From that point of view the salaries paid to secondary school teachers, college and university 67 teachers and employees in commercial firms and banks should be taken into consideration, but the majority had rejected this view. Before, however, they could take delivery from the importers the Government of India issued on April 2, 1958, an order called the " Non-ferrous Metal Control Order, 1958 " hereafter referred to as " the order " in exercise of its powers under s.

" The Order was from the very beginning made applicable to imported copper. In this connection, the High Court has made reference to the several affidavits filed on either side, and the order in which they (1) [1956] INSC 22; [1956] S. In the instant appeal, as a reminder, though repetitive, first we shall dwell upon, in a painful manner, how some of the appellate Judges, contrary to the precedents and against the normative mandate of law, assuming a presumptuous role have paved the path of unbelievable laconicity to deal with criminal appeals which, if we permit ourselves to say, ruptures the sense of justice and punctures the criminal justice dispensation system.

(i) As regards the prevalent rates of wages for comparable employments the nature of work of the working journalists in newspaper establishments could not be compared with other avocations or professions and the rates of wages of working journalists should be fixed only in the context of the financial condition of the newspaper industry. 2010, with special reference to para nos. 3 of the Order which provides in its first sub-clause that " no person shall sell or offer to sell any non-ferrous metal at a price which exceeds the amount represented by an addition of 3 1/2% to its landed cost," and in its second sub-clause that " no person shall purchase or offer to 378 purchase from any person non-ferrous metal at a price higher than at which it is permissible for that other person to sell to him under sub-cl.

On different dates prior to April 3, 1958, they entered into contracts of purchase of copper with importers at Bombay and Calcutta. 2009, with effect from 01. Before the High Court the learned Counsel for the respondent withdrew his prayer for the amendment of sub- para(1) of para 5 of the election petition; with the result the only paragraph on which reliance was placed by the respondent was sub-para (d) of para 5. The Division Bench appreciated the reasoning of the learned Single Judge that the consolidated pension as on 1.

The High Court also noticed the judgment of this Court in Harish Chandra Bajpai's Case (1) and posed the following question for its decision: The next ground of attack against the order of the High Court, under appeal, was that the High Court had erred in coming to the conclusion that there had been a failure of natural justice. 3 of the Essential Commodities Act (Act X of 1955)-referred to hereafter as " the Act ". Thereafter the appellate Bench observed that notwithstanding anything contained in the Regulations of 2010, if any candidate was eligible for promotion under Career Advancement Scheme (hereinafter referred to as ˜CAS) prior to 31.

2006; that it was clear that revision of pay scale would be at the minimum of 50% of the sum of the pay in running pay band plus grade pay so introduced from the year 2006; that the University Grants Commission Regulations of 2010 notified on 30. 2008, the promotion under CAS would be as per Regulations of 2000, as amended from time to time, read with Notification and guidelines issued by the UGC from time to time.

In other words, the amount of compensation has to be determined and computed under the relevant sections of the L. 2006, it was clear that such revised pay scales were to be taken note of in the revision of the pension; that the pay scale was revised pursuant to the Notification dated 12. " Clause 4 is designed to regulate the acquisition of non-ferrous metal by permit only and provides that " no person shall acquire or agree to -acquire any non-ferrous metal except under and in accordance with a permit issued in this behalf by the Controller in accordance with such principles as the Central Government may from time to time specify ".

(3B) The amount paid or deposited under sub-section (3A), shall be taken into account for determining the amount of compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under section 11, the excess may, unless refunded within three months from the date of Collectors award, be recovered as an arrear of land revenue. In this order " non-ferrous metal " was defined to mean " imported copper, lead, tin and zinc in any of the forms specified in the Schedule of the order.

It further observed that the promotion in the selection scale could not be nullified, even if it was given prior to the Notification of 2000 and if any Teacher/Librarian/PTI was given Selection Scale prior to the enforcement of the Regulations of 2010, it was not necessary for him to be considered for again giving the Selection Scale in accordance with the Scheme of the Regulations of 2010 as the Regulations did not take away the Selection Scale awarded under the earlier provisions.

Elucidating the reasons ascribed by the learned Single Judge, the Division Bench stated that since the pay scales were revised with effect from 01. 2006 should not be lower than 50% of the minimum pay of the post in the running pay band plus grade pay introduced w. Comparison, could, however, be made within limits, namely with respect to alternative employments available to persons with similar educational qualifications in particular regions or localities.

Paraphrased differently, even where the urgency provisions contained in Section 17 are resorted to, ordinarily the provisions of Section 5A have to be adhered to, i. inviting and then deciding the Objections filed by the landowners. The price was controlled by cl. A reading of sub- Section (4) sounds the death knell to the arguments put forward for the Respondent State, inasmuch as it allows the option to the appropriate Government to make the provisions of Section 5A inapplicable.

8, were applicable to the Teachers, who were in active service; and that these Regulations did not have any retrospective effect.