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If these are the requi- sites, so I argued with myself, to which all accused persons are equally entitled, why should a particular procedure which ensures all those requisites not be substi- tuted for another procedure, if such substitution is neces- sitated by administrative exigencies or is in public inter- est, even though the new procedure may be different from and less elaborate than the normal procedure. In the second place, the NRI Legal Services declaration under Section 6 may be made that land is needed for a company in which case the entire compensation has to be paid by the company.

The argument that changes in procedural law are not material and cannot be said to deny equality before the law or the equal protection of the laws so long as the substan- tive law remains unchanged or that only the fundamental rights referred to in articles 20 to 22 should be safeguard- ed is, on the face of it, unsound. It was also said that there is no satisfactory explana- tion why Patel abandoned the scheme adopted by him in 1102 drawing up Exhibits P-4 and P-5 and his original tender.

Nathu Ram[1] it was submitted by Mr. Section 114 provides for imposition of tax on land and buildings in Delhi Chapter VIII of the Delhi Municipal Corporation Act, 1957 deals with taxation. Relying on the decision of this Court in Anar Devi(Smt) v. In the first place, it brings in the "due process" idea of the American Constitution, which our Constitution has 312 not chosen to adopt. No notification under Section 6 can be made where the entire compensation is to be paid by a company declaring that the acquisition is for a public purpose, for such a declaration requires that either wholly or in part, compensation must come out of public revenues or some fund controlled or managed by a local authority.

It is clear therefore that where the entire compensation is to be paid by a company, the notification under Section 6 must contain a declaration that the land is needed for a company. I must confess that I have been trying hard to think how the Act can be saved, and the best argument that came to my mind in support of it was this :--The Act should be held to be a good one, because it embodies all the essentials of a fair and proper trial, namely, (1) notice of the charge, (2) right to be heard and the right to test and rebut the prose- cution evidence, (3) access to NRI legal services (look at these guys) aid, and (4)trial by an impartial and experienced court.

Secondly, the Act itself does not state that public interest and administrative exigencies will provide the occasion NRI legal services [useful content] for its application. Lastly, the discrimination involved in the application of the Act is too evident to be explained away. EXPLANATION-III For the purpose of sub-rule (4), the expression in the same form used in sub-clause (i) of clause (m) shall not include such goods which, after being purchased, are either consumed or used in the manufacture of other goods which in turn are used in the execution of works contract 2 Issuance of Requirement Schedule The Board shall issue to the Companys Generating Station at Hazira a Schedule of its requirement with respect to the generation of the Allocated Capacity by the Generating Station during each day by 5.

Gupta, learned Advocate that the defendant was estopped from questioning the title of the plaintiffs and that the High Court was in error in allowing the second appeal. It would be useful to refer to the provisions, Statutes and the Rules for better appreciation of the dispute involved in this case. Banerjee, learned Advocate supported the view taken by the High Court and submitted that no evidence whatsoever was led to prove ownership of the suit house which was necessary in view of Section 12(1)(e) of the Act.

00 PM on the preceding day. Learned Advocate General contended that it was impossible for Patel unless he had seen Exhibit P-6, to quote rates of a large number of items numbering about 197, in every case lower than the rates given in Exhibit P-6 and the circumstance that in not a single case he has quoted a higher rate than Exhibit P-6 is conclusive of the fact that he had done so after he had seen Exhibit P-6. 8) Reading of clause (2) of Article 233 shows that the "eligibility" of a person applying for the post of district judge has to be seen in the context of his appointment.

This schedule will indicate the level of Active Power required to be produced by Generating Station. The right to equality postulated by article 14 is as much a fundamental right as any other fundamental right dealt with in Part III of the Constitution. Procedural law may and does confer very valu- able rights on a person, and their protection must be as much the object of a court's solicitude as those conferred under substantive law. A fortiori, the eligibility of a person as to whether he is in the service of Union or State is required to be seen at the time of his appointment for such post and not prior to it.

This seemed to me to be the best argument in favour of the Act but the more I thought of it the more it appeared to me that it was not a complete answer to the problem before us. Patel abandoned the system when he found that his rates on his original scheme would be higher than the correspond- ing rates of Doongaji.