Once he ceases to be the owner, he will not be liable to pay the luxury tax. The only argument in this direction, 507 namely, that it is impossible to attribute any intention to the Government to take a mere promise on. Clause 6 in express terms declared that the contracts should be finally concluded in terms of the settlement and no party would have any claim against the other. 177 This note of the Chairman is very revealing and throws considerable light on the question whether particular circumstances were at all taken into consideration by the Wage Board before it arrived at its decision.

The Agricultural Income-tax Officer accepted his claim and exempted the amount from Payment of agricultural income-tax. To elaborate, a person may have a three- storied building and he owns it, then there has to be different computation as per the main part of Section 2(k) and for that it has to be calculated as is done by the revenue authority. 54(4) Of the Act there could be no doubt that in a case like the present, after S1 was declared duly elected to the reserved seat, the votes secured by the remaining three candidates had to be considered before declaring the election for the general seat.

On a fair and reasonable construction Of S. 2,82,192, which he had paid to the Tekari Rai for two lease-hold properties taken on Zarpeshgi lease, as one of the items of the total amount of deduction claimed by him as capital receipt. In our considered opinion, the principle of purposive interpretation of the provision has to be adopted and when such a construction is placed, it serves the legislative intent. 5 it was stipulated that the respondents should hypothecate their moveable and immoveable properties described thereunder to provide cover for the moneys payable to the Government.

It was a self-contained document; it did not depend upon the earlier contracts for its existence or enforcement. The substituted agreement gave a new cause of action and obliterated the earlier ones and if there was a valid defence against the enforcement of the new contract in whole or in part, the party affected must take the consequences. It is then urged that in determining the amount of compensation payable to a retrenched workman the length of his past service has been taken into account, and it is pointed out that schemes of gratuity also provide for payment of gratuity on similar considerations and adopt a similar measure.

In this context we may refer to the decision in State of T. , dissenting) that, S2 was properly and validly declared elected. In his return of agricultural income for the assessment year I944-45 the appellant showed a sum of Rs. No condition either precedent or subsequent was expressly provided; nor was there any scope for necessarily implying one or either. Apart from the fact that we are not satisfied with the argument that the description was indefinite, we do not think that such a flaw either invalidates a document or suspends its operation till the defect is rectified or the ambiguity clarified.

25F was enacted tribunals were adopting similar methods in determining the amount of retrenchment compensation, and so the mere fact that the length of the past service of the retrenched workman is made the basis for computing retrenchment compensation cannot clothe retrench- ment compensation with the character of gratuity. As we have already pointed out, even before s. We do not find any justification for this contention either in the express terms of the contract or in the surrounding circumstances whereunder the document came to be executed.

It was not necessary for him to file two nomination papers for the two seats. 3 the respondents agreed to pay the total amount payable under the three settlements in monthly instalments for the first three months commencing from March 10, 1949, at a sum of Rs. 5,000 and thereafter at a sum of Rs. the part of the respondents to hypothecate their properties "' as satisfaction " and therefore it should be held that the intention of the parties was that there would be no satisfaction till such a document was executed, does not appeal to us.

Clause 4 prescribed that in case of default of any monthly instalment interest would be charged at the rate of 6% per annum and if the instalments defaulted exceeded two in number the Government was given the right to realise the entire amount payable under the three contracts with interest not only from the security but also otherwise. The claims for retrenchment compensation and gratuity proceed on different considerations and it would be impossible to bold that the grant of one excludes the claim or grant of the other.

9,000 per month till the entire amount was paid. The earlier contracts were superseded and the rights and liabilities of the parties were regulated thereunder. But as long as he continues to be the owner, as per Section 5A, he will be liable to pay the luxury tax for all floors/apartments subject to the cap provided under Section 5A of the Act. We are concerned with the expressed intention of the parties and when the words are clear and unambiguous- they are undoubtedly clear in this case-there is no scope for drawing upon hypothetical considerations or supposed intentions of the parties; nor are we attracted by the argument that the description of the properties intended to be hypothecated was not made clear and therefore the presumed intention was to suspend the rights under the new contract till a valid document in respect of a definite and specified property was executed.

The provisions of the Constitution and of the Act show that the election in a double member constituency was held for the whole constituency and not for the seats and a candidate who had filed nomination as a member of the scheduled tribes was entitled to contest for both the seats. The liability was ascertained and the mode of recovery was provided for. A member of the scheduled tribe or caste did not forego his right to seek election to the general seat merely because he availed himself of the additional concession of standing for the reserved seat by making the prescribed declaration for that purpose.

Is there any justification for the contention that the substituted contract should either come into force after the hypothecation bond was executed or that it should cease to be effective if the said bond was not' executed within a reasonable time from the date of the settlement?