The petitioners argued, (i) A large number of IDENTIFIED POSTS in Groups A and B are filled only through promotion. demarcation between the powers of the Dominion Legislature and the Provincial Legislatures in that behalf was to be found in section 100. k$)  HCA 20; 66 C. Malone(3), the exceptions to the rule Lawyer in Chandigarh
are exceptions which should be allowed only with great caution and in clear cases" Then the above quotation from the judgment of Justice Barton in the Tramways Ca8e(4) was repeated (1)  HCA 33; 11 C.
13) The appellate Court, accordingly, proceeded to examine the case on merits with a view to find out as to whether the plaintiff was able to make out any case under the Act and, if so, whether the decree passed by the Trial Court for arrears of rent holding the defendant to be the defaulter under the Act and further whether the decree for eviction passed against the defendant on the ground of plaintiffs personal need for his residence is legally and factually sustainable and whether it can be held to have been passed in conformity with the provisions of the Act.
(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate Chandigarh
-General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf. Because of the impugned memoranda, the benefit of reservation under Section 33 of the 1995 Act is denied w.
Further, the decision of this Court in Kamal Pushp having considered the application to Section 69(3) itself to Arbitral Proceedings and held that the same will not apply to a Post Award Proceedings, we do not find any merit in the said submission. It is not in dispute that in the present case the appellant tenant remained in possession of the land for the fixed term envisaged in the lease agreement i. Even though the entry mentioned taxes on sale of goods that head was construed to mean in reality a power to tax the transaction and the power to tax the transaction carried with it the power to tax either party thereto.
Though, in the first blush, the submission looks more attractive, on a deeper scrutiny it must be held that it is always well settled that a judgment can be a binding precedent on a question of law, which was canvassed before it and decided. "The Court is not bound by its previous decisions so as absolutely to preclude reconsideration of a principle approved and applied in a prior case, but, as was stated in Cain v. As the lease in question was not a registered instrument and as Section 117 of the Transfer of Property Act has no application to the State of Haryana, in view of the provisions of Sections 17 and 49 of the Registration Act read with Section 107 of the Transfer of Property Act, 1882 the terms of the lease deed would not be admissible in evidence and, therefore, cannot be looked into for the purpose of determining the duration of the lease.
The expression "taxes on sale" was therefore con- strued to include also a tax Advocates in Chandigarh
on purchases of goods, as the transaction resulted in change of ownership from one person to another and was from its very nature a bilateral transaction with a seller on the one hand and the purchaser on the other. Sarathy (supra) relied upon by the learned senior counsel for the respondent.  it was held that in such a situation a oral lease not exceeding one year can Lawyers in Chandigarh
be presumed it must not be lost sight that in Anthony (supra) the lease in question was one under the Kerala Buildings (Lease and Rent Control) Act, 1965, namely, a non-agricultural lease.
In the present case, the lease being admittedly an agricultural lease the same can be deemed to be from year to year in view of the provisions of Section 106 of the Transfer of Property Act. Entry 48 in List II of the said Schedule gave the power to the Provincial Legislatures in respect of "taxes on the sale of goods and on advertisements". from 29th May, 1996 to 28th May, 2005 and even thereafter. Therefore, we are not able to apply the principles laid down in the decision reported in M/s.
Therefore, any interpretation made under the Limitation Act while construing Section 14 to treat Arbitral proceedings on par with civil proceedings cannot be applied to the case on hand. Keeping the said principle in mind when we consider the said submission, we have clearly held as to how a reading of Section 69 as a whole does not permit of any interpretation that would Lawyer in Chandigarh
cover Arbitral proceedings, de hors, filing of a suit in a Court and that too in respect of a right under a contract governed by the provisions of the Indian Partnership Act, especially after the coming into force of the 1996 Act and the proceedings governed by the special features contained in the said Act.
The learned senior counsel then contended that while interpreting Section 14 of the Limitation Act, it was held that Arbitration Proceedings are to be treated on par with civil proceedings. Enterprises (supra) and P.