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Hence, according to the learned senior counsel for the appellant, Rule 3(3) of the MEPS Rules being statutory, cannot be ignored by the respondent authorities and those alone apply to the claim of the appellant which deserves to be allowed but was wrongly disallowed by the Director and the High Court. At the relevant time neither Section 100-A nor Section 104(2) barred a letters patent appeal. It must be stated that now by virtue of Section 100-A no letters patent appeal would be maintainable.

The Appellant contended that by inviting such tenders, no public interest was being served and instead has Advocates (sneak a peek at this website) led to the creation of a monopoly in favour of one person with respect to the mode of Advocates; sneak a peek at this website, transportation, which in turn was detrimental to public interest. Thus, in light of aforesaid, it cannot be said that the public utility land, which is being transferred to the NIT free of cost, is without any compensation. The same principle was reiterated in Secunderabad Hyderabad Hotels Owners Association case (supra) where the existence of two types of fee and the distinction between them has been highlighted as follows: 9.

To be noted that here again the legislature has provided for a specific exclusion. Extending the line of argument on Section 71, the Appellant contended that Advocates (sneak a peek at this website) the Central Government had not issued any special or general order, enabling the Respondents to give special or preferential facility in the carriage of goods to anyone who offers the highest lump sum rate. 39 of 2007 before the Tribunal which dismissed the appeal as pre-mature on 11.

However, it is an admitted position that the law which would prevail would be the law at the relevant time. Advocates; on yahoo, It was submitted by him that if the appellant-trust has entered into an agreement with the NIT, then, the said public utility land can be said to have been acquired by an agreement in view of the exchange of not implementing the scheme as per the sanctioned notification under Section 45 of the NIT Act but agreeing to sanction a private layout with regard to land comprised within the sanctioned scheme of the NIT.

No further appeal in certain cases. 20732 of 2004 was also dismissed by this Court by order dated 7th November, 2005. The only exception to Section 70 is Section 71, which can be exercised only on the discretion of the Central Government, for the purpose of public interest. Against the said order of School Tribunal, the appellant preferred another writ petition bearing No. The appellant claimed that he should be given the charge of that post on the basis of his seniority but another person was appointed as officiating Principal on 9.

"Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge. The Appellant submitted that the content of the affidavit filed by the Respondent ran counter to the impugned Notification.

D 35086 of 2013, this Court expressed its doubt in relation to the period of limitation for filing the written statement or giving version of the opponent as per the provisions of Section 13(2)(a) of the Consumer Protection Act, 1986 (hereinafter referred to as ˜the Act). 6 The Appellant contended that Section 70 was an implied restriction on the Respondents capacity to call for such tenders. Even Special Leave Petition preferred by one of the aggrieved contempt applicant in SLP (C) NO.

The appellant challenged such action by preferring a writ petition No. 1787 of 2008, which is allowed by said court by the impugned order assailed before us. While considering Civil Appeal No. It is, by now, well settled that a licence fee may be either regulatory or compensatory. The defendant challenged the order passed by the first appellate court, allowing the application for additional evidence, before the High Court in Civil Revision Petition (PD) (MD) No.

However, this is not the only kind of fee which can be charged. The question was, whether the said issue was governed by the law laid down by this Court in Dr. It must be noted that barring the above said four persons no other person had any grievance relating to the selection made in the 36th Combined Competitive Examination. That writ petition was dismissed on the ground that the appellant had alternative remedy of appeal under Section 9 of the MEPS Act before the School Tribunal.

An emphatic stand was taken on behalf of the appellant that except in the Government Rules, 2012, there is no provision made by the State Government or by the AICTE in respect of mode of filling up of the post of Principal and none at all for a private polytechnic. The appellant thereafter, preferred appeal No. The Trust may enter into an agreement with any person for the acquisition, by purchase, lease or exchange by the Trust from such person, of any land within the area comprised in the sanctioned scheme.

When a fee is charged for rendering specific services, a certain element of quid pro quo must be there between the service rendered and the fee charged so that the licence fee is commensurate with the cost of rendering the service although exact arithmetical equivalence is not expected.