The oil companies are directed to provide as per the Committees directions, the requisite infrastructure, staff, transport and make necessary arrangements, whenever so directed, for travel, stay, payments and other facilities etc. A standing order, even though binding as between the employer and the employees under s. It was observed :- " The act of Government lawyers in Supreme Cour of Indiat this case was not the seizure by arbitrary power of territories which upto that time had belonged to another sovereign State; it was the resumption of lands previously held from the government under a particular tenure, upon the alleged determination of that tenure.

25(1)(c) of the Act operate as an unreasonable restriction on the said rights, and are therefore void; and (iv) even if the said section did not infringe his fundamental rights, the order of the Government in cancelling the lease without affording him reasonable opportunity to show cause within the meaning of the second proviso to that section infringed his fundamental right. Chatterjee, learned Counsel for the petitioner, may be broadly formulated under the following four heads: (i) The Bihar Mica Act, 1947, as amended by the Bihar Mica (Amendment) Act, 1949, is ultra vires for want of constitutional competence; (ii) the provisions of -the Act are repugnant to the provisions of the Central Act 53 of 1948, and, therefore, to the extent of such repugnancy the former Act should yield to the latter Act, with the result that the licensing provisions under the Act ceased to have any legal effect; (iii) the petitioner has the fundamental rights under Art.

In that case one of the questions was whether there was an act of State at all,--a question which the Courts can legitimately consider. It is, however, contended on behalf of the appellant that both the tribunals have agreed that 'it is 46 362 reasonable to fix the age of superannuation at 55; and in a sense the appellant is justified in raising this contention. 26 of the Bihar Agricultural Income-tax Act, 1938, the Agricultural Income-tax Officer had the power to revise his own order and assess an item of income which, even though shown in the return, he had earlier omitted to tax under a misapprehension that it was not taxable.

Secretary of State for India (1). " From these cases it is manifest that an act of State is an exercise of sovereign power against an alien and neither intended nor purporting to be legally founded. If by means of the continuance of the tenure or for other cause, a right be claimed in derogation of this title of the government, that claim, like any other arising between the government and its subjects would prima facie be cognizable by the Municipal Courts of India.

7 of the Industrial Employment (Standing Orders) Act, 1946, was open to modification even under the Act as it stood prior to its amendment in 1956, in an industrial dispute raised by the workmen for that purpose and as such the present reference, questioning the propriety and validity of the system of forced retirement as introduced by the appellant must be decided on merits. The possession was taken under colour of legal title, that title being the undoubted right of the sovereign power to resume, and retain or assess to the public revenue, all lands within its territories upon the determination of the tenure, under which they may have been exceptionally held rent free.

Paragraph 129 referred to above states in terms that 1314 only four categories of posts mentioned therein fall within the cadre of Assistant Station Directors, and those categories do not include Public Relations Officers. " That those observations were related to the facts then before their Lordships is clear from the following passage: " Their Lordships held that the expression "has escaped assessment" should not be read as equivalent to "has not been assessed" because so to do "gives too arrow a meaning to the word 'assessment' and too wide a meaning to the word escaped'.

Held, that it was well settled that under the ordinary law of master and servant the power to suspend the servant without 477 pay could not be implied as a term in an ordinary contract of service between the master and the servant but must arise either from an express term in the contract itself or a statutory provision governing such contract. " Income has not escaped assessment if there are pending at the time proceedings for the assessment of the assessees' income which have not yet terminated in a final assessment thereof.

A defence of this kind does not seek to justify the action with reference to the law but questions the very jurisdiction of the Courts to pronounce upon the legality or justice of the action. 19(1)(f) and (g) of the Constitution to acquire, hold and dispose of his property and to carry on any occupation, trade or business in respect thereof, and that the provisions of s. It was held that the Begum, whose estate was seized by the East India Company after her death, was not a sovereign princess but a mere Jaidadar and the resumption of her jagir upon her death was not an act of State but an act done under a legal title.