28 does not specifically and expressly provide for compensation as the other sections do; They clearly show that in the case of a licence specific provisions have been made for the acquisition of the undertaking in cases of revocation or cancellation of licences. This aspect is considered by Halsbury under the heading Acquisition of undertaking by -Local Authority In Local Authority ", it is observed, " within whose jurisdiction the area of supply or any part of it is situated may within six months after the expiration of 42 years or any shorter period specified Advocates in Supreme Court of India (visit the next website) the special order from the coming to force of the said 246 order .

The theory of reasonable opportunity and the principles of natural justice have been evolved to uphold the rule of law and to assist the individual to vindicate his just rights. We are obligated to clarify the position. The reason for thus providing for compulsory acquisition of licensee's undertaking is equally relevant in the case of the sanction with which s. Hence to direct reinstatement of the employee with back-wages in all cases is to reduce the rules of justice to a mechanical ritual.

The answer to this question has to be relative to the punishment awarded. We would also like to mention that in the penultimate para, the High Court has expressed its displeasure and anguish over the averments made by respondent no. 1 even denied the fact that petroleum profits were not shared between the Government and the appellant after making the calculations with reference to benefit under Section 42 of the Act.

In this connection it would not be unreasonable to ascertain how the supply of. It is clear that the Act is based on the provisions of the English law and it would be useful to inquire, whether conditions for the acquisition of the supplier's property were treated as a part of the conditions on which the supplier was allowed to carry on the business of supplying electricity. Besides, the provisions of ss.

2009 written by the MoF, Department of Revenue this fact is specifically admitted and, therefore, respondent no. They are not incantations to be invoked nor rites to be performed on all and sundry occasions. The non-success in the writ petition compelled the appellant to prefer LPA No. 5, 6 and 7 also afford assistance in the matter. Whether in fact, prejudice has been caused to the employee or not on account of the denial to him of the report, has to be considered on the facts and circumstances of each case.

It would thus appear that where sanction was given to a person for carrying on the business of supplying electricity under a special order, a condition was introduced in the said order itself for the compulsory acquisition of the undertaking on payment of adequate compensation to the person concerned. that would be allowed to contractors/developers, as per the requirements of Section 42 of the Act. 665 of 2014 and the Division Bench concurred with the view expressed by the learned Single Judge and declined to interfere in intra- court appeal.

The question was framed in the factual matrix of the case. 1 in the additional affidavit dated 23-03-2012 where respondent no. It is apt to state here the question framed by us has to be contextually understood. When the employee is dismissed or removed from service and the inquiry is set aside because the report is not furnished to him, in some cases the non- furnishing of the report may have prejudiced him gravely while in other cases it may have made no difference to the ultimate punishment awarded to him.

energy is regulated in England and America. The Union of India (UOI), through the MoPNG, issued a Notice Inviting Tenders in August 1992 (1992 NIT), along with a Model Production Sharing Contract (MPSC), for Development of Oil and Gas Fields from various companies in relation to some selected oil fields in Gujarat and other States. xx xx xx (v) The next question to be answered is what is the effect on the order of punishment when the report of the enquiry officer is not furnished to the employee and what relief should be granted to him in such cases.

The proposition presented is that despite all the poetic licence and liberty of perception and expression, whether ˜poem or ˜write-up can use the name of a historically respected personality by way of an allusion or symbol in an obscene manner. Article 16 of the above-mentioned MPSC contained a specific provision, which provided certain financial benefits and deductions in relation to taxes etc. by a notice in writing require the undertakers to sell and thereupon the undertakers must sell too them their undertaking or so much -of it as within its jurisdiction) upon terms of paving the then value of all lands, buildings, works, materials and plant of the undertakers suitable to and used by them for the purpose of the undertaking within such jurisdiction such value to be determined by arbitration in case of difference (1)".

1 should have been careful in making such averments in the said additional affidavit which were contrary to the record, even if it was uncomfortable to respondent no.