In this view, I am relieved of the duty of expressing my opinion on the other questions raised and seriously argued, namely, whether the Court of Wards has power to settle conflicting disputes between two wards and whether such a settlement would be a lawful agreement within the meaning of Order XXIII, rule 3 of the Code of Civil Procedure. XXXII of the Code of Civil Procedure. 9 and 10 of the Order read:- clause 9.

The High Court rejected the applications. 10 of the Order was given to the 424 petitioners by the Chief Controller. 33 of the Act applies, to imply a term in the contract giving power to the master to suspend a servant when the master has come to the conclusion after necessary enquiry that the servant has committed misconduct and ought to be dismissed, but cannot do so because of s. The effect of the Act therefore is to group into one class, persons committing the specified offences in the specified area and in the specified period whose trials had not been concluded before the making of the declaration.

By Finance Act, 2010, clause (d) is amended to the effect that the commercial user should not exceed three percent of the aggregate built-up area of the housing project or five thousand square feet whichever is higher. In the result we accept the petition and issue a writ of certiorari against the respondents quashing the order of the Government of Bihar dated September 1, 1955, cancelling miner's licence No. The first point need not be considered as I am clearly of the view that no " reasonable opportunity " within the meaning of cl.

There does not seem to be any intelligible differentia by which such persons can be differentiated from others who committed the same offences in the same area and during the same period but whose trials had been concluded before the making of the declaration. The Central Government or any other Officer authorised in this behalf may cancel any licence granted under this Order or otherwise render it ineffective (a) if the licence has been granted through inadvertence or mistake or has been obtained by fraud or misrepresentation;".

2005 the legislature for the first time allowed Section 80IB(10) deduction to housing projects having commercial user cannot be accepted. Thus, by inserting clause (d) to Section 80IB(10) the legislature has made it clear that though the housing projects approved by the local authorities with commercial user to the extent permissible under the DC Rules/Regulation were entitled to Section 80IB(10) deduction, with effect from 1.

It is only to them that the Act applies. as I guardian of the appellant -who 432 was of unsound mind under 0. It would be necessary to carry out this object that both the classes of persons, namely, those whose trials had been concluded as also those whose trials had not been concluded, should be treated according to the same law. The above conclusion is further fortified by Clause (d) to Section 80IB(10) inserted with effect from 1. We have, therefore, to see whether it would be reasonable for an Industrial Tribunal where it is dealing with a case to which s.

33 of the Act on that law as to the power of the master to suspend. 2005 such deduction would be subject to the restriction set out in clause (d) of Section 80IB(10). The appellant contended, that the compromise decrees were a nullity (i) as the Court of Wards had not complied with the mandatory provisions of s. The expression 'included' in clause (d) makes it amply clear that commercial user is an integral part of housing project. 261-H of 1951 granted in favour of the petitioner.

56 of the Act, (ii) as there could not in law be a compromise unless there were two parties but in this case there was only one party the Deputy Commissioner, - Barabanki and (iii) as the High Court failed to appoint a disinterested person. The object of the Act, as earlier stated, is to secure speedy trials in the interests of the security of the State and the maintenance of the public peace and tranquillity in view of the extensive disturbance of the public peace and tranquillity in an area.

2005 would be available where such commercial user does not exceed five per cent of the aggregate built- up area of the housing project or two thousand square feet whichever is lower. 2005 provides that even though shops and commercial establishments are included in the housing project, deduction under Section 80IB(10) with effect from 1. Therefore, the argument of the revenue that with effect from 1. By permitting a declaration classifying offences committed in the past, the Act makes a classification which cannot stand the 670 well-known test which I have read from Ram Krishna Dalmia's case (1).

She presented two applications to the High Court alleging that the compromise decrees were a nullity and praying for a proper disposal of the appeals. This is where the difficulty arises. Clause (d) to Section 80IB(10) inserted w. lndeed, in order to secure that object, it is necessary to place both the classes of persons in the same situation. 485 It is clear therefore that Industrial Tribunals have the power to go beyond the ordinary law of master and servant, if circumstances justify it.

The respondents will pay the costs to the petitioner. The only distinction between the two classes is that in one case the trials had been concluded while in the other, they had not been. Now that is not a differentia, if it may be called so, which has any reasonable relation to the object of the Act. "Cancellation of Licences. The material parts of cls. Later, the appellant recovered from her affliction, and was declared to be of sound mind.

In these cases the decision of the Labour Appellate Tribunal has proceeded strictly on the basis of the ordinary law of master and servant without regard to the, fundamental change introduced in that law by the enactment of s. All the cases to which we have been referred with respect to the ordinary law of master and servant had no occasion to consider the impact of s.