LexLords NRI Legal Services Mumbai By NRI Legal Services LexLords
NRI legal services - https://lexlords.com/the-real-estate-regulation-and-development-act-rera/. As already noticed, Section 42 of the Act has no application to the fact situation of the present case. Texas(1), "laws are not abstract propositions. The appeal preferred by the appellant herein was dismissed. It can direct that the offence of simple hurt be tried by the special tribunal while a more serious offence be tried in the ordinary way The State Government can choose a case of a person similarly situate and hand it over to the special tribunal and leave the case of another person in the same circumstances to be tried by the procedure laid down in the Criminal Procedure Code.
(2) The third appellant, Swaran Singh, who was arrested on the 18th December, 1948, took the police on the 19th December to his haveli which was locked, and, on opening it two kheses (wrappers) which were stained with human blood were recovered. " (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for Government to levy an additional court fee, by notification in the Gazette, in respect of appeals or revisions to tribunals or appellate authorities, other than Civil and Criminal Courts, at a rate not exceeding one per cent of the amount involved in the dispute in cases where it is capable of valuation and in other cases at a rate not exceeding one hundred rupees for each appeal or revision.
The contention raised on behalf of the appellant on the basis of judgments of this Court in Abdul Rashid Ibrahim Mansuri, Jag Raj Singh and Sukhdev Singh (supra) cannot be accepted. The discretion that is conferred on official agencies in such circumstances is not an un- guided discretion; it has to be exercised in conformity with the policy to effectuate which the direction is given and it is in relation to that objective that the propriety of the classification would have to be tested.
D-4, shows that the shops of the appellant and his brother Zahid Khan run into each other and form two sides of a rectangle, the appellant's house facing north and the brother's house facing east. and seeks to bring within the lines all similarly situated so far as its means allow(2). The object of the ordinance of the City and County of San Francisco, which came up for consid- eration in that case, was, as found by the court, not to regulate laundry business in that locality in the interests of the general public(4).
but are expressions of policy arising out of specific difficulties addressed to the attainment of specif- ic ends by the use of specific remedies. 528 of 2009, before the High Court of Judicature at Madras (hereinafter referred to as the High Court). In such eases, the power given to the executive body would import a duty on it to classify the subject- matter of legislation in accordance with the objective indicated in the statute. n452 of the West Bengal Act, suggests no reasonable basis or classification either in respect of offences or in respect of cases.
Manian @ Manikanda, and ordered his acquittal. After all "the law does all that is needed when it does all that it can, indicates a policy. - Every decision or order made under section 39 or section 40 or section 83 or section 99 or section 101 shall, if not carried out,- (a) on a certificate signed by the Central Registrar or any person authorized by him in writing in this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as if it were a decree of such court and such decree shall be executed by the Central Registrar or any person authorized by him in writing in this behalf, by attachment and sale or sale without attachment of any property of the person of the person or a multi-State co-operative society against whom the decision or order has been made; or (b) where the decision or order provides for the recovery of money, by executed according to law for the time being in force for the recovery of arrears of land revenue: Execution of decisions, etc.
" In my opinion, if the legislative policy is clear and definite and as an effective method of carrying out that policy a discretion is vested by the statute upon a body of administrators or officers to make selective application of the law to certain classes or groups of persons, the statute itself cannot be condemned as a piece of discriminatory legislation. On the other hand, NRI legal services (a knockout post) if the statute itself does not disclose a definite policy or objective and it confers authority on another to make selec- tion at its pleasure, the statute would be held on the face of it to be discriminatory irrespective of the way in which it is applied.
If the administra- tive body proceeds to classify persons or things on a basis which has no rational relation to the objective of the legislature, its action can certainly be annulled as offend- ing against the equal protection clause. Each shop opens out on to a road. 2009, both the appellants preferred Criminal Appeal No. This, it seems to me, is the true principle underlying the decision of the Supreme Court of America in Yick Wo v. It has laid down no measure for the grouping either of persons or of cases or of offences by which meas- ure these groups could be distinguished from those outside the purview of the special Act.
The business was (1) [1940] USSC 109; 310 U. NRI Legal Services - (1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section. Dissatisfied with the order passed by the trial Court dated 5. Payment of compensation or deposit of same in Court. A Division Bench of the High Court, accepted the appeal preferred by accused no.
