LexLords NRI Legal Services Toronto By NRI Legal Services LexLords
The expressions "discrimi- natory" and "hostile" are found to be used by American Judges often simultaneously and almost as synonymous expres- sions in connection with discussions on the equal protection clause. The Scheme adopted by the State Bank of India differed from the Scheme of the other nationalised banks inasmuch as that scheme permitted withdrawal of the applications for voluntary retirement by February 15, 2001. The said Scheme was applicable in relation to employees who on the date of application had completed 15 years of service or 40 years of age.
As there is no express provision prohibiting reservation to in-service candidates in respect of admission to Post Graduate Degree Courses, it was contended that providing for such reservation by the State Government is not impermissible in law. The dealings with members were really not in the way of any trade or business and it is only on that basis that the profits were held not to fall within the Finance Act.
I am not at all impressed by the argument NRI Legal Services of the learned Attorney-General that to enable the respondents to invoke the protection of article 14 of the Constitution it has got to be shown that the legislation complained of is NRI Legal Services a piece of "hostile" legislation. For the same reason I cannot agree with the learned Attorney- General that in cases like these, we should enquire as to what was the dominant intention of the legislature in enact- ing the law and that the operation of article 14 would be excluded if it is proved that the legislature had no inten- tion to discriminate, though discrimination was the necessary consequence of the Act.
True it is that there is this practical inconvenience but it must also be remembered that such claims will be filed only by purchasers of high-priced goods where the duty component is large and not by all and sundry/small purchasers. Further, there are precedents of this Court to suggest that such arrangement is permissible as a separate channel of admission for in-service candidates. If a legislation is discriminatory and discrimi- nates one person or class of persons against others similar- ly situated and denies to the former NRI Legal Services the privileges that are enjoyed by the latter, it cannot but be regarded as "hos- tile" in the sense that it affects injuriously the interests of that person or class.
Swarnakar, which was a judgment rendered by a three Judge Bench of this Court, various nationalised NRI Legal Services banks were the appellants and batch of matters pertaining to these banks were decided. Even it a party insists on a particular form that would not affect the contract, though it may in certain circumstances disentitle him to specific performance. The other notes in the office file show that the correct date of the two signatures was 6th August, 1947. This practical inconvenience or hardship, as it is called, cannot be a ground for holding that the provisions introduced by the 1991 (Amendment) Act are a device or a ruse to retain the taxes collected illegally and to invalidate them on that ground " assuming that such an argument is permissible in the case of a taxing enactment made by Parliament.
Naidu below his signature has written '6-4-1948'. The period during which the said Scheme was to remain operative varied from bank to bank. Of course, if one's interests are not at all affected by a particular piece of legislation, he may have no right to complain. It is not in dispute that in the PEPSU Roadways the respondents appointment was only on temporary basis. The appellant Nargundkar below his signature has written '6-4- 1947'. The position of the company in the United NRI Legal Services Club case (supra) was similar and, as already stated, that decision can be supported only on this principle.
discrimination is alleged against officials in carrying 325 out the law, a question of intention may be material in ascertaining whether the officer acted mala fide or not(1); But if it is established that the person complaining has been discriminated against as a result of legislation and denied equal privileges with others occupying the same position, I do not think that it is incumbent upon him, before he can claim relief on the basis of his fundamental rights, to assert and prove that in making the law, the legislature was actuated by a hostile or inimical intention against a particular person or class.
if the purchaser wants to apply for refund " it is submitted " he has to go to the place where the duty has been paid by the manufacturer and apply there. 306 There was in that case no carrying on of any business with any outsider. A dispute arising, subsequent to a contract for sale of land, about the particular form in which the warranty of title should be inserted in the sale deed cannot affect the completeness of the contract already made, nor can it amount to a repudiation of the contract when the party who wanted a particular form to be adopted does not persist in it and expresses his readiness and willingness to perform the contract agreed to.
The State Bank of India, constituted under the State Bank of India Act, 1955 and other banks taken over under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 adopted in the year 2000 separately but similar schemes known as the Employees Voluntary Retirement Scheme. It is also pointed out that purchasers may be spread all over India and it is not convenient or practicable for all of them to go to the place of removal of goods and apply for refund.
The question involved in those appeals was whether an employee opting for voluntary retirement under the said Schemes was precluded from withdrawing that offer. The respondents filed the writ petition in 1992 claiming that they were appointed originally in a department of PEPSU described as PEPSU Roadways, between January 1955 and September 1956. Thus understood, the Central Enactment and the Regulations framed thereunder do not provide for reservation for in-service candidates in Post Graduate Degree Courses.
5 of the said Scheme barred an employee from withdrawing the request made for voluntary retirement after once exercising the option. However, in case of the Punjab National Bank, the said Scheme was to remain in operation from November 1, 2000 to November 30, 2000.
