There is one summary sheet of the payment showing the payment of all the departments including the payment in the quarries as well. In the Cement Works we have got a system of allocation of work for different jobs every day. Anything done while the power subsisted cannot be affected by such repeal. It is done by the Departmental Heads. , repudiation by one party accepted by the other, or frustration. However, if Tahsildar on inspection finds that the plinth area of any residential apartment is above 278.

We are, therefore, of opinion that the Ordinance did not come to an end on the repeal of s. Attendance Register is maintained at the quarry in the same way as it is done in the different departments of the Cement Works. This is not permissible under the Act and the scheme is to levy luxury tax for each residential apartment, plinth area of which is in excess of the limit provided under Section 5A of the Act. 208 which took place in this case was such as was bound to cause a failure of justice and there is, therefore, no question of the application of s.

The commitment is, therefore, bad in law and must be quashed on this ground alone. If the accused did not want to do so, the Magistrate would have done his duty and his way would be clear to proceed further with his intention to commit the accused. For the daily-rated workers we have got different sheets department-wise and there is one such sheet for the daily workers of the quarry as well. 90 710 To the daily-paid workers in the quarries, the cashier of the Cement Works or his Assistant makes payment, when required.

6 (b) of the Jammu and Kashmir General Clauses Act. We are, therefore, of opinion that the breach of s. 537 in these circumstances. Same system prevails in the quarries also. " So that the Supreme Court India Law firms, must be now taken to be that when an arbitration clause is unqualified such a clause will apply even if the dispute involve an assertion that circumstances had arisen whether before or after the contract had been partly performed which have the effect of discharging one or both parties from liability, e.

" In " Russel on Arbitration ", 16th Edn. 6 or, with the consent in writing of the person interested, given in the presence of headman of the village or mukhiya and sarpanch as defined in the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948), at any time after the publication of the notification under section 4 in the village in which the land is situated and with the previous sanction of the appropriate Government, enter upon and take possession of such land which shall thereupon vest absolutely in the Government free from all encumbrances: (2)Whenever it becomes necessary for the purpose of protecting life or property from flood, erosion or other natural calamities or for the maintenance of communication other than a railway communication or it becomes necessary for any Railway Administration (other than the Railway Administration of the Union), owing to any sudden change in the channel of any navigable river or other unforeseen emergency for the maintenance of their traffic or for the purpose of making thereon a riverside or ghat station, or providing convenient connection with or access to any such station, to acquire the immediate possession of any land, the Collector may, immediately after the publication of the declaration mentioned in s.

63, the following test is laid down to ascertain whether an arbitration clause survives after the contract is deter- mined: A law enacted under a Constitution-Act does not lose its vitality and would continue even though there may be repeal of parts of the Constitution-Act under which it was enacted as long as the law 692 is not inconsistent with the Constitution-Act as it emerges after the amendment and repeal of certain provisions thereof.

meters then there is no scope for levying luxury tax. 748 is of no consequence, so far as this conclusion is concerned. The monthly-paid staff of the quarries come to the Cement Office for receiving payment. Tahsildar has demanded luxury tax by clubbing the plinth area of various residential apartments. If this is the reply expected, it makes it all the more incumbent on the Magistrate to inform the accused that he was intending to commit the case and ask him if he wished to produce evidence.

It derives its binding force from the fact that it was within the competence of the legislature when it was passed and being permanent would continue till amended or repealed under the amended Constitution-Act. The Quarry Manager does the distribution as head of that department. There is only one common pay sheet for all the monthly-paid staff, whether he is at the factory or in the quarries. 5 of the Constitution-Act and remained a valid piece of legislation in view of s.

The denial of that right is in our opinion in itself sufficient to cause prejudice to the accused and failure of justice inasmuch as the accused were prevented from leading evidence which might have induced the Magistrate not to frame a charge against them or cancel it. metres, then he can demand luxury tax for such of the apartment or apartments. But when the Magistrate did not intimate to the appellants in this case that he was intending to commit them for trial and proceeded to frame charges and pass the order of commitment forthwith on September 30, he was denying to them their right to produce defence under s.

If plinth area of each residential apartment is below 278.