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They were tried and convicted by the Special Judge, Ahmedabad, for offences under s. It appears that the Tribunal did not accept this demand primarily on the ground that the distinction between casual workers and' the permanent workers was recognised by both the parties in the agreement of 1959. As to point (a), the appellants' suggested implied term means that clause 3(2) involves a 10% increase every three years, whereas there is an express term to the effect that the 10% increase is every year; and it is a fundamental principle that one cannot imply a term which is inconsistent with an express term.

As he made clear at p 678, he considered section 17(1) to be "concerned with occupation other than temporary occupation": in his view, "a person continues to be homeless while he enjoys temporary occupation". At the time of the arguments the parties used extensively well-known works on surgery, particularly with reference to treatment of fractures of long bones such as the femur. 2 of 1947), and for those offences each of them was sentenced to suffer rigorous imprisonment for two and half years and a fine of Rs.

Granted those premises, what is said is uncontroversial. 1,000, Revenue Advocates in Chandigarh High Court default to suffer further rigorous imprisonment for year. 165-A of the Indian Penal Code and S. He gave the example of the cessation of a period of homelessness following a deliberate act falling within section 17(1) and the Revenue Lawyers Chandigarh later inception of another period of homelessness, following a period in non-temporary (or "settled") accommodation. The nurse who attended on the boy was not examined.

The judgment of the learned Special Judge was affirmed by the High Court ,of Gujarat. 5 (2) of the Prevention of Corruption Act, (No. It does not impede the free movement or transport of goods and is not violative of Article 301. That aspect of his reasoning is however inconsistent with the later decision of the House of Lords in Awua. In order for the passage to be read consistently with the passage cited previously, it must also envisage a situation where nothing has occurred to break the continuing causal connection between the initial cause of homelessness and the homelessness existing at the date of the inquiry.

Lord Lowry, Revenue Lawyers in Chandigarh High Court a further concurring speech, also accepted at p 676 the need for a causal nexus between the intentional action and the homelessness subsisting at the time of the inquiry. The only 'other point argued before us in respect of wages by learned counsel was that casual workers should also be paid minimum wages on the same basis as the permanent workers for whom the minimum wage was fixed by the Tribunal which is being varied by us by increasing it to a total wage packet of Rs.

Therefore, the decision by the Tribunal not to equate the casual workers with the permanent employees. It is against that judgment, this appeal has been filed, after obtaining special leave from this Court. 2-ITC/48-Civil Advocates in High Court exercise of the, powers conferred by sub-s. As to point (b), any reader of an appellant's lease who was asked what future leases of chalets would contain by way of a service charge provision would answer that it would be the same as that in the instant lease – ie £90 pa subject to an increase of 10% per annum compounded; and the implied term applicable to future leases should be the same as that applicable to past leases.

cannot be held to be incorrect and must be upheld. This passage envisages a state of homelessness continuing between the time when the applicant became homeless intentionally and the date of the inquiry. It may be noticed that, by the very nature of employment being casual, it can be presumed that a casual worker is on a lower footing and cannot expect the same wagesas a permanent employee. 5 (1) (d) read with s. 23-ITC/43 dated the 1st July 1943 may issue the same subject to one or more of the conditions stated below : 3 of the Imports and Exports (Control) Act, 1947 (XVIII of 1947) the Central Government is pleased to make the following order, namely, (a) Any officer issuing a licence under clauses VIII to XIV of the Notification of the Government of India in the late Department of Commerce No.

Section 21 is no exception. 841 movement or transport of goods. In so far as it relates to the 70 existing leases, the implied term suggested by the appellants is inconsistent with both (a) an express term of the appellants' leases, namely clause 3(2) itself, and (b) what is implied in relation to future leases. At that time both of them were attached to the Navrangpura police station, Ahmedabad. " Section 21 of the Andhra Pradesh Sugar Cane (Regulation of Supply and Purchase) Act which was referred to in the judgment authorised the State Government to levy a tax at such rate not exceeding five rupees per metric tonne as may be prescribed on the purchase of cane required for use, consumption or sale in a factory.

It must, therefore, be regarded as settled law that a tax may in certain cases directly and immediately restrict or hamper the flow of trade, but every imposition of tax does not do so.