Having given such promise, based on which the appellants incurred capital expenditure, the question now arises as regards applicability of doctrine of Promissory Estoppel. But this
Supreme Court India lawyers, held in the State of U. We shall have occasion later to refer to some of the provisions of this Act. even after the aforesaid aggregate period of four years for further extension. " Just what do these words mean ? Clause 7 of the Scheme classifies projects in different categories and for a Large Scale Tourism Unit, with which we are presently concerned, fixed capital investment was required to be more than Rs.
3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exerciseable by (a) such officer or authority subordinate to the Central Government, or (b) such Provincial Government or such officer or authority subordinate to a Provincial Government, as may be specified in the direction. 4(b) renders the declaration null and void because the Public Service Commission was not consulted. 19(1)(f) and Broadly stated this section of the Control Order prohibited transport except under and in accordance with a general permit or special transport, permit as prescribed by it.
Clause 10 (b) further promised an extension for two years subject to State Level Committee being satisfied that an individual unit had experienced difficulties in implementing the project. 90 Lakhs with a promise of incentives under Clause 8. The Scheme definitely promised an initial period for completion of the project under Clause 10 (a) as two years after the initial effective steps were under taken by the concerned unit. Clause 10(C) further entitled such unit to approach the State Govt.
The rule runs- " Where recruitment to a specified post is required to be made in consultation with the Federal Public Service Commission, no such declaration shall be issued except after consultation with the Commission. This Ordinance was later followed by the Act (Act XXIV of 1946) which was passed on November 19, 1946. They are equally emphatic. It is sufficient to state here that by the time the aforesaid Act was passed the Taluqdars of certain districts of Gujrat including Ahmedabad had really become mere owners of proprietary estates, who held lands directly from Government,and the Act provided, inter alia, for the revenue administration of their estates.
19(1)(f) and (g) and that in substance it suffered from the same vice as cl. 320(3) of the Constitution. and the result was that the holders of these lands fell into pecuniary embarrassment and became impoverished and needy. The preamble to the Act, the definition of essential commodity and the provisions for delegation and sub- delegation which were included in the Ordinance have been re-enacted by the Act. The provisions of the ]Defence of India Act and the 633 Rules framed thereunder came into force to meet the emergency created by the war; but even after the war came to an end and -hostilities ceased the emergency created by the war continued and the economic problems facing the country needed the assistance of similar emergency provisions.
Now I have no doubt that in the ordinary way these words should be construed to mean what they say, But so, I would have thought at first blush, do the words in Art. A unit was therefore promised the availability of an opportunity, depending upon the individual fact situation, to pray for extension up to two years. They are equally imperative. In our view, Clause 10 was one of the core features of the Scheme based on which eligible units were invited to make capital investment of more than Rs.
" The essence of the prohibition lies in the words underlined:" Is required to be made. 645 challenged as infringing the rights of a citizen guaranteed under Arts. 4(3) of the Uttar Pradesh Coal Control Order which had been struck down by this Court in the case of M/s. These grants fell into three categories: (i) those made prior to British rule ; Under the provisions of the Act, the Settlement Registers were prepared for each village, which served the purpose of the Record of Rights in those estates.
The holders of these transferred lands paid no revenue either to the Taluqdar or to Government generally. In these estates, large areas of lands were granted presumably by the Taluqdars to cadets, widows of the family, and relations for maintenance, and to village servants and others, either in reward for past services or as remuneration for services to be performed. 10 of 1955 was put on the statute book as a permanent measure.
A system of annual leases was then introduced: this remedy, however, proved worse than the disease, and it was sought to improve the'position of the Taluqdars by legislation it is not necessary for our purpose to refer to the details of that legislation till we come to the Gujrat Taluqdars' Act, 1888 (Bombay Act VI of f888), -which was a landmark in the history of Taluqdari tenures. The only question then is whether r.
The argument was that the power conferred by s. 3 constituted an unreasonable restriction on the fundamental rights of the citizen under Arts. The life of the Act thus passed was continued from time to time until the Essential Commodities Act No. Under this clause the Central Government was authorised to direct by a notified order that the power to make orders under cl.
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