At that stage, the respondent approached the High Court challenging the competence of the reference of the Speaker In other words, the very existence of a vacancy in the legislature is in question However, in the case on hand, the primary challenge of the petitioner is not to the electoral process but the decision of the Governor which resulted in the unseating of the petitioner as a consequence of which a bye- election ensued. He took his seat in the Legislative Assembly.
But it is far from clear that the same rule applies when an appeal from the order of a quasi-judicial tribunal is heard by another such tribunal, as is the case here. n Subba Rao was convicted by the Sessions Court and sentenced to a term of 7 years rigorous imprisonment in the year 1942 and released on the occasion of the celebration of Independence Day on 15th August, 1947, he desired to contest in the election held in 1952 to Kakinada Legislative Assembly in the erstwhile Madras Legislative Assembly.
The conclusion of the High Court, therefore, was that the assessee Company must be held to have 974 set apart I tentatively’ a sum of money in order that it might be available for the payment of a I gratuity ‘ to Harvey and Mrs. The doctrine of binding precedent has the merit of promoting a certainty and consistency in judicial decisions, and enables an organic development of the law, besides providing assurance to the individual as to the consequence of transactions forming part of his daily affairs.
If it is not so clear there of course is no error apparent on the face of the record. In the interregnum between the date of the nomination and the declaration of the election of the respondent, the Election Commission had rejected the respondent’s application seeking exemption. In any case, it can safely be said, and it is enough for the purpose of this case to do so, that it is far from clear that a quasi-judicial tribunal like the one before us is not entitled in hearing appeal from another such tribunal to apply a rule which has come into existence since the decision under appeal.
, would be generally increased) have escaped duty on account of the value addition of EDC. (iv)The High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance. More specifically, what was alleged was that various spare parts relatable to motor vehicles that were manufactured by the appellant and were procured by it in the form of bumpers, grills, etc.
On receipt of the communication from the Election Commission, the Speaker referred the matter to the Governor for his decision under Article 192. As he was under a disqualification having had suffered imprisonment, he made an application under Section 11 to the Election Commission seeking an exemption. The High Court pointed out that there was always a possibility ,of a resulting trust in favour of the Company and the money could not, therefore, be held to have been ex- pended.
As there was no response from the Election Commission, he went ahead and filed his nomination Illegal Custody and Habeas Corpus Law Firm in Chandigarh contested the election successfully. Maruti Suzuki India Limited (then known as M/s Maruti Udyog Limited), the Department gathered, by way of intelligence, that the appellant had cleared inputs/ spares after processing, but duty was only paid equivalent to the MODVAT credit taken on these inputs before processing, and hence a substantial increase in the value of these inputs has escaped payment of duty on account of value addition in such inputs after processing.
No authority to warrant such a proposition was cited and as at present advised, I am not prepared to assent to it. It may be that when one regular and ordinary court bears an appeal from the decision of another such court, it cannot, generally speaking, take into consideration a law which has been passed since that decision. , on which the process of Electro Deposition Coating, namely, EDC took place (which was in the nature of anti-rust so that the shelf life of the said bumpers, grills, etc.
2001 that was served upon the appellant M/s. Provided further that where a person is nominated as a Director of a Company by virtue of his holding any office or employment Lawyer in Chandigarh High Court the Central Government or State Government or a financial corporation owned or controlled by the Central Government or the State Government, as the case may be, he shall not be liable for prosecution under this Chapter.
The High Court then observed in addition that there was no ‘ instant necessity ‘ for the expenditure, nor was the money ‘laid out for a business purpose of an instant character’, nor did it bring Best Lawyer in Chandigarh High Court a ‘present asset which would always remain an asset in that form, the money having gone for ever’. Harvey, but there being I no provision for the application of the money in the event of those contingencies not occurring and no annuity being payable to any one’, there was no I expenditure’ in any real and practical sense of the term’.
And, therefore, the need for a clear and consistent enunciation of legal principle in the decisions of a court. Vide a show cause notice dated 30.