Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
Equivalent citations
P.A. Inamdar & Ors vs State Of Maharashtra & Ors on 12 August, 2005
Ajit Kumar Nag vs G.M.(P.J.)Indian Oil Corporation. ... on 19 September, 2005
substitute for
conventional civil court. It is, therefore, of unavoidable necessity that
the parties be deemed to have agreed by implication that the Arbitrator
would
creation/upgradation of posts of
any level except where completely unavoidable, New
Divisions/offices or reorganization etc., shall not be not
up/done unless absolutely ... have any creation/ upgradation of posts of any level except
where completely unavoidable. The policy was that "the existing vacancies
shall not be filled
manner as to avoid any conflict. However, if the
conflict is unavoidable, and the two enactments are irreconcilable,
then by the force ... such manner as to avoid a conflict. If the conflict
becomes unavoidable, then Article 245 indicates the manner of
resolution of such a conflict.
Thus
excess of the quota may work out hardship but it is
unavoidable and any construction otherwise would be illegal,
nullifying the force of statutory rules
another and a different Judge;
because death or some other unexpected
and unavoidable cause might prevent the
Judge who made the decision from
reviewing
Salem Advocate Bar Association, Tamil ... vs Union Of India (Uoi) on 2 August, 2005
Equivalent
officer to have been
lost or destroyed by natural causes or by
unavoidable accident during transport from the
place of procurement to the applicant