Where the classification is reasonable and is founded on an intelligible differentia and that differentia has a rational relation to the object sought to be achieved by the statute, the validity of the statute cannot be successfully challenged under Art. 64 The respondent Indian Sugar Mills Association wag specified as the export agency under this section. Section 4 also provides that ” in fixing such quantity the Central Government shall have regard to -(a) the quantity of sugar available in India, (b) the quantity of sugar which, in its opinion, would be reasonably required for consumption in India, (c) the necessity for exporting sugar with a view to earning foreign exchange in the public interest.
This point was not urged before, nor considered by, the High Court in the writ application in which it gave its leading judgment. 1 Of the Constitution even though the procedure prescribed by the Act may amount to discrimination. The matter in so far as it relates to the first two groups is simple. Parliament has established no criteria, no standards and has not prescribed any principle on which a particular disease or condition is to be specified in the Schedule.
, who delivered a separate judgment, also held that in the absence of registration no right was created. 2(b) and the proviso to s. The object of the Act was to improve agricultural production by abolishing big landed estates and transferring land to the actual tillers of the soil. ” Section 5 requires the Central Government to apportion the quantity fixed under s. It is not stated what facts or circumstances are to be taken into consideration to include a particular- condition or disease.
19(1)(g) of the Constitution. Both the trial Court as also the High Court in appeal found against him and dismissed the suit. The appellants wished to urge the point in the High Court on their own application, but were told that if the decision of the High Court in Writ Application No. It was on this view about the effect of the clause in general that the offending portion was struck down under Art. It was held also to contravene Art.
Since the classification made by the impugned Act is rational and the differentia by which offenders are classified has a rational relation with the object of the Act to provide for the speedy trial of the offences specified in the Schedule, S. Hence this appeal by special leave. Such price or prices may differ from iron and steel obtainable from different sources and may include allowances for contribution to and payment from any Equalisation Fund established by the Controller for equalising freight, the concession rates payable to each producer or class of producers under agreements entered into by the Controller with the producers from time to time, and any other disadvantages.
The argument on this point is based on s. If proprietary right was otherwise acquired, it vested in the State, and lastly, if the agreements created a purely personal right by contract, there was no deprivation of property, because the contract did not run with the land. This appeal challenged the validity of the Jammu and Kashmir Big Landed Estate Abolition Act, XVII Of 2007 which was enacted by Yuvaraj Karan Singh on October 17, 1950, in exercise of the powers vested in him by S.
1098 of 1954 was wrong, it could be why not look here – Read Home Page, corrected only by this Court. Section 4 authorises the Central Government to fix the quantity of sugar that may be exported, during look at more info (Read Home Page) any period, but the quantity so fixed for a year is not to exceed twenty per cent. Such documents were examined from five different angles in that case, and it was held that the document-if it conferred a part or share in the proprietary right, or even a right to profit a prendre- needed registration to convey the right.
Further, it was held in this case that noise was included in the definition of “air pollutant” in the Air (Prevention and Control of Pollution) Act, 1981 and therefore, the provisions of the said Act became applicable in respect his response (Read Home Page) of the noise pollution also. 5(1) of the Abolition Act, which we have quoted earlier, and is in two parts: firstly, it is contended that if clauses (a) (1) (1907) 9 Bom. 5 of the Jammu and Kashmir Constitution Act 14 of 1996 (1930) and the final proclamation issued by Maharaja Hari Singh on June 20, 1949, by which he entrusted all his powers and function to the Yuvaraj.
It has already been ruled in Shantabai’s case (2) that if the right be claimed on foot of an unregistered agreement, it cannot be entertained. It was also held that although there is no specific provision to deal with noise pollution, the Environment (Protection) Act, 1986 confers powers on the Government of India to take measures to extra resources; Read Home Page, deal with various types of pollution including noise pollution. of the quantity of sugar produced view (Read Home Page) in India upto the month of October in that year.
We now go to the second point urged on behalf of the appellants. this, Read Home Page, The this guy; Read Home Page, case of the respondent which illustrated this vicious tendency of the Recommended Webpage [simply click the next internet site] impugned clause was treated as a typical case which showed how business of grain-dealers would be paralysed by the operation of the clause. The suit out of which the present appeal arises was brought by the appellant in a representative capacity for a declaration that the Act was void, inoperative and ultra vires and that he was entitled to retain peaceful possession of his lands.
4(1) of the Act cannot be said to contravene Art. If it created a bare licence, the licence came to an end with the interest of the licensors in the forests.