Showing posts with label same subject matter. Show all posts
Showing posts with label same subject matter. Show all posts

Sunday, 26 March 2017

Golden rules for interpretation if two statutes dealing with same subject matter use different language

It is a settled rule of interpretation that if two
Statutes dealing with the same subject use different
language then it is not permissible to apply the
language of one Statute to other while interpreting
such Statutes. Similarly, once the assessee is able to
fulfill the conditions specified in section for claiming
exemption under the Act then provisions dealing with
grant of exemption should be construed liberally
because the exemptions are for the benefit of the
assessee.
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 2812 OF 2015

Maharao Bhim Singh of Kota
V
Commissioner of Income-tax,
Rajasthan-II, Jaipur 
Dated:December 05, 2016.
Citation:(2017) 1 SCC 554
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Friday, 27 February 2015

Whether a person can file repeated application for information under RTI on same subject?


Answer-i)             The principle of res judicata applies to judicial proceedings and RTI application is not a proceeding,
ii)           The RTI application  is not a free service but a paid service under a right given by Parliament,  
iii)          The PIOs are servants of this democracy paid out of funds contributed by citizens and not masters AND the time and sources belongs to public. They work for   money and still they feel harassed providing information against prescribed fees.
iv)           The Act does not bar  filing of  frequent applications,
v)            An information obtained earlier may be lost at the hands of an applicant and he may require the same again,
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