Firstly, he
completely excluded from consideration the provisions of
sub-clause (ii) of clause (e) of Section 39(1) and did not
either appraise ... forests under clause (e) of Section
39 (1) ? The whether under clause (c) of Section 44 , 15 % is
deductible from the average annual income from
charges made by the licensee shall not exceed on
average 117% ....." in clause 9.1, have ignored the significance of the
words `on average ... clause and also achieves the object of the
clause. We will elaborate the reasons therefor.
Re: Interpretation (i)
16. The first interpretation of clause
electricity purchased from external sources the
clause says that the actual increase in the average unit rate of purchase will
apply, that ... with
respect to the year 1991-92, and similarly in clause 16.10.3.1 the average
cost of fuel in respect of energy generated at Board
consider reasonable is to be taken and
the average calculated. Under the second clause the annual
yield as on the date of vesting ... arrived at on the basis of clause (i) and on the
basis of clause (ii). It is the average annual income from
forest which
which is couched in very
emphatic terms govern not only clause (1), but also clause
(ii) of the Section. Consequently neither of the two factors ... which is couched in very emphatic terms
govern not only clause (i) but also clause (ii ) of section
39 ( 1 ) (e) of the Act. Consequently
discarded.
23. Explanation 1 states that the determination of the average sale price
under Clause (b) must be based on sale deeds or agreements ... Explanation 1 to Section 26(1) is for calculating the
average sale price under Clause (b) to Section 26(1) and not Clause
charges made by the licensee shall not exceed on
average 117% ....." in clause 9.1, have ignored the significance of the
words `on average ... clause and also achieves the object of the
clause. We will elaborate the reasons therefor.
Re: Interpretation (i)
16. The first interpretation of clause
governed by the Hague Rules on account of Clause 2
(General Paramount Clause) or by Clause 9 of BOL would be a question
required ... goods shall contribute to the general average
and shall receive compensation in general average. This clause has
reference to Clause 14 of BOL which provides
Clause (2) of Paragraph 3
provides that while so fixing the price of a bulk drug, the
Government may take into account the average cost ... price of a bulk
drug, the prescription in paragraph 3, clause 2 that the
average cast of production of the bulk drug manufactured
notification.
(iv) For the purpose of Sub-clause (c) of Clause (iii), the average market rate prevailing in the locality shall be determined ... notification.
(iv) For the purposes of Sub-clause (c) of Clause (iii), the average market rate prevailing in the locality shall be determined
