision of the Judicial Committee in Braja Sunder Deb v. 56 would not affect the validity of the compromise decree. It may be that the firm may have made a website (resources) loss in that year or was carrying a loss from the previous years but, if by treating the firm as registered, the Revenue would be benefited, the proviso can be used. 56 is mandatory, the non-compliance of the provisions of the section does not affect the validity of the compromise.
The State of Madras (2) that under the Constitution this Court is constituted the protector and guarantor of fundamental rights and it cannot, consistently with the responsibility so laid upon it, (1) [1950] INSC 13; [1950] S. If, as I have held, the appeal could not be proceeded with without the statutory representative on record, the whole proceeding, including the passing of the compromise, without such representative, was null and void.
This proviso would only be resorted to, when in spite of taking the, losses to the accounts of the partners, more revenue would be available to the State. It has accordingly been held by this Court in Romesh Thappar v. A combined reading of Rule 2 of the Seniority Rules and the definition of the words “appointed on probation” and “Probationer” in Rule 2 of the Probation Rules, makes it clear that the direct recruits were appointed as Assistant 939 Engineers, “substantively in clear vacancies” as envisaged by clause (a) of rule 2 of the Seniority Rules.
It is inconceivable that if the firm was carrying heavy business losses, it would suddenly be treated in a year of assessment as a registered firm, so that its losses might give relief to the partners and not give -revenue to the State. An unregistered firm, treated as such in previous years, may, during any year, be treated as a registered firm provided the Revenue would 999 benefit. There a suit between Raja Rajendra Narayan Bhanj Deo and Raja Braja Sunder Deb, who became the ward of the Court of Wards after the institution of the suit, was compromised.
The compromise petition was put in the Court and a decree was made thereon. The Subordinate Judge decreed the suit in terms of click through the next document (browse this site) compromise and a formal decree dated December, 22, 1922, was drawn and in the cause- title of the decree the manager of the Court of Wards was shown as second defendant while he should have been described as the -representative of the first defendant. Although it does not belong to a particular State, right of use has been granted to the States as per international norms.