45 and 46, which provide for making of an, application for permit and the contents of such an application. Section 11 which deals with renewal of licences has no comparable words, for it merely says that any licensing authority may on application made to it, renew a licence issued under the provisions of this Act from the date of its expiry. This unilateral obligation on the employer leaves it open to the journalists to agitate for an increase in wages before an industrial tribunal, but it precludes the employer from seeking any alteration under any circumstances.

58 therefore must have a different effect and the contention on behalf of the petitioners is that s. , the test of prejudice or the test of fair hearing. When the Commissioner appointed by the Court went to effect the partition on February 13, 1937, the respondent, who is a brother of Chandanlal, obstructed him, and, on October 8, 1940, he filed a suit for a declaration that the trust deed executed by Govindprasad was a sham document and that the property was joint family property.

Therefore, every violation of a facet of natural justice may not lead to the conclusion that order passed is always null and void. Section 44 provides for the constitution of the State 153 and Regional Transport Authorities. The ultimate test is always the same, viz. Their decisions moreover would not be vulnerable on the ground that the principle of audi alteram partem, i. The Act has provided no machinery 27 for a review or revision of the wage structure even if circumstances changed.

We are not concerned Advocate in Supreme Court of India these cases with ss. Section 48 gives power to the Regional Transport Authority to grant a stage carriage permit in accordance with the application or with such modifications as it deems fit. Such one sided obligation can be appropriate when a minimum subsistence wage is fixed but cannot attach to payment of wages at luxury levels. 58, which deals with duration and renewal of permits and is in these terms: Section 47 sets out matters to which a Regional Transport Authority shall have regard in considering the application for a stage carriage permit.

The validity of the order has to be decided on the touchstone of 'prejudice'. Section 57 provides the procedure in applying for and granting of permits. One of the incidents which applies to a permit is that the Authority is enjoined by sub-s. Section 12 of the Act creates one-sided obligation by making decision of the Board binding only on the employers. Different language used in sub-s. The principle underlying this rule is that the one who is not vigilant and does not seek intervention of the Supreme Court Law firms within reasonable time from the date of accrual of cause of action or alleged violation of constitutional, legal or other right is not entitled to relief under Article 226 of the Constitution.

That is undoubtedly so. 58(1)(a) does not provide specifically for renewals is to be found in the fact that there is s. 49 to 56, which deal with other kinds of transport vehicles. 58(2) specifically providing that an application for renewal shall be made and disposed of as if it were an application for a permit. We may hasten to add that no hard-and-fast rule can be laid down and no straightjacket formula can be evolved for deciding the question of delay/laches and each case has to be decided on its own facts.

10 specifically provides for renewals also for three years and that is not provided in s. 58(2) when it says that an application for renewal shall be made and disposed of as if it were an application for a, permit must mean that all incidents which apply to a permit shall also apply to a renewal application. , no man shall be condemned unheard, was not followed in the course of the proceedings before them I4 106 and the procedure adopted by them was contrary to the principles of natural justice.

On October 25, 1929, Rukhmabai filed a suit against Chandanlal for partition of the said property and obtained a decree. Although the Framers of the Constitution have not prescribed any period of limitation for filing a petition under Article 226 of the Constitution of India and the power conferred upon the High Lawyer Supreme Court India to issue to any person or authority including any Government, directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari is not hedged with any condition or constraint, in the last 61 years the superior courts have evolved several rules of self- imposed restraint including the one that the High Advocate Supreme Court India may not enquire into belated or stale claim and deny relief to the petitioner if he is found guilty of laches.

58 to indicate a period of not less than three years and not more than five years in the permit, so far as its duration is concerned. It also provides that every stage carriage permit shall be expressed to be valid for specified route or routes and sets out the conditions which may subject to any rules, be attached to a permit. Another reason for the High Court's refusal to entertain belated claim is that during the intervening period rights of third parties may have crystallized and it will be inequitable to disturb those rights at the instance of a person who has approached the Court after long lapse of time and there is no cogent explanation for the delay.