The department did not take any further steps in the matter and accepted that view of the Tribunal as regards the assessments of those years and we are not in this appeal concerned with them. 25 crores within 60 days of the execution of the MoU by way of signature bonus apart from providing a bank guarantee to the value of Rs. The petitioners contend that the whole export programme in respect of sugar amounts to an infringement of their fundamental Fights under Arts.
Section 28 (1) provides that the general superintendence of all religious trusts Advocate in Chandigarh
the State shall be vested in the 569 Board and the Board shall do all things reasonable and necessary to ensure that such trusts are properly supervised and administered and that the income' thereof is duly appropriated and applied to the objects of such trusts and in accordance with the purposes for which such trusts were founded and for which they exist. The peti- tioners analyse the scheme of the Act, and state that it amounts to taking sugar from owners for sale abroad at such price as it may fetch, the owners being paid when such money is received, after deducting the expenses of the export agency and the cost of export.
They further state that if the necessity for foreign exchange was felt, the' loss entailed in the earning of foreign exchange should be borne by Government or be distributed among all industries, or at least among all the sugar producers in the country. We now turn to the reasoning given by the Arbitral Tribunal in paras 21 to 23 of the award, as quoted above. Section 28(2)(g) empowers the Board to give directions for the proper administration of a religious trust Lawyer in Chandigarh
accordance with the law governing such trust and the wishes of the founder in so far as such wishes can be ascertained.
The existing legal framework i. The next contention is under Arts. 10 crores for the due observance for the joint venture by the appellant under the various terms and conditions of the MoU within 30 days of the signing of the MoU. They state that the owners stand to lose, because, admittedly, sugar is going to be exported at a loss, and the loss is to fall on the owners of factories. The award considers the impact of sub-clauses 70. In other words, the contention that stands accepted was, that the escalation in price premised on fluctuation in market value of the inputs stands on one footing, while the additional cost resulting form the impact of any statute, decree, ordinance, Law Firm in Chandigarh
etc as referred to in sub-clause 70.
It is urged that the Act is an unreasonable restriction upon the fundamental rights to hold, acquire, and dispose of property and to carry on occupation, trade or business. Section 32 empowers the Board to settle a scheme for the proper administration of religious trusts. Chapter V relates to the power and duties of the Board. 8 stands on the other. Section 28 (2) enumerates in great detail the powers and duties of the Board Advocate in Chandigarh
[look what i found
] regard to certain matters.
It is not in dispute that within the stipulated time limit the appellant gave its cheque for the said sum but the respondent did not encash the same. Section 28(2)(e), for example, states that the duty of the Board shall be to cause inspection to be made of the property and the office of any religious trust including accounts and to authorise the Superintendent or any of its members, officers or servants for that purpose.
n(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and in the case of a seat in the Legislative Council, not less than thirty years of age; and c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. 19(1) (f) and (g), and amounts also to a compulsory acquisition of their property without payment of compensation. As regards the assessments for the five years (1948-49 to 1952-53) the Tribunal upheld the decision of the Appellate Assistant 929 Commissioner who had confirmed the assessments made by the Income-tax Officer.
MoU also stipulated certain other conditions by which the appellant was obligated upon to reimburse to the respondent, within 60 days of the signing of the MoU, an amount of Rs. 19(1) (f) and (g) and also 31 of the Constitution. the penal and procedural laws and the adjudicatory system are found to be rather inadequate to curb or control the menace of organised crime. It also provided for the appellant to pay the respondent a further sum of Rs. 7 and agrees with the contention that the provision for cost escalation based on the agreed price adjustment formulae falls in one compartment while the compensation for additional cost resulting from a subsequent legislation falls in a separate category.
The Government has, therefore, decided to enact a special law with stringent and deterrent provisions including in certain circumstances power to intercept wire, electronic or oral communication to control the menace of organised crime. The chapter further provides for the appointment of officers and servants for the Board. Chapter IV refers to the appointment and qualification of the Superintendent of the religious trusts. Section 8 contains the terms of the constitution of the second and every subsequent Board.
94 crores being the direct expenses incurred by the respondent on its Alumina Project and related matter.