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cesses or fees which, immediately before the commencement of NRI Legal Services - https://lexlords.com/nri-legal-services-in-chandigarh/ this Constitution, were being lawfully levied by the Government of any State or NRI Legal Services - https://lexlords.com/company-incorporation-and-llp/ by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that (1) Infra p. Tulsi, learned senior counsel, has drawn inspiration from the aforesaid authority as Shiv Kumar (supra) has been referred to in the said judgment and the Court has made a distinction between the role of the public prosecutor and the role of a complainant before the two trials, namely, the sessions trial and the trial before a Magistrates Court. Treating it to be unfair would amount to an undesirable state of pink of perfection in procedure. Held, (repelling the contentions) (i) that the Parliament had such power vide the judgment delivered in Case No. We have referred to the aforesaid authorities to illumine and elucidate that the delay in conclusion of trial has a direct nexus with the collective cry of the society and the anguish and agony of an accused (quaere a victim). The relevant clauses of the PPA have been examined. , I do not see any harm befalling the nation, if the judgment of the High Court is to become final. An absolute apple-pie order in carrying out the adjective law, would only be sound and fury signifying nothing. There are discrepancies in recording of prior information, resulting in violation of mandatory requirement of Section 42 of the Act. Though in view of what we NRI Legal Services - https://lexlords.com/ have held above, it may not be necessary to consider this argument yet we feel that since it arises out of this case and being a pure NRI Legal Services - https://lexlords.com/landlord-tenant-disputes-management-nri-property-in... question, the same can be decided in this appeal. Having paid the annual fixed cost for the said capacity, GUVNL has a right for an equivalent amount of electrical output. 1 The PPA was executed on 30. In this context, reference is also made to the CERC (Terms and Conditions of Determination of Tariff) Regulations, 2004. Learned counsel for the appellant has taken the Court through the evidence on record and submitted that conviction and sentence awarded to the appellant was unsustainable. Decidedly, there has to be a fair trial and no miscarriage of justice and under no circumstances, prejudice should be caused to the accused but, a pregnant one, every procedural lapse or every interdict that has been acceded to and not objected at the appropriate stage would not get the trial dented or make it unfair. It follows that the amendment of section' 2 clause (14-A) of the Indian Act, by the Finance Act, 1950, so as to authorise the levy of tax on income accruing in the territory of Rajasthan in the year 1949-50 is within the competence of Parliament and therefore valid. It is quite clear that under the PPA, GUVNL has an obligation to pay an annual fixed cost for the allocated capacity, which is 300 MW. a law made by the legislature of a State, etc. -47, and statement of PW4 to submit that information was received one or two days prior to 26th February, 2004 during investigation of an earlier case while it was recorded only on 26th February, 2004 and not immediately. At least in these areas of litigation, the time worn cliche we are not final because we are infallible, but we are infallible only because we are final might as well be extended to the decisions of the High Courts which are equally constitutional courts. 277 authorises the continued levy of taxes lawfully levied by the Government of the State before the commencement of the Constitution and their application to the same purposes as before, even after the Constitution came into force, there is nothing in the article to warrant any implication that such taxes should continue to be levied, assessed and collected by the same State authorities as before the Constitution and there is nothing in Art. The purpose of paying annual fixed cost is to ensure that GUVNL alone has the right to the said capacity and that no part of the same can be sold to any other party. Before we part with this judgment, it appears to be necessary to draw attention of all concerned to a vital issue of composition and functioning of Tribunals and statutory framework thereof especially its impact on working of this Court and in turn on the rule of law. Reference was made to intelligence note, Ex. xxxx Coming to matters where the rights and obligations of the parties are purely founded upon a NRI Legal Services - http://lexlords.org local law i. 277 to preclude Parliament making a law providing for the levy and collection of income-tax and super-tax under the Mysore Act'through authorities appointed under the Indian Income-tax Act. 45) This takes us to consider the third argument of Mr. It is true that 41 the normal industry practice is that unless the allocated capacity, for which fixed charges are being paid by the beneficiary is surrendered, the beneficiary has the ability to sell/ negotiate any transaction for utilisation of such allocated capacity. 1996 and effective for a period of 20 years. 296 of 1951, (ii) that while Art. Shekhar Naphade, learned senior counsel for the appellants.