arbitration clause contained in the draft IPLA and therefore, the
same was unworkable. The letter also expressed the inability of
the arbitrators to appoint ... IPLA is a concluded contract; is the
Arbitration Clause 18.1 vague and unworkable, as observed
by both the Arbitrators i.e. Mr. V.V. Veeder
arbitration clause contained in the draft IPLA and therefore, the
same was unworkable. The letter also expressed the inability of
the arbitrators to appoint ... IPLA is a concluded contract; is the
Arbitration Clause 18.1 vague and unworkable, as observed
by both the Arbitrators i.e. Mr. V.V. Veeder
payments equivalent to 69.4% in respect of a system which was
unworkable as is sought to be potrayed, at this stage, on its behalf ... supplied by Fujitsu Group had defects of the
kind which made it unworkable or rendered it completely useless for the
purposes of MTNL. The Fujitsu
useful to apply the `test of intention' and `test of
unworkability' with their respective contextual reference while determining
the applicability of either
above
formula. Learned counsel submitted that the formula would
become unworkable if the components in the "export turnover"
and the components ... total turnover" under
Section 80HHC(3), otherwise the formula becomes unworkable.
In our view, sales tax and excise duty also do not have
above formula. Learned counsel submitted that the
formula would become unworkable if the components in the
"export turnover" and the components ... TAXAP/1494/2011 ORDER
80HHC(3), otherwise the formula becomes unworkable. In
our view, sales tax and excise duty also do not have any
element
under reservation, allotment
or designation. Even this would render the
scheme unworkable. If the legislature has
opted not to introduce any such limitation ... unjust and render
18
the scheme under the State Act completely
unworkable. That certainly is not the
legislative intent.
140. Thus, in our view, reading
Basant Kumar Singh & Ors vs The State Of Bihar & Ors on 19 September
Bimal Kumar Mandal & Ors vs The State Of Bihar & Ors on 19 September
Jai Kishor Singh vs The State Of Bihar & Ors on 19 September, 2014
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