Union of India;  INSC 85; (1990) 3 SCC 223). 2004 should be treated as notice for arbitration for the purpose of Section 21 of the Arbitration Act was rightly not pursued further by Mr. 73 of the amended section clearly indicates. We then come to the conclusion that the suit was premature and’ must fail. He conceded that it could happen only after buyers got their advance licences invalidated. This contention has been rejected by the High Court and the appellant urges that the High Court was in error in rejecting its case.
The argument is that the words ” at the rate applicable to the total income of the company ” must be strictly and literally construed and reliance is placed on the principle that fiscal statutes must be strictly construed. On the other hand, NRI Legal Services as observed by Maxwell ” the tendency of modern decisions upon the whole is to narrow materially the difference between what is called a strict and beneficial construction (1) “. But the Courts have gone beyond this.
74 of the Representation of the People Act, 1951, has to be issued. The averments and the materials are not sufficient to establish the claim of the appellant that the proceeding ceased to be bona fide after 13. In this sense it would mean the rate actually applied. Submissions made about NRI Legal Services the Curative Petition do not appeal to me as they are irrelevant and there is no substance in them. If he has agreed to forfeit wholly his right to redeem in certain circumstances, that agreement will be avoided.
State of J 1989 Supp (2) SCC 364 and Shri Sitaram Sugar Co. He emphasized that DGFT could still refuse to issue the advance licence for intermediate supply to the assessee. “Applicable”, according to its plain grammatical meaning, means capable of being applied or appropriate; and appropriateness of the rate can be determined only after considering all the relevant statutory provisions. He sought to discredit the opinion of the Court in the said case by arguing that the advance licence for intermediate NRI Legal Services supply was granted by the DGFT to the assessee under the EXIM Policy and it had nothing to do with the buyer.
While exercising the power of judicial review of administrative action, the Court is not the Appellate Authority and the Constitution does not permit the Court to direct or advise the executive in the matter NRI Legal Services of policy or to sermonise qua any matter which under the Constitution lies within the sphere of the legislature or the executive, provided these authorities do not transgress their constitutional limits or statutory power. That notification -gives life to the Legislative Assembly as s.
The issue whether the first notice NRI Legal Services dated 8. If it is so, it would be open to His Excellency The Governor of Maharashtra to dispose of the said application before the date on which the sentence is to be executed, if His Excellency wants to favour the petitioner. Thus, the position is that even if the decision taken by the Government does not appear to be agreeable to the Court, it cannot interfere. When the clause refers to the rate applicable, it is necessary to remember that it refers to the rate applicable to- the total income of the company for (1) Maxwell on ” Interpretation of Statutes “, 10th Ed.
The rule against clogs on the equity of redemption no doubt involves that the Courts have the power to relieve a party from his bar ‘gain. The appellant’s case is that the expression ” at the rate applicable to the total income ” means the rate prescribed by paragraph B of the Act and not the rate at which income- tax has actually and in fact been levied. 2003 or the next notice dated 26. We, therefore, think that the bargain was a reasonable one and the eighty-five years term of the mortgage should be enforced.
The scope of judicial enquiry is confined to the question whether the decision NRI Legal Services taken by the Government is against any statutory provisions or its violates the fundamental rights of the citizens or is opposed to the provisions of the Constitution. (b) is read as a whole, and all the material words used are given their plain grammatical meaning, its construction would present no serious difficulty. Now the words ” the rate applicable ” may mean either the rate prescribed by paragraph B or the rate actually applied in the light of the relevant statutory provisions.
In the case of IFGL, this Court has given the answer in the affirmative to the aforesaid issue. As a consequence of aforesaid discussion, the challenge to impugned order in respect of views taken on the issue of limitation in the light of principles of Section 14 of the Limitation Act fails. Lakshmikumaran is to impress upon us to take a different view. That is why the endeavour of Mr. But his explanation was that it was not necessary that such a NRI Legal Services licence could be issued to the assessee merely because the advance licence in favour of the buyer was invalidated.
For that a notification under s. It is also conceded by the learned counsel appearing for the assessee that the said judgment was rendered on almost identical fact situation. In the present case, if sub-cl. 520 That, to our mind, indicates that the bargain had been freely made, There was nothing else to which our attention was directed as showing that the bargain was hard.