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by Numbers Fetherstonhaugh (2018-10-25)


The Deputy Commissioner, Sibsagar, who was the authority appointed under the Act to hear the claims arising out of the payment of less than the minimum rates of wages to these labourers, entertained the applications, recorded evidence and heard arguments addressed to him by both the parties. , (1) that the applications were not maintainable under s. (3) The question whether the detention of any person in respect of whom a declaration has been made under sub-section (2) continues to be necessary for effectively dealing with the emergency shall be reconsidered by the appropriate Government within four months from the date of such declaration and thereafter at intervals not exceeding four months, and if, on such reconsideration, it appears to the appropriate Government that the detention of the person is no longer necessary for effectively dealing with the emergency, that Government may revoke the declaration.

19(1)(g) of the Constitution. 14 and imposed Advocates an unreasonable restriction on the right to carry on trade or business in contravention of Art. These petitions on behalf of the assessees raised the common question as to the constitutionality of s. " On January 8, 1954, the appellant appeared in the Court of the Munsif and filed a written apology and expressed his regret. It was further contended that the omnibus wholesale orders of transfer made without any reference to any particular case or without any limitation as to time were inconvenient and discriminatory and ran counter to the majority judgment in that case.

Reliance was placed on the observations of Bose, J. 20 of the Act, and (2) that there was no fixed workload or task in respect of plucking for earning daily basic wages before the introduction of the minimum wages. It thus proceeds on a classification based on residence within the State, and the only point for decision is whether the ground of classification has a fair and substantial relation to the purpose of the law, or whether it is purely arbitrary and fanciful,, (1) I.

His signature wag taken on the order-sheet and the order of that date reads: It is further resolved that the members of the Bar involved in the proceedings be requested to take immediate steps in this direction. 2005 passed by the High Court of Delhi allowing the appeal in LPA No. The impugned rule divides, as already stated, Self-nominees into two groups, those who are bona fide residents of Madhya Bharat and those who are not, and while it imposes a capitation fee on the latter, it exempts the former from the payment thereof.

1953 Madhya Bharat 87, 1228 The object of the classification underlying the impugned rule was clearly to help to some extent students who are residents of Madhya Bharat in the prosecution of their studies, and it cannot be disputed that it is quite a legitimate and laudable objective for a State to encourage education within its borders. " In the said definition clause also, the word 'discharge' means discharge of a person in a running or continuing business-not discharge of all workmen when the industry itself ceases to exist on a bona fide closure of business.

The contention of the Central Board of Revenue, supported by affidavits filed on its behalf, was that the section was intended to minimize administrative inconvenience, there was no discrimination after transfer because the same relevant provisions of the Act as applied to others similarly situated, were applied after the transfer and any resulting inconvenience to the assessee was sought to be minimised by transferring his case either to the nearest area or, where that was not feasible, by examining his accounts or evidence, if required by him, at a place suited to his convenience and that the wholesale omnibus orders of transfer were covered by the explanation: 2448 of 2005 thereby directing the Union of India to issue an advertisement in leading newspapers having wide circulation inviting tenders for the submarine batteries mentioning the detailed technical specifications and the appellants to consider all the products which meet the technical specifications and thereby proceed to select the best product in accordance with law.

This appeal assails the order dated 27. It is next contended for the petitioner that the imposition of capitation fee on some of the students and not on others is Advocates discriminatory, and is in contravention of Article Advocates 14 of the Constitution, and therefore void. Education is a State subject, and one of the directive principles declared in Part IV of the Constitution is that the State should make effective provisions for education within the limits of its economy.

in his Minority judgment in that case and it was contended that the section read with the explanation, subsequently added to it as a result of that decision,conferred arbitrary and uncontrolled powers of transfer on the Income-tax Commissioner and the Central Board of Revenue, was discriminatory and violative of the provisions of Art. The Association hopes that the bench clerk who has -to some extent been the cause for this friction between the Bench and the Bar would be replaced by a person from a different place at an earlier date.

for the purposes of any proceeding under this Act in relation to an industrial dispute, (the definition) includes any person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute. This reasoning applies with equal force to the provisions of the Indian Income-tax Act, and goes far to support the contention of the respondent that the common law is not intended to apply to Advocates proceedings under the Act.

The Union of India, [1956] INSC 23; (1956) S. 150 the definition of 'workman' in cl. 5(7-A) of the Indian Income-tax Act, which was raised but not decided by this Court in Bidi Supply Co.