33 the removal -of the ban merely enables the employer to make an order of dismissal and thus avoid incurring the penalty imposed by s. A judgment, it is trite, is not to be read as a statute. As a result of these two enactments the State Governments were given the responsibility of controlling the manufacture of drugs and pharmaceuticals and their sales through qualified personnel and the Central Government was given the control on quality of drugs and pharmaceuticals imported into the country.

In General Electric Co. 33 validates the order of dismissal. (See also Haryana Financial Corpn. N it is stated: (SCC p. We do not think that the subsequent events can be pressed into service for so reviving the contract as to decree its specific performance. Union of India it is human dignity. The condition in that case was that the purchaser would obtain a particular planning consent. 33 that would not be the end of the matter. In Padma Sundara Rao v. Rather power to grant remission of sentence is an act of grace, humanity in appropriate cases, i.

Gupta would submit, deals with uncovered risks which are not in accordance with the policy. The ratio decidendi of a judgment is its reasoning which can be deciphered only upon reading the same in its entirety. But if an industrial dispute is raised on such a dismissal, the, order of dismissal passed even with the requiste permission obtained under s. Similarly, he has also highlighted the words on the gross invoice value of all shipments to which this policy applies occurring is clause 10.

On August 28, 1951, the Calcutta High Court partially upheld the plea and struck down a part of s. The ratio decidendi of a case or the principles and reasons on which it is based is distinct from the relief finally granted or the manner adopted for its disposal. c) In the absence of any provisions under the Income Tax Act, the Tribunal was not justified in holding that upto 31/3/2005 deduction under Section 80IB(10) would be allowable to the projects approved by the local authority having residential building with commercial user upto 10% of the total built-up area of the plot.

(3)In 1948 The Pharmacy Act was passed to regulate the provisions of pharmacy. (1999) 5 SCC 77 which held as under:- 36. It merely removes the ban; and so the validity of the order of dismissal still can be, and often is, challenged by the union by raising an industrial dispute in that behalf. Obtaining that consent was a condition precedent to the contract. 240 of the Government of India Act, 1935, or Art. Gupta, learned senior counsel for the appellant has laid immense emphasis on the words that the insured shall disclose all the facts in any manner affecting the risks insured.

It is clarified by this Court that while exercising such a power, the Executive is not sitting as a Court of Appeal. Once we recognize this aspect of dignity of human being, it does not end with the confirmation of death sentence, but goes beyond and remains valid till such a convict meets his/her destiny. British Railways Board(Sub nom British Railways Board v. (See Executive Engineer, Dhenkanal Minor Irrigation Division v.

distinct, absolute and unfettered in nature (See Shatrughan Chauhan (supra)). 540, paragraph 9) There is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered that judicial utterances are made in the setting of the facts of a particular case, said Lord Morris in Herrington v. Jagdamba Oil Mills) 141. Thus, power to pardon is a part of the constitutional scheme which has been reposed by the people through the Constitution in the Head of the State, and enjoys high status.

In the latter classes of cases, an order of dismissal passed after duly complying with the 827 relevant statutory provisions is final and its validity or propriety is no longer open to dispute; but in the case of s. Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. The effect of compliance with the provisions of s. Anwar Ali Sarkar (1) ; The said deci- sion was challenged by the State of West Bengal before this Court in The State of West Bengal v.

Heron Garage is not authority for a contrary view. It is not as if the permission granted under s. But it is significant that even if the requisite permission is granted to the employer under s. 311(2) of the Constitution. We are clearly of the opinion that at one point of time the contract had stood frustrated by reference to Section 56 of the Contract Act. Therefore, the process/procedure from confirmation of death sentence by the highest Court till the execution of the said sentence, the convict is to be treated with human dignity to the extent which is reasonable and permissible in law.

In exercise of their powers, the President or the Governor, as the case may be, may examine the evidence afresh and this exercise of power is clearly independent of the judiciary. Renusagar Power Co it was held: (SCC p. 33 is thus substantially different from the effect of compliance with s. Riviera Apartments (P) Ltd.