text stringlengths 5 5.67k |
|---|
The constitutional goal is to break down inequalities steadily between man and man, whether based on status or talent. Ratio |
Masses of men have suffered so long from social suppressions and environmental inhibitions and to deliver them out of such stratification and petrification came the message of social justice, blowing like winds of change, with an accent on distributive justice ensured by the rule of real equal 1068 opportunity. Ratio |
This basic mandate of equality cannot be subverted by the pragmatic plea of classified equality without robbing articles 14 to 16 of their spiritual kernel in the process of decoding. Ratio |
Status to values must wither away in the march to the constitutional goals. Ratio |
Every Article of Part III is an article of faith of our nation and is the formal expression of a moral spiritual mandate, not a string of words whose meaning of meanings can be played with by intellectual exercises favouring the Establishment. Ratio |
The paramount law is value loaded. Ratio |
Our freedom is in peril if equality is by judicial reconstruction, a refined validation of inequality. Ratio |
Princes shall be treated equally but pariahs will continue where they are Why? because article 14 means only equality among equals, a self evident statement without solemn pronouncement. Ratio |
Mr. Justice Subba Rao in Lachhman Das 's case(1) warned against this pernicious potential. Ratio |
We pollute our cultural stream if we narrow the flow of constitutional equality to the little trickle of equals being made equals. Ratio |
The dynamic demand of levelling up unequals to the level of the higher brackets is non negotiable albeit gradual. Ratio |
This caveat is sounded in the last paragraph of the majority judgment in Triloki Nath(2) and is writ large in the whole of the concurring minority judgment. Ratio |
It binds. Ratio |
But we hope that this judgment will not be construed as a charter for making minute and microcosmic classifications. Ratio |
Excellence is, or ought to be, the goal of all good government and excellence and equality are not friendly bed fellows. Ratio |
A pragmatic approach has therefore to be adopted in order to harmonize the requirements of public services with the aspirations of public servants. Ratio |
But let us not evolve, through imperceptible extensions, a theory of classification which may subvert, perhaps submerge, the precious guarantee of equality. Ratio |
The eminent spirit of an ideal society is equality and so we must not be left to ask in wonderment. Ratio |
What after all is the operational residue of equality and equal opportunity? The point Sri Govindan Nair made from Triloki Nath(3) is, on principle, well taken but on facts, fallacious. Ratio |
The learned Attorney General, in the last instalment of information furnished in the course of his reply, did convince us that no such disaster as was painted did or would befall unless we take a myopic view. Ratio |
1069 If we had been satisfied that the end product of the provision (Rule 5) was a manipulation of continued seniority, beyond allowance for some differences, a perpetual suppression of the civilian wing and a back door entry into and occupancy of all higher positions by the military men, it might have been a mockery o... |
But the story is that some advantage is secured by the military recruits which is intended and justified. Ratio |
Certainly, in the promotional scale this will be reflected. Ratio |
But no monopoly of all promotions vests in the commissioned recruits. Ratio |
As expressed earlier, rigid or relentless equalisation of divergent categories who have been brought into one Service is the Procrustean bed process, contrary to democratic social dynamics. Ratio |
In the first few years, the army wing had a better deal but in the next spell the civilian wing more than made up. Ratio |
In the next span some change occurs and a projection into the decade ahead shows that the civilians will outnumber the army men at the next two tiers. Ratio |
Maybe, the Surveyor General may continue to be a 'uniformed ' engineer. Ratio |
We do not see the pathetic picture held out by counsel and the differences we do notice are distances away from the creation of class legislation. Ratio |
We do not strike down the rule as constitutionally obnoxious. Ratio |
Sri Govindan Nair drew our attention to Pay Commission Reports which had strongly recommended fair treatment to the civilian wing by making the higher positions realistically accessible to them. Ratio |
Prima facie, there is some grievance if promotions at the top are totally sealed off, not in law but in fact. Ratio |
And simmering discontent of a whole wing is no small matter. Ratio |
Maybe, when the apex is occupied always by a 'brass ' boss the working of the rules and of the department may be tilted. Ratio |
We do consider that recommendations of the Pay Commission deserve Central Government 's early attention. Ratio |
Flexible provisions for promotion to higher positions which will not make the department lop sided, or vertical division of the civilian and military wings without injury to integrity and efficiency may meet the needs of equality. Ratio |
Policy is for the Executive, not the Judicative wing. Ratio |
We find no unconstitutionality but discontent should not be neglected in good government. Ratio |
A measure of agreement, with marginal differences in the interpretation of the rules, emerged in the course of the debate. Ratio |
We may as well set it down to avoid future doubt. Ratio |
The learned Attorney General stated, with a view to silence the grievance of the respondents, that for promotions beyond Superintending Surveyor, even officiating S.S. are 1070 considered. Ratio |
It is not right to contend, he said, that only on confirmation they are considered for promotion as Deputy Directors. Ratio |
Indeed, the learned Attorney General pointed out that many Deputy Directors have been only officiating SSs. Ratio |
We accept this as correct. Ratio |
Sri Govindan Nair, apprehending adverse winds in reversal of the High Court 's conclusion, raised fresh contentions which he was not permitted to put forward because they were new and urged only in the Supreme Court. Ratio |
Creative thinking is good, if it dawns in good time; for, according to our processual law, arguments unborne on the record in the High Court have no chance as a post script in the Supreme Court. Ratio |
For instance, he urged that commissioned officers governed by the Army Act could not be governed by any other Service Rules. Ratio |
So much so, the 1950 Rules, being a deviation from the Army Rules, were invalid. Ratio |
We illustrate but not exhaust and, in any case, do not investigate. Ratio |
The social philosophy of our fundamental law is a perennial flow, rising and falling, rushing to push out obstructing rocks and slowing to erode a doctrinal distortion, the power being geared to the good of the people in terms of Justice, social economic and political. Ratio |
From this futuristic standpoint, every decision of the Supreme Court is the focal point of the battle of the tenses, of social change versus social stability. Ratio |
We leave these seminal issues for future consideration when they more directly demand decision. Ratio |
Enough unto the day is the evil thereof. Ratio |
We allow the appeals but intricate constitutional questions when decided by this Court to declare the law under article 141 should be an exception to the conventional rule of costs following the event, unless other circumstances warrant. RPC |
So no costs. RPC |
Civil Appeal Nos. FAC |
11431144/73 and 1201 (N) of 1973. FAC |
From the Judgment and order dated 16 11 1972 of the Delhi High Court in C.W. No. 580/71, LPA No. 58/72 and 54/72. FAC |
P. N. Lekhi and M. K. Garg for the Appellants in C.A. Nos.1143 44/73 and for Respondents in C.A. No. 1201/73. FAC |
F. section Nariman P. D. Singhania, Homi Ranina, Ravinder Narain and T. Ansari in C.A. No. 1143/73 for the Intervener. FAC |
section N. kaeker Sol. STA |
General and A. V. Ramgam for the Respondent in C.A. No. 1144/73 and for the Appellant in C.A. No. 1201/73. FAC |
section N. Kaeker, Sol.General, B. P. Maheshwari, section Sethi, Bikramjit Nayyar and E. C. Sharma for Respondent No. 1 in C.A. Nos. FAC |
1143 44/73 S.T. Desai, section P. Nayyar and Miss A. Subhashini for the Intervener, C.I.T. Delhi. FAC |
611 The Judgment of the Court was delivered by BHAGWATI, J. FAC |
These appeals by certificate raise a common question of law relating to assessment of annual value for levy of house tax where the building is governed by the provisions of Rent Control legislation, but the standard rent has not yet been fixed. FAC |
One appeal relates to a case where the building is situate within the jurisdiction of the New Delhi Municipal Committee and is liable to be assessed to house tax under the Punjab Municipal Act, 1911 while the other two relate to cases where the building is situate within the limits of the Corporation of Delhi and is as... |
The house tax under both statutes is levied with reference to the annual value of the building. FAC |
Section 3(1)(b) of the Punjab Municipal Act, 1911 defines "annual value" to mean, in the case of any house or building "the gross annual rent at which such house or building may reasonably be expected to let from year to year" subject to certain specified deductions, and the same definition of "annual value" is to be f... |
That proviso reads: "Provided further that in respect of any land or building the standard rent of which has been fixed under the Delhi and Ajmer Rent Control Act, 1952, the rateable value thereof shall not exceed the annual amount of standard rent so fixed. STA |
" It was, however, common ground between the parties that this proviso is immaterial and, in fact, it was so held in Corporation of Calcutta vs Life Insurance Corporation(1). Ratio |
We may, therefore, ignore the existence of this proviso and deal with both the categories of appeals on the basis of the same definition of "annual value". "Annual value" of a building, according to this definition, would be the gross annual rent at which the building may reasonably be expected to let from year to year... |
It is obvious from this definition that unlike the English Law where the value of occupation by a tenant is the criterion for fixing annual value of the building for rating purposes, here it is the value of the property to the owner which is taken as the standard for making assessment of annual value. Ratio |
The criterion is the rent realisable by the landlord and not the value of the holding in the hands the tenant. Ratio |
The rent which the landlord might realise if the building were let is made the basis for fixing the annual value of the 612 building. Ratio |
The word "reasonably" in the definition is very important. Ratio |
What the landlord might reasonably expect to get from a hypothetical tenant, if the building were let from year to year, affords the statutory yardstick for determining the annual value. Ratio |
Now, what is reasonable is a question of fact and it would depend on the facts and circumstances of a given situation. Ratio |
Ordinarily, as pointed out by Subba Rao, J., speaking on behalf of the Court in Corporation of Calcutta vs Padma Devi(1); "a bargain between a willing lessor and a willing lessee uninfluenced by any extraneous circumstances may afford a guiding test of reasonableness. PRE |
An inflated or deflated rate of rent based upon fraud, emergency, relationship and such other considerations may take it out of the bounds of reasonableness". PRE |
The actual rent payable by a tenant to the landlord would in normal circumstances afford reliable evidence of what the landlord might reasonably expect to get from a hypothetical tenant, unless the rent is inflated or depressed by reason of extraneous considerations such as relationship, expectation of some other benef... |
There would ordinarily be in a free market close approximation between the actual rent received by the landlord and the rent which he might reasonably expect to receive from a hypothetical tenant. Ratio |
But where the rent of the building is subject to rent control legislation, this approximation may and often does get displaced. Ratio |
It is, therefore, necessary to consider the effect of rent control legislation on the determination of annual value This is fortunately not a virgin field. Ratio |
There are at least three decisions of this Court which have spoken on this subject. Ratio |
The first is the decision in Corporation of Calcutta vs Padma Devi (supra). PRE |
The question which arose in that case was whether the "annual value" of a building governed by the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 could be determined at a figure higher than the standard rent fixed under the provision of that Act. PRE |
The definition of "annual value" in section 127(a) of the Calcutta Municipal Act, 1923 under which the house tax was being levied was the same as in section 3(1)(b) of the Punjab Municipal Act, 1911 or section 116 of the Delhi Municipal Corporation Act, 1957 without the second proviso and hence in order to determine th... |
The Court speaking through Subba Rao, J. emphasized the use of the word "reasonably" in the definition and pointed out that since it was penal for the landlord to receive any rent in excess of 613 the standard rent fixed under the Act, the landlord could not reasonably expect to receive any higher rent in breach of the... |
It is the standard rent alone which the landlord could reasonably expect to receive from a hypothetical tenant, because to receive anything more would be contrary to law. PRE |
The learned Judge, after analysing the provisions of the Act, observed: "A combined reading of the said provisions leaves no room for doubt that a contract for a rent at a rate higher than the standard rent is not only not enforceable but also that the landlord would be committing an offence if he collected a rent abov... |
One may legitimately say under those circumstances that a landlord cannot reasonably be expected to let a building for a rent higher than the standard rent. PRE |
A law of the land with its penal consequences cannot be ignored in ascertaining the reasonable expectations of a landlord in the matter of rent. PRE |
In this view, the law of the land must necessarily be taken as one of the circumstances obtaining in the open market placing an upper limit on the rate of rent for which a building can reasonably be expected to let". PRE |
It may be noted that in this case the standard rent of the building was fixed under the Act and since it was penal for the landlord to receive any rent higher than the standard rent fixed under the Act, it was held that the landlord could not reasonably expect to receive anything more than the standard rent from a hypo... |
The next decision to which we must refer in this connection is the decision of this Court in Corporation of Calcutta vs Life Insurance Corporation (supra). PRE |
This case also related to a building situate in Calcutta which was governed by the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. PRE |
Section 2(10) (b) of the Act defined "standard rent" to mean "where the rent has been fixed under section 9, the rent so fixed, or at which it would have been fixed if application were made under the said section". PRE |
Here, unlike Padma Devi 's case, the standard rent of the building had not been fixed under section 9 but it was common ground between the parties that Rs. 2,800 per month being the amount of the agreed rent represented the figure at which the standard rent would have been fixed if an application had been made for the ... |
The question which arose for consideration was whether the annual value of the building was liable to be determined on the footing of this standard rent or it could be determined by taking into account the higher rent received by the tenant from its sub tenants. PRE |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.