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Call for Nominations: Young Black Detroiters Making History 2023
by: The Skillman Foundation | Jan. 12th, 2023
Graphic design by featured artist, and 2022 honoree, Alexis Bagley
To celebrate Black History Month, The Skillman Foundation is looking for nominations of youth for our annual 20 Black Detroiters Making History campaign. The campaign celebrates Black Detroit youth making a difference in their communities.
Detroit's Black History is astounding. Black Detroiters have been on the forefront of the movements, art, culture, and ingenuity that we and the nation at-large celebrate in February and all year round. Now, we want to show the future of Detroit's Black History.
We will highlight Black youth excellence that makes the world a better place. Young people engaged in service, organizing, leadership, and support in their communities will be honored throughout February 2023. See our past honorees from 2021 and 2022.
To qualify, nominees must reside in Detroit and be under 25 years old.
To nominate extraordinary young Detroiter, please complete the nomination form below.
Nominations are due by 5:00 P.M. on Friday, January 27, 2023. Questions? E-mail aborromeo@skillman.org.
Nomination Form - Young Black Detroiters Making History
Your E-mail Address(Required)
This is the e-mail address we will use to contact you if we have updates or questions about your nomination.
Nominee's Name(Required)
Nominee's Age(Required)
Nominee's must be 25 years or younger to qualify.
Are they a Detroit resident?(Required)
Nominee's must be a Detroit resident to qualify.
In a few sentences, share why you are nominating them. How are they serving, organizing, leading, or supporting in their community? How are they making history?(Required)
Please upload a photo of your nominee that has been approved to share on social media by the youth(s) (and their parent(s) or guardian(s) if they are under 18 years old)(Required)
Best way to contact nominee (e-mail or phone, if it is a parent/guardian's contact information please indicate below):(Required)
We will notify you in the coming weeks if your nominees have been selected to participate in the campaign. For questions about the campaign or the nomination process, email aborromeo@skillman.org.
A voice for children since 1960, The Skillman Foundation is a private philanthropy that serves as a fierce champion of Detroit children. The Foundation works to ensure Detroit youth achieve their highest aspirations by strengthening K-12 public education, afterschool learning opportunities, and college and career pathways.


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Q: Selecting random IDs from another table....confused about LATERAL JOIN I'm trying to get a handle on generating random data in Postgres, and find I'm misunderstanding something about LATERAL JOIN. Building on some help I got earlier, I've got some code that's trying to:
-- Generate a series of numbers
-- Generate timestamps on the hour matching the number sequence
-- Generate a random(ish) score in a roughly normal distribution for each row
-- Pick an ID randomly from a table in the database.
This last bit is not working. When I run the script shown below, I get a random value for the facility_id, but every row has the same random value. I'd like the random ID assigned on each row, not once globally for the whole run. In procedural thinking, the facility_id is being assigned before the loop, and I want it assigned in the loop. I thought that LATERAL JOIN would help me out here, but
WITH facilities_count AS
(SELECT count(*) from facility)

 SELECT hour_number AS id, -- Get numbers in sequence.
       '2019-01-01 00:00'::timestamp + interval '1 HOUR' * hour_number AS stamp, -- Get hours in sequence
        ABS(TRUNC(normal_rand(1, 0, 1) * 100)) AS score, -- Create a random score in a ~normal distribution.
       random_facility.id

 FROM (SELECT * FROM generate_series(1,8760,1) AS hour_number) generated_numbers

 LEFT JOIN LATERAL
      (SELECT id
          FROM facility
        OFFSET floor(random() * (select count from facilities_count))
         LIMIT 1) random_facility
            ON true;

I thought that a subquery might work, but I also get a single value across all rows for the facility_id with this code:
WITH facilities_counter AS
(SELECT count(*) from facility)

 SELECT hour_number AS id, -- Get numbers in sequence.
       '2019-01-01 00:00'::timestamp + interval '1 HOUR' * hour_number AS stamp, -- Get hours in sequence
        ABS(TRUNC(normal_rand(1, 0, 1) * 100)) AS score, -- Create a random score in a ~normal distribution.
         (SELECT id FROM facility OFFSET floor(random() * (select count from facilities_counter)) LIMIT 1)

 FROM (SELECT * FROM generate_series(1,8760,1) AS hour_number) generated_numbers;

I haven't listed the facility table definition, but the only field that matters above is id, so any table would work the same way.
In case it makes any difference to the answer, once I can figure out the solution to this problem, I'd like to then use the random facility_id on each row as an input to select something else out of another table.
Thanks for any help. I'm working on this not just to get the solution, but to try and get a better mental model of how the various tools work. I'm (obviously) not at the point where I can read code like the above and predict in my head how it will behave. Getting to that understanding is kind of fundamental to figuring out how to solve problems on my own. Put another way, I'm not only trying to solve this problem, I'm trying to reduce my mental gaps generally.
Premature Optimization
I'm editing my question as I need to post more code.
Ha! Glad to see I'm not the only one accused of having premature optimization problems ;-) That's something that can be hurled in anger in a design or review session, to be sure.
I think what you're showing is that the id is used in an expression, which makes its outcome indeterminate. And here's where I live and relearn that I I should post my table structure. Our id fields are UUIDs. I've attempted to hack together something that would use the UUID in an expression, but it does not change the behavior.
where left(id::text,1) <> 'X'   -- prevent premature optimization
The premature optimization you describe, and the workaround to defeating it, are not behaviors I could predict. Because gaps. I've tried running my code with the left expression through explain (costs off), and I get this kind of output:
  CTE facilities_counter
    ->  Aggregate
          ->  Seq Scan on facility
  InitPlan 3 (returns $2)
    ->  Limit
          InitPlan 2 (returns $1)
            ->  CTE Scan on facilities_counter
          ->  Seq Scan on facility facility_1
                Filter: ("left"((id)::text, 1) <> 'X'::text)
  ->  ProjectSet
        ->  Function Scan on generate_series hour_number```

I'm unclear from the output how I would distinguish the behavior you describe, which is still present here (?)

A: This is a premature optimization problem. Postgres forsees that the subquery would return a constant value and optimizes it away.
A solution is to force it to execute the subquery for each record, by adding some condition that will always evaluate as true but that Postgres will not understand as such.
Consider:
with facilities_counter as (select count(*) from facility)
select
    hour_number as id, -- get numbers in sequence.
    '2019-01-01 00:00'::timestamp + interval '1 hour' * hour_number as stamp,
    abs(trunc(normal_rand(1, 0, 1) * 100)) as score,
    (
        select id
        from facility
        where id <> -1 * hour_number   -- prevent premature optimization
        offset floor( random() * (select count from facilities_counter))
        limit 1
    )
from (
    select * from generate_series(1,8760,1) as hour_number
) generated_numbers;

Demo on DB Fiddle

redpajama_set_name: RedPajamaStackExchange


text:
Q: How do I restore admin access?
Possible Duplicate:
How do I add myself back as a sudo user?

I'm thinking that I've lost su/root access to my system but wanted to throw this question out to see if there was any hope left.
My own personal account was the first to be created upon installing Ubuntu and this the only Administrator. A few other accounts were created but as standard users.
The system was to be given to one user and all other users removed including my own account. I thus removed everyone from the system except the user that was going to own the system nor my own (because I was logged on). So under the other account, I was going to attempt removing my own "administrator" account and make the remaining user the admin.
I did something horribly wrong which was demote myself to standard user, and then now obviously, cannot not not only remove my own account, but make the remaining user the admin. I tried a few things like going to recovery mode, looking for info on how to reset root password... but nothing. Any ideas?


text:
A Concert of Musical Reflection
It's hard to believe that many Catholics in Toronto are not aware of one of our greatest treasures: The St. Michael's Choir School. I would say that the Choir School is not just a treasure of the Church, but a treasure of our city.
Dating back to the early 1900s, with the St. Michael's Parish School at 69 Bond St., the Cathedral Sanctuary Choir was founded by Monsignor John Ronan, Rector of the Cathedral. In 1937 an elementary school was established for the Cathedral choirboys. The official name of the school at the time was "Cathedral Schola Cantorum." On May 17, 1955, St. Michael's Choir School became affiliated with the Pontifical Institute of Sacred Music in Rome – one of only six other choirs and choir schools in the world that share that privilege. In 1987, in recognition of the Choir School's fiftieth anniversary, Toronto Mayor Art Eggleton, declared June 15, 1987, as the official St. Michael's Choir School Day.
From the very beginning the school has provided parishes in the Toronto Diocese and beyond with organists, cantors, conductors, and professional singers. Some well-known alumni include John McDermott, Stewart Goodyear, Michael Burgess, Matt Dusk, Claude Morrison of the Nylons and Kevin Hearn of the Barenaked Ladies.
Many of us are familiar with the Choir's music during the weekly Sunday Mass at St. Michael's Cathedral (and the choir cantors during the daily televised Mass), but not many know that the choir performs outside of the Cathedral as well. In particular it is worth noting that the St. Michael's Choir will be offering several Christmas concerts this December in Cobourg, Peterborough and Hamilton, concluding with two evenings at Toronto's Massey Hall, December 12 and 13. In April, they will be at Roy Thompson Hall in Toronto. This is no small-time choir! For more information on the Choir School's Performance Schedule visit: www.smcs.on.ca/concerts.htm
For the last 5 years, we've been interested in partnering with the St. Michael's Choir on a project and finally that time has come. This coming Friday, October 24th, S+L will be taping the North American Premier of St. Matthew's Passion, composed by the Most Reverend Hilarion Alfeyev, Russian Orthodox Archbishop of Vienna, who will be in attendance. Guest soloists include Soprano Wanda Thorne and Bass Robert Pomakov, as narrator. The Choir will be accompanied by a 20-piece string orchestra, conducted by Dr. Jerry Cichocki.
We invite all of you in the Toronto area, to join us for this memorable occasion, this Friday at 7:30pm ET, at St. Paul's Basilica, 83 Power St. (Parliament and Queen). Admission is free!
For more information, visit www.smcs.on.ca or call 416.972.9494.
If you miss it, it will be broadcast on S+L TV during the 2009 Lenten Season.

redpajama_set_name: RedPajamaCommonCrawl


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There are so many things we are thankful for here at Lutheran Social Ministries of New Jersey, starting with the residents and participants of our programs and those who help support our efforts. This month we are celebrating Thanks #Giving Tuesday on November 27th so we wanted to kick-off the month by sharing our residents and program participants giving a special message to our gracious donors. Thank you! Please remember our organization on November 27th.


EU votes for mandatory conflict minerals requirements.
The European Parliament unexpectedly voted to require mandatory conflict minerals certification by companies in the European Union (EU).
The European Parliament voted 402 in favor versus 118 against with 171 abstentions on a proposal to require companies, including electronic firms, that buy gold, tantalum, tin and tungsten to certify imports do not provide financial support to conflict. The regulation applies to all high risk areas of the world, of which the Democratic republic of Congo and the Great Lakes area are the most obvious examples.


Fifty years ago, Canada celebrated its centennial, and is usual for our national holiday, festivities at City Hall triggered streetcar diversions.
In those days, the standard bypass for Queen cars was eastbound via Adelaide and westbound via Richmond. Adelaide has long been out of service except for a short stretch of track between Victoria and Church, and although Richmond has been rebuilt, there is no overhead yet between Victoria and York Streets. The abandoned track on Adelaide will be removed in 2021 according to current plans, but this is likely co-ordinated with whenever the City gets around to repaving the street after the many, many condo and office construction projects that have left it a pothole filled ruin.
Adelaide closed "temporarily" to permit the construction of the Bay-Adelaide centre, a project that itself sat incomplete for years thanks to a downturn in demand for office space. Over the years, with the track inactive, more construction blockages and related track cuts occurred, and any thought of reactivation vanished.
As a look back, here are photos of the diversion from July 1, 1967. Many of the buildings in these pictures no longer exist, a few have been cleaned off, and several vacant lots are no more.


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U.S. prepares to slap tariffs on remaining Chinese imports, which could add levies on roughly $300 billion in additional goods
Days after both countries had raised hopes of a deal, Trump and Xi instead escalate their tariff war
President Trump on May 13 said a trade deal with China was "95 percent" done when the U.S. increased tariffs on Chinese imports.
David J. Lynch,
David J. Lynch
Financial writer covering trade and globalization
Taylor Telford,
Taylor Telford
Reporter covering national and breaking news
Damian Paletta and
Damian Paletta
Reporter covering economic policy
Gerry Shih
Interim Beijing bureau chief
May 13, 2019 at 10:34 p.m. UTC
The United States and China traded blows on Monday in the latest escalation of their tariff war, unnerving Wall Street and threatening to draw American consumers into the fray for the first time.
Both nations, which just days earlier had anticipated sealing a comprehensive commercial deal, instead took steps to raise new trade barriers. In Beijing, the Chinese government announced plans to impose tariffs on $60 billion worth of American products in retaliation for U.S. tariffs that President Trump increased on Friday.
Trump, meanwhile, began the process of expanding U.S. tariffs to cover all $540 billion in Chinese imports — a potentially seismic jolt to the global economy that is expected to raise prices for everyday products such as cell phones, sunglasses, cameras and televisions.
"There will be price hikes at Target, Costco, Home Depot and Walmart," said Nelson Dong, a partner with Dorsey & Whitney in Seattle. "The importers are going to pass on some or all of the tariff to the consumer and that will become much more readily apparent and harder to mask."
With hopes fading for an early resolution of the year-long U.S.-China trade dispute, the president said he would meet Chinese President Xi Jinping at the G20 leaders summit in Osaka, Japan, on June 28-29. Treasury Secretary Steven Mnuchin told CNBC that the two sides remained in "ongoing" negotiations.
"I love the position we're in," the president told reporters.
Investors were less impressed, sending the stock market to its worst one-day performance in months. The Dow Jones industrial average, which was down 719 points at its low, ended the day down more than 617 points or 2.4 percent to close at 25,324.99. All 30 Dow stocks lost ground.
In the game of "Trade Wars," perhaps the winning move is not to play.
During an early afternoon appearance in the Oval Office with Hungarian Prime Minister Victor Orban, the president appeared unfazed by the market jitters.
He boasted incorrectly that the federal government is collecting "hundreds of billions of dollars" in tariff revenue and said he planned to use $15 billion of that amount to bail out farmers suffering from lost sales to China.
"Our farmers will be very happy. Our manufacturers will be very happy. Our government will be very happy," Trump said. "It's working out very well."
In fact, the Treasury Department has collected $39 billion in customs duties over the first seven months of the current fiscal year, roughly $18 billion more than in the same period one year earlier.
Industry groups also proved hostile to the president's latest action. Most industries have cheered the president for confronting China over its pilfering of trade secrets and market-distorting policies. But executives have grown increasingly restive as the tariff toll has mounted.
"This is a self-inflicted wound that will be catastrophic for the nation's economy," said Rick Helfenbein, president and CEO of the American Apparel & Footwear Association. "By tightening the noose and pulling more consumer items into the trade war, the President has shown that he is not concerned with raising taxes on American families, or threatening millions of American jobs that are dependent on global value chains."
Trump's go-it-alone approach on trade, immigration poses risks
After a tweet from an editor of the Global Times, a Chinese state-affiliated publication, suggested that China might cease purchases of U.S. agricultural products and reduce Boeing orders, the embattled aircraft maker told CNBC it was confident the two sides would reach "an agreement that benefits both U.S. and Chinese manufacturers and consumers."
Boeing's stock price fell by almost 5 percent on Monday.
The sense of deepening confrontation between the world's two largest economies represents a sharp contrast to last week's expectations of an imminent deal. The president said Monday that the two sides had completed "95 percent" of an agreement before talks broke down.
After concluding that the Chinese were reneging on terms they had agreed to during earlier bargaining rounds, Trump last week opted to more than double tariffs on $200 billion in Chinese imports.
Shortly after the finance ministry announced the retaliatory tariffs, an anchorman for state television read an official government commentary in a live prime-time segment.
"If we discuss, our door is always wide open; if we fight, we'll fight to the last," CCTV anchorman Kang Hui said. "The U.S.-initiated trade war with China is just a hurdle in China's development process. It is no big deal. China must strengthen its confidence, overcome difficulties, turn crisis into opportunity, and fight to create a new world."
The nationalistic notes Kang struck quickly became the most searched subject on Chinese social media Monday evening.
That tariff increase to 25 percent from 10 percent took effect on Friday. The tariffs Trump set in motion on Monday would hit an additional roughly $300 billion in imports, leaving almost no products from China entering the United States without incurring a tax.
Trump frequently claims that the Chinese are paying the tariffs, insisting in a tweet on Monday "there is no reason for the U.S. consumer to pay the tariffs." Of the 25 percent levy, he claimed "4 points were paid by the U.S., 21 points by China," an apparent reference to a 2018 study by a team of Swiss and German economists.
That research relied on evidence from the 1990s rather than looking at what actually happened after Trump imposed the tariffs, economists said. More recent empirical studies concluded that Americans are paying the tariff tab.
"Using standard economic methods, we find that the full incidence of the tariff falls on domestic consumers, with a reduction in U.S. real income of $1.4 billion per month by the end of the 2018," concluded a March paper by economists from the Federal Reserve Bank of New York, Princeton University and Columbia University.
"This is not some kind of macroeconomic crisis or huge shock," said economist Mary Lovely of Syracuse University. "But it is going to be tough on lower-income households."
Trump's tariff comments clashed with those of National Economic Council Director Larry Kudlow, who acknowledged in an interview on "Fox News Sunday" that Americans will suffer.
"In fact, both sides will pay. Both sides will pay in these things," Kudlow said.
The president is encouraging companies to relocate production from China to the U.S. or another country like Vietnam, which is not affected by the new tariffs. But switching suppliers is costly and time-consuming, say some business leaders, who fear the administration's goal is to unravel the commercial links between the U.S. and China.
"Not only is there no deal, but the barriers are going up and the decoupling pressures are going to be even greater," said Rufus Yerxa, president of the National Foreign Trade Council.
With talks at a standstill, at least for now, investors and executives are settling in for a longer fight. If Trump did hit all Chinese imports with a 25 percent tax, U.S. economic output would shrink by at least $120 billion "as companies would have to rebuild entire supply chains," Ian Shepherdson, chief economist for Pantheon Macroeconomics, wrote in an investor note.
Corporate earnings, the key to stock prices, would drop around 10 percent, he added.
Still, despite Monday's market slide, investors continue to expect the two sides to eventually reach a deal, Shepherdson said.
That might require the personal intervention of the two presidents.
"Ultimately, this is a political decision for the president and not an economic decision," said Ely Ratner, executive vice president of the Center for New American Security. "Does the political benefit of standing up to China change as the tariffs bite the economy? That's the fundamental question."


The V60 Drip Scale by Hario measures the amount of coffee beans, hot water and extraction time needed for making a perfect hand drip coffee. This battery-operated scale is ideal for improving accuracy when preparing pour over coffee. View the scale in action.
Incremental measurements 2-200g, 0.1g accuracy; 201-500g, 0.5g accuracy; 501-2000g, 1g accuracy.
See the range of filter coffees, roasted here in Hong Kong, to brew with your Hario V60 Drip Scale.
For more coffee brewing gear for home in Hong Kong, Redback Specialty Coffee can advise you, or look further into our collection.
Copyright © 2019 Redback Coffee .


Ms. Jhee is Director of Web and Strategic Communications at the Joan Ganz Cooney Center, where she leads its digital media and publication efforts.
She is a writer, editor, and interactive producer with more than 10 years of experience creating and distributing educational and documentary content for organizations including POV Interactive, the award-winning website for the independent documentary series on PBS, the Columbia Center for New Media Teaching and Learning, Science Bulletins at the American Museum of Natural History, and Picture Projects. Catherine's interest in children's media research began as an undergraduate at Duke University. She received an MAH from the University at Buffalo in Comparative Literature and Media Studies and an MS from the Columbia University Graduate School of Journalism. She has taught courses on documentary video production and filmmaking at the University at Buffalo and interactive design at the Cooper Union School of Art.
How Do You Find the Best Educational Apps?


I ❤ shoe talk. I loove buying running shoes. Mostly, because they are the easiest to buy. I know what fits and I do not care as much about how they look.. I use the Brooks Ghost since last summer, but now I run in Nike Pegasus most of the time, because they are gtx, and that's perfect for snow. I don't enjoy buying other shoes because then, I always have to try on two many pairs to find one that truely fits. And I love high heels as long as they are comfy.
I myself am a Mizuno girl. Was fitted with them back when I started running in 2007. Love them! Isn't it the best when you find "your shoe"?? Happy Friday!!
I LOVE Brooks as well but never tried the Ghost. I will have to look into those. Where do you normally shop for yours? I have been hitting The Sports Medicine Store in OP.
I buy all of my running shoes at Gary Gribbles. I have been dedicated to that store since I was just a beginner!!
Shoes make me happy 🙂 I'm a Brooks girl also, and love my Adrenaline 11's. I have 3 pairs just in case the 12's don't make happy anymore!!
I buy multiples as well….I have had times where I was NOT a fan of the updated versions!! Brooks 4 life. hehe!
I love shoe shopping with you! I just wish you had smaller feet or I had larger feet so we could share, because your shoe collection is redic!
I currently have the Brooks Ravenna 2! It's a good one!! Brooks has just came out with the 3…I'm looking for the 2 everywhere on sale to get one more pair.
Lately I've been in search of some fun purple wedding shoes, so if you've seen something cute please let me know.
But nine times out of 10, I'm either in my Merrel barefoot shoes or Vibrams.
Did it take a long time for your Reva's to get broken in? I've bought a couple of pair and they all kill so I never wear them!
I'm with you about my favorites being the running shoes! I used to wear Brooks. I don't know why I switched to Mizunos.
P.S. I liked you on facebook. I think I'm going to ask my readers to like my page too. My mom and my sisters really are my only fans!
I got those Louboutins for Christmas and LOVEEEEEEEEEE them! Aside from those and a minor Tahari & Coach flat addiction (I've gone through 3 pairs – once I wear one out, I rush out to buy a new one) I absolutely love my AdiZero running shoes. Hot pink, light weight, comfortable… what's not to love?!
Shoes are so important. I once tried to divorce my Mizunos. Guess I needed to sow my wild oats. Not a good idea. I found my way back, but not before Minzuo messed up the Wave Rider 14 model. That was really bad. But, let me tell you the Wave Rider 15 is back and better than ever. I heard a worker at Garry Gribbles say your running shoes should feel like house slippers. My Mizunos do. Love them!! In the midst of my break up with Mizuno about a year ago I did try the Brooks Ghost and they were great. My tip toe running was just more than they could handle. So we are back together FOREVER! Love your blog and love those Tory's too!
You know Stacy, I went went with the Mizunos, but found they didn't hold their shape very well. Although I loved the look of the shoe, I had to find something that would give me the structure I needed. I trained for St. Louis last year in my saucony's and I aboslurely LOVE them. I tend to run on the outside of my feet (thus the hip problems!) and the saucony really holds it's shape. I think I have finally found my sole mate!!


BERLIN, Nov. 8, 2018 /PRNewswire/ -- Travelzoo® (NASDAQ:TZOO), a global publisher of exclusive offers and experiences for members, has been named Best Travel Deal Provider in Germany for the second consecutive year by ServiceValue GmbH, Germany's largest analysis and consulting company in service quality and customer-relationship management. The award is based on the results of Germany's most comprehensive service-ranking consumer survey: the Service-Champions.
The Service-Champions survey is conducted by ServiceValue GmbH in cooperation with the German national newspaper Die Welt and Goethe Universität Frankfurt am Main, to determine which companies have the highest levels of customer satisfaction. More than 1.5 million customer opinions regarding 3,016 companies across 327 industries were analysed in compiling this year's results.
Christian Smart, General Manager of Travelzoo in Germany, said: "We are honored to win this award for the second year running. Our 250 deal experts all over the world work around the clock to offer our members the most attractive travel and entertainment deals, as well as an exceptional customer experience."
Winners of 2018 Service-Champion Awards in other categories include Adidas, Douglas, FC Bayern Munich, Lufthansa, Samsung and Sony.


text:
Home » Landmarks » M/s Sharma Transport Rep.by Shri D.p.sharma Vs. Government of A.P. & Ors
M/s Sharma Transport Rep.by Shri D.p.sharma Vs. Government of A.P. & Ors
IN SUPREME COURT OF INDIA
Appeal (civil) 4998 of 2000
M/S SHARMA TRANSPORT REP.BY SHRI D.P.SHARMA …PETITIONER
GOVERNMENT OF A.P. & ORS. …RESPONDENT
DATE OF JUDGMENT: 03/12/2001
BENCH:
B.N. Kirpal, K.G. Balakrishnan & Arijiy Pasayat
[C.A. No.4999-5008/2000, C.A. No. 5009/2000, C.A. No.5010/2000, C.A. No.5011/2000, C.A. No.5012/2000]
J U D G M E N T
ARIJIT PASAYAT, J.
These appeals relate to a common judgment of the Andhra Pradesh High Court by which challenge to Notification issued by the State Government in G.O. Ms. No.83, Transport, Roads and Buildings (Tr.II) Department dated 5.6.2000 was rejected. By the said Notification issued under clause (b) of Section 9(1) of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (in short 'the Taxation Act') an earlier order dated 1.7.1995 issued by the Transport, Roads and Buildings (Tr. II) Department, was cancelled. The appellants who are operators of tourist buses originating from Karnataka State (their home State) and plying in adjacent States including the State of Andhra Pradesh filed the writ petitions assailing the legality and constitutional validity of the said Notification dated 5.6.2000.
Case of the appellants as canvassed before the High Court and reiterated in this Court is essentially as follows:
Vehicles of the appellants are covered by the tourist vehicles permits issued by the State Transport Authority, Karnataka under Rule 64(1) of the Karnataka Motor Vehicles Rules and the authorization certificates issued by the same authority under the Motor Vehicles (All India Permit for Tourist and Transport Operators) Rules, 1993 (in short 'permit rules) and also the recognition certificates issued by the Director of Tourism, Bangalore under the said Rules. By virtue of these permits and certificates, tourist vehicles of the appellants are authorized to ply in certain contiguous States including the State of Andhra Pradesh. Central Government after discussions with the State Governments and with their consent formulated policies in the matter of concessions to be extended to tourist vehicles. A Notification dated 1.7.1995 was issued pursuant to a directive of the Central Government and its withdrawal is clearly unconstitutional. Rule 1(4) of the Permit Rules makes it clear that the conditions prescribed in Rules 82 to 85A of the Central Motor Vehicles Rules, 1989 (in short 'the Central Rules') do not apply to permits granted under the scheme governed by the Permit Rules.
Therefore, in the garb of levying taxes on fares and freights, the directives of the Central Government are being violated and the same is impermissible.
With reference to Articles 73, 256 and 257 of the Constitution of India 1950 (for short 'the Constitution'), it is submitted that the directives of the Central Government are binding and the withdrawal Notification i.e. G.O.Ms.No.83 dated 5th June, 2000 is clearly illegal. With reference to Entry 35 of List III of the Seventh Schedule, it was submitted that the earlier Notification was in accord with the said entry. Section 88(9) of the Motor Vehicles Act, 1988 (in short 'the Act') throws considerable light on the controversy and similar is the position in respect of Section 88(14) of the Act. State Legislature has no competence to rescind or reverse the Notification conferring the benefits of concessional rate of tax to tourist operators. State law cannot go counter to the directives of Central Government on this subject. Therefore, the impugned Notification is beyond the legislative power which the State derives under Entry 57 of List II of the Seventh Schedule to the Constitution, in view of the express language used in Entry 35 of List III and also by virtue of the mandate contained in Article 254 of the Constitution. A plea of promissory estoppel was also pressed into service. It was submitted that the withdrawal of the concessional tax is an instance of arbitrary exercise of power which is not backed by any relevant consideration. Article 256 of the Constitution obligates the State to exercise its executive power to ensure compliance with the laws made by Parliament. Therefore, the impugned Notification could not have been withdrawn. In any event, after the withdrawal of the Notification there was a repeal of the relevant provision and without an operative Notification, taxes cannot be charged. Lastly, it was submitted that the action is clearly violative of guarantees and protections provided by Article 301 of the Constitution. It is to be noted that except the last stand indicated above, all other stands were examined by the High Court and negatived.
It was submitted by learned counsel appearing for the appellants that reliance placed by the High Court on the decision of this Court in B.A.
inappropriate as factual and legal background involved are different. In any event, some of the observations made in the said case need re-consideration in view of what has been stated by a 7-Judge Bench in The Automobile SCR 491).
Learned Solicitor General appearing for the Union of India stated that the letter dated 30th August, 1993 issued by the Joint Secretary to the Government of India to which reference was made in the Notification dated 1.7.1995 cannot be construed to be a directive by the Central Government to the States. Apparently, Articles 73, 256 and 257 deal with different situations in which directives can be issued. But the present case is one to which none of these Articles apply. He, however, submitted that there are certain observations in Jayaram's case (supra) which are prima facie at variance with the views expressed by the larger Bench in the Automobile Transport's case (supra).
Learned counsel appearing for the State of Andhra Pradesh submitted that there was no challenge before the High Court on the question of Article 301 of the Constitution, except a vague and general plea taken in the writ petitions. In any event, this was a case to which Article 301 of the Constitution had no application. In fact, President's assent had been taken and, therefore, without any plea being taken as to how the levy is not reasonable or is not in public interest. For the first time in these appeals, such a plea cannot be pressed into service. It was also submitted that this was not a case of repeal and was cancellation of a Notification in terms of Section 9 (1)(b) of the Taxation Act.
The respective stands need careful consideration. The primary question which appears to have been urged before the High Court was whether the letter of Joint Secretary to the Government of India dated 30th August, 1993 is in the nature of directive. Articles 73, 256 and 257 are the relevant provisions. Article 73 relates to the extent of executive power of the Union, while Articles 256 and 257deal with obligation of States and the Union and the control of the Union over the States in certain cases respectively. Entry 57 of List II of 7th Schedule deals with taxes on motor vehicles. This is, however, subject to the provisions of Entry 35 of List III.
The said Entry of the Concurrent List reads as under:
"Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied".
By no stretch of imagination the letter dated 30th August, 1993 can be regarded as a law laying down the principles of taxes on vehicles. It cannot also be treated as a subordinate legislation deriving its power or force from the Act or any other law made by the Union. It has been fairly stated by learned Solicitor General that though reference has been made to the consent of the various State Governments, it cannot be treated to be a directive. It was only a request to the States to act in terms of the deliberations which took place at the meeting of the Transport Development Council. The letter so far as relevant reads as follows:
"No.RT-11053/1/92-MVL (Vol.II) 30th August, 1993 To:
All the Transport Secretaries of The State Govts./Union Territory Administrations.
Sub: Scheme for national permits for tourist coaches.
Sir, 1 2.
3. I am writing to request you to take necessary action to incorporate these provisions relating to composite fee in the State Motor Vehicles Taxation Rules and also issue necessary instructions/guidelines to the State Transport Authorities for grant of permits. It may also be clarified that the composite fee is in lieu of all taxes.
Yours faithfully, (C.S.Khairwal) Joint Secretary to the Govt. of India" This is not a case where the theory of occupied field can be made applicable. The Taxation Act essentially deals with fares charged from passengers and freight collected from them. On the contrary, the Act deals with levy on vehicles. They are conceptually different. Whatever has been stated above in the background of Article 73 is equally applicable to Articles 256 and 257 of the Constitution. Article 256 provides that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. This Article has application only when any law has been made by Parliament and the executive power of the State is made subservient to it by requiring it to ensure compliance with such laws. Where it appears to the Government of India that it is so necessary to do, directions can be issued. Article 257 provides that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union. Where the Government of India feels it so necessary to do so, it can issue a direction. At the cost of repetition it may be noted that there is no law specifying the principles of taxation on the subject matter of controversy so as to bring in application of either Article 256 or Article 257 of the Constitution.
It has to be noted that clause (b) in Article 73 cannot apply to legislative powers of the State. The expression 'agreement' referred to in the said clause has to be considered in terms of Article 299 of the Constitution.
Article 246 deals with subject matter of laws made by Parliament and Legislatures of States. Clause (1) of the said Article gives exclusive power to deal with the matters enumerated in List II of the Seventh Schedule. The expression 'for that purpose' in Article 256 refers to the requirement of compliance with the laws made by Parliament. Article 256 operates if the Government of India feels that the executive power of the States is being exercised in a manner which may amount to impediment with the executive power of the Union. It has to be noted that Entry 56 of List II of the Seventh Schedule deals with passengers and the Union has no power to levy taxes in respect of passengers. Above being the position, there is no substance in the plea of the appellants that the letter of the Joint Secretary to the Government of India dated 30th August, 1993 was in the nature of a direction.
It is also submitted that Rule 1(4) of the Permit Rules is intended to curtail the power of State to levy taxes in respect of vehicles. This plea also is without any substance. The said rule is not intended to have the effect of curtailing power of States to levy taxes under relevant enactments. The said Rule reads as follows:
"1(4): The conditions prescribed in Rules 82 to 85-A of the Central Motor Vehicles Rules, 1989 shall not apply to the permits granted under this scheme".
Power to levy taxes on vehicles, whether mechanically propelled or not vests solely on the State Legislature, though it may be open to the Parliament to lay down the principles on which the taxes may be levied on mechanically propelled vehicles in the background of Entry 35 of List III.
To put it differently, Parliament may lay down the guidelines for the levy of taxes on such vehicles, but the right to levy such taxes vests solely in the State Legislature. No principles admittedly have been formulated by the Parliament. In that sense, the Government of India's communication dated 30th August, 1993 does not in any sense violate the power of the State Legislature or its delegatee to levy or exempt taxes from time to time.
It is the stand of the appellants that what is ruled out by application of Rule 1(4) of the Permit Rules has been indirectly brought into force.
Reference has been made to Rule 84 of the Central Rules to submit that the levy which is permitted in terms of that rule is clearly excluded of its application. This plea is equally without any substance as Rule 84 states that the liability to pay taxes under the law does not cease merely on account of obtaining a tourist permit. Said rule is not a substantive charging provision as far as levy is concerned. The power to levy tax, to reduce or exempt the tax and to withdraw concession granted did not have its source in Rule 84, but are clearly founded on the taxing statutes i.e. Taxation Act. It is nobody's case that State is authorized to levy or collect taxes only by operation of Rule 84.
Next plea is the oft repeated one of promissory estoppel. It has to be noted that even though a concession is extended for a fixed period, the same M/s Shree Durga Oil Mills and Anr. (1997 (7) SCALE 726), it has been held by this Court that a Notification granting exemption of tax can be withdrawn by any point of time. There cannot be estoppel against any statute. Where it is in public interest, the Court will not interfere because public interest must override any consideration of private loss or gain [see was observed that where there was supervening public interest, the Government is free to change its stand and withdraw the exemption already granted. One such reason for changing its policy decision can be resource crunch and the loss of public revenue. There is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel, clear, sound and positive foundation must be laid in the petition itself by the party invoking the doctrine and that bald expressions, without any supporting material, to the effect that the doctrine is attracted because the party invoking the doctrine has altered its position relying on the assurance of the Government would not be sufficient to press into aid the doctrine. The principle of promissory estoppel is that where one party has by his word or conduct made to the other a clear and unequivocal promise or representation which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise or representation is made and it is in fact so acted upon by the other party, the promise or representation would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do so, having regard to the dealings which have been taken place between the parties. The doctrine of promissory estoppel is now well established one in the field of administrative law. The foundation for the claim based on the principle of promissory estoppel in Pensions (1949 (1) K.B. 227). Prof. De Smith in his "Judicial Review of Administrative Action" (4th Edition at page 103) observed that "the citizen is entitled to rely on their having the authority that they have asserted".
Doctrine of 'Promissory Estoppel' has been evolved by the courts, on the principles of equity, to avoid injustice.
'Estoppel' in Black's Law Dictionary, is indicated to mean that a party is prevented by his own acts from claiming a right to the detriment of other party who was entitled to rely on such conduct and has acted accordingly. Section 115 of the Indian Evidence Act is also, more or less, couched in a language which conveys the same expression.
'Promissory Estoppel' is defined as in Black's Law Dictionary as 'an estoppel which arises when there is a promise which promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of promise, and which does induce such action or forbearance, and such promise is binding if injustice can be avoided only by enforcement of promise'.
These definitions in Black's Law Dictionary which are based on decided cases, indicate that before the Rule of 'Promissory Estoppel' can be invoked, it has to be shown that there was a declaration or promise made which induced the party to whom the promise was made to alter its position to its disadvantage.
In this backdrop, let us travel a little distance into the past to understand the evolution of the Doctrine of 'Promissory Estoppel'.
Proprietary Gold Mines Ltd. [1937] HCA 58; (1938 (59) CLR 641), laid down as under:
"It is often said simply that the party asserting the estoppel must have been induced to act to his detriment.
Although substantially such a statement is correct and leads to no misunderstanding, it does not bring out clearly the basal purpose of the doctrine. That purpose is to avoid or prevent a detriment to the party asserting the estoppel by compelling the opposite party to adhere to the assumption upon which the former acted or abstained from acting. This means that the real detriment or harm from which the law seeks to give protection is that which would flow from the change of position if the assumption were deserted that led to it." The principle, set out above, was reiterated by Lord Denning in 130), when he stated as under:
"A promise intended to be binding, intended to be acted upon, and in fact acted upon is binding" Lord Denning approved the decision of Dixon, J. (supra) in Central 905). Apart from propounding the above principle on judicial side, Lord Denning wrote out an article, a classic in legal literature, on "Recent Developments in the Doctrine of Consideration", Modern Law Review, Vol.15, in which he expressed as under :
"A man should keep his word. All the more so when the promise is not a bare promise but is made with the intention that the other party should act upon it. Just a contract is different from tort and from estoppel, so also in the sphere now under discussion promises may give rise to a different equity from other conduct.
The difference may, lie in the necessity of showing 'detriment'. Where one party deliberately promises to waive, modify or discharge his strict legal rights, intending the other party to act on the faith of promise, and the other party actually does act on it, then it is contrary, not only to equity but also to good faith, to allow the promisor to go back on his promise. It should not be necessary for the other party to show that he acted to his detriment in reliance on the promise. It should be sufficient that he acted on it." This principle has been evolved by equity to avoid injustice. It is neither in the realm of contract nor in the realm of estoppel. Its object is to interpose equity shorn of its form to mitigate the rigour of strict law. In Union of inter alia observed as follows:
"We are unable to accede to the contention that the executive necessity releases the Government from honouring its solemn promises relying on which citizens have acted to their detriment. Under our constitutional set up no person may be deprived of his authority of law, if a member of the Executive seeks to deprive a citizen of his right or liberty otherwise than in exercise of power derived from the law common or statute the Courts will be competent to and indeed would be bound to protect the rights of the aggrieved citizens." It was further held in its summing up thus :
"Under our jurisprudence the Government is not exempt from liability to carry out the representation made by it as to its future conduct and it cannot on some undefined and undisclosed ground of necessity or expediency fail to carry out the promise solemnly made by it, not claim to be the Judge of its own obligation to the citizen on an ex parte appraisement of the circumstances in which the obligation has arisen." Ulhasnagar Municipal Council & Anr. (1970 (3) SCR 854), this doctrine of promissory estoppel against public authorities was extended thus:
"This Court refused to make distinction between the private individual and a public body to far as the doctrine of promissory estoppel is concerned." & Ors. [1978] INSC 254; (1979 (2) SCR 641), the doctrine of promissory estoppel was applied to the executive action of the State Government and also denied to the State of the doctrine of executive necessity as a valid defence. It was held that in a republic governed by the rule of law, no one high or low, is above the law.
Every one is subject to the law as fully and completely as any other and the Government is no exception. The Government cannot claim immunity from the doctrine of promissory estoppel. Equity will, in a given case where justice and fairness demands, prevent a person from exercising strict legal rights even where they arise not in contract, but on his own Title deed or in statute. It is not necessary that there should be some pre-existing contractual relationship between the parties. The parties need not be in any kind of legal relationship before the transaction from which the promissory estoppel takes its origin. The doctrine would apply even where there is no pre-existing legal relationship between the parties, but the promise is intended to create legal relations and effect a legal relationship which will arise in future. It was further held that it is indeed pride of constitutional democracy and rule of law that the Government stands on the same footing as a private individual so far as the obligation of the law is concerned. The former is equally bound as the latter. Therefore, the Government cannot claim any immunity from the doctrine of promissory estoppel and it cannot say that it is under no obligation to act in a manner, i.e., fair and just or that it is not bound by the considerations of honesty and good faith. In fact, the Government should be held a high standard of rectangular rectitude while dealing with citizens. Since the doctrine of promissory estoppel is an equitable doctrine, it must yield where the equity so requires. If it can be shown by the Government that having regard to the facts as they have transpired, it would be inequitable to hold the Government or public authority to the promise or representation made by it, the Court would not raise an equity in favour of the promise and enforce the promise against the Government. The doctrine of promissory estoppel would be displaced in such a case, because on the facts, equity would not require that the Government should be held bound by the promise made by it. But the Govt.
must be able to show that in view of the fact as have been transpired, public interest would not be prejudiced. Where the Govt. is required to carry out the promise the Court would have to balance, the public interest in the Government's carrying out the promise made to the citizens, which helps citizens to act upon and alter his position and the public interest likely to suffer if the promises were required to be carried out by the Government and determine which way the equity lies. It would not be enough just to say that the public interest requires that the Govt. would not be compelled to carry out the promise or that the public interest would suffer if the Govt. were required to honour it. In order to resist its liability the Govt. would disclose to the Court the various events insisting its claim to be except from liability and it would be for the Court to decide whether those events are such as to render it equitable and to enforce the liability against the Govt.
It is equally settled law that the promissory estoppel cannot be used compelling the Government or a public authority to carry out a representation or promise which is prohibited by law or which was devoid of the authority or power of the officer of the Government or the public authority to make. Doctrine of promissory estoppel being an equitable doctrine, it must yield place to the equity, if larger public interest so requires, and if it can be shown by the Government or public authority for having regard to the facts as they have transpired that it would be inequitable to hold the Government or public authority to the promise or representation made by it. The Court on satisfaction would not, in those circumstances raise the equity in favour of the persons to whom a promise or representation is made and enforce the promise or representation against Government or the public authority. These aspects were highlighted by this Court in State of U.P. and another (1998 (2) SCC 502). Above being the position, the plea relating to promissory estoppel has no substance.
It has been pleaded as noted above that withdrawal is without any rational or relevant consideration. In this context, it has to be noted that the operators in the State of Andhra Pradesh are required to pay the same tax as those registered in other states. Therefore, there cannot be any question of irrationality. The tests of arbitrary action applicable to executive action do not necessarily apply to delegated legislation. In order to strike down a delegated legislation as arbitrary it has to be established that there is manifest arbitrariness. In order to be described as arbitrary, it must be shown that it was not reasonable and manifestly arbitrary. The expression "arbitrarily" means: in an unreasonable manner, as fixed or done capriciously or at pleasure, without adequate determining principle, not founded in the nature of things, non-rational, not done or acting according to reason or judgment, depending on the will alone. In the present cases all persons who are similarly situated are similarly affected by the change. That being so, there is no question of any discrimination. That plea also fails.
What remains now to be considered is plea in the background of Article 301 of the Constitution. The said Article talks of freedom of trade, commerce and intercourse. Imposition of a tax does not in every case tantamount to infringement of Article 301. One has to determine whether the impugned provision amounts to a restriction directly and immediately on the movement of trade or commerce. In the Automobile's case (supra), this question was elaborately and succinctly stated by this Court. Some of the observations relevant for the present dispute are as follows:
"We have tried to summarise above the various stand points and views which were canvassed before us and we shall now proceed to consider which, according to us, is the correct interpretation of the relevant articles in Part XIII of the Constitution. We may first take the widest view, the view expressed by Shah, J., in the Atiabari Tea Co. case ( 1961)1 SCR 809) a view which has been supported by the appellants and one or two of the interveners before us. This view, we apprehend, is based on a purely textual interpretation of the relevant articles in Part XIII of the Constitution and this textual interpretation proceeds in the following way. Article 301 which is in general terms and is made subject to the other provisions of Part XIII imposes a general limitation on the exercise of legislative power, whether by the Union or the States, under any of the topics taxation topics as well as other topics enumerated in the three lists of the Seventh Schedule, in order to make certain that "trade, commerce and intercourse throughout the territory of India shall be free". Having placed a general limitation on the exercise of legislative powers by Parliament and the State Legislatures, Article 302 relaxes that restriction in favour of Parliament by providing that that authority "may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest". Having relaxed the restriction in respect of Parliament under Article 302, a restriction is put upon the relaxation by Article 303(1) to the effect that Parliament shall not have the power to make any law giving any preference to any one State over another or discriminating between one State and another by virtue of any entry relating to trade and commerce in lists I and III of the Seventh Schedule.
Article 303(1) which places a ban on Parliament against the giving of preferences to one State over another or of discriminating between one State and another, also provides that the same kind of ban should be placed upon the State Legislature also legislating by virtue of any entry relating to trade and commerce in lists II and III of the Seventh Schedule. Article 303(2) again carves out an exception to the restriction placed by Article 303(1) on the powers of Parliament, by providing that nothing in Article 303(1) shall prevent Parliament from making any law giving preference to one State over another or discriminating between one State and another, if it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India. This exception applies only to Parliament and not to the State Legislatures. Article 304 comprises two clauses and each clause operates as a proviso to Articles 301 and 303. Clause (a) of that article provides that the Legislature of a State may "impose on goods imported from other States any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced." This clause, therefore, permits the levy on goods imported from sister States any tax which similar goods manufactured or produced in that State are subject to under its taxing laws. In other words, goods imported from sister States are placed on a par with similar goods manufactured or produced inside the State in regard to State taxation within the State allocated field. Thus, the States in India have full power of imposing what in American State legislation is called the use tax, gross receipts tax, etc., not to speak of the familiar property tax, subject only to the condition that such tax is imposed on all goods of the same kind produced or manufactured in the taxing State, although such taxation is undoubtedly calculated to fetter inter-State trade and commerce. As was observed by Patanjali Sastri, C.J., in State of commercial unity of India is made to give way before the State power of imposing 'any' non-discriminatory tax on goods imported from sister States. Now, clauses (b) of Article 304 provides that notwithstanding anything in Article 301 or Article 303, the Legislature of a State may by law impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest. The proviso to clause (b) says that no bill or amendment for the purpose of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President. This provision appears to be the State analogue to the Union Parliament's authority defined by Article 302, in spite of the omission of the word 'reasonable' before the word 'restrictions' in the latter article. Leaving aside the pre-requisite of previous Presidential sanction for the validity of State legislation under clause (b) provided in the proviso thereto, there are two important differences between Article 302 and Article 304(b) which require special mention. The first is that while the power of Parliament under Article 302 is subject to the prohibition of preferences and discriminations decreed by Article 303(1) unless Parliament makes the declaration contained in Article 303(2), the State's power contained in Article 304(b) is made expressly free from the prohibition contained in Article 303(1), because the opening words of Article 304 contain a non-obstante clause both to Article 301and Article 303. The second difference springs from the fact that while Parliament's power to impose restrictions under Article 302 upon freedom of commerce in the public interest is not subject to the requirement of reasonableness, the power of the States to impose restrictions on the freedom of commerce in the public interest under Article 304 is subject to the condition that they are reasonable".
Freedom granted by Article 301 is of the widest amplitude and is subject to only such restrictions as are contained in the succeeding Articles in Part XIII of the Constitution. The following observations in Automobile's case are relevant:
"Even in the matter of textual construction there are difficulties. One of the difficulties which was adverted to during the Constituent Assembly debates related to the somewhat indiscriminate or inappropriate use of the expressions 'subject to' and 'notwithstanding' in the articles in question. Article 302, as we have seen, makes a relaxation in favour of Parliament. Article 303 again imposes a restriction on that relaxation 'notwithstanding anything in Article 302 but Article 303 relates both to Parliament and the State Legislature, though Article 302 makes no relaxation in favour of the State Legislature.
The non obstante clause in Article 303 is, therefore, somewhat inappropriate. Clause (2) of Article 303 carves out an exception from the restriction imposed on Parliament by clause (1) of Article 303. But again clause (2) relates only to Parliament and not to the State Legislature even though clause (1) relates to both. Article 304again begins with a non-obstante clause mentioning both Article 301 and Article 303, though Article 304 relates only to the Legislature of a State. Article 303 relates to both the State Legislature and Parliament and again the non obstante clause in article 304 is somewhat inappropriate. The fact of the matter is that there is such a mix up of exception upon exception in the series of articles in Part XIII that a purely textual interpretation may not disclose the true intendment of the articles. This does not mean that the text of the articles, the words used therein, should be ignored. Indeed, the text of the articles is a vital consideration in interpreting them; but we must at the same time remember that we are dealing with the constitution of a country and the inter- connection of the different parts of the Constitution forming part of an integrated whole must not be lost sight of. Even textually, we must ascertain the true meaning of the word 'free' occurring in Article 301. From what burden or restrictions is the freedom assured? This is a question of vital Importance even in the matter of construction. In Section 92 of the Australian Constitution the expression used was 'absolutely free' and repeatedly the question was posed as to what this freedom meant.
We do not propose to recite the somewhat chequered history of the Australian decisions in respect of which Lord Porter, after a review of the earlier cases, said in Commonwealth of Australia V. Bank of New South Wales ( 1950 AC 235) that in the 'labyrinth of cases decided under Section 92 there was no golden thread.' What is more important for our purpose is that he expressed the view that two general propositions stood out from the decisions: (i) that regulation of trade, commerce and intercourse among the States is compatible with its absolute freedom, and (ii) that Section 92 of the Australian Constitution is violated only when a legislative or executive act operates to restrict such trade, commerce and intercourse directly and immediately as distinct from creating some indirect or inconsequential impediment which may fairly be regarded as remote. Lord Porter admitted "that in the application of these general propositions, in determining whether an enactment is regulatory or something more or, whether a restriction is direct or only remote or incidental, there cannot fail to be difference of opinion." It seems clear, however, that since "the conception of freedom of trade, commerce and intercourse in a community regulated by law presupposes some degree of restriction upon the individual", that freedom must necessarily be delimited by considerations of social orderliness. In one of the earlier Australian decisions (Duncan v. The State of Queensland) (1916 (22) CLR 556), Griffith, C.J. said:
"But the word "free" does not mean extra legem, any more than freedom means anarchy. We boast of being an absolutely free people, but that does not mean that we are not subject to law". (p.573) As the language employed in Article 301 runs unqualified the Court, bearing in mind the fact that provision has to be applied in the working of an orderly society, has necessarily to add certain qualifications subject to which alone that freedom may be exercised.
This point has been very lucidly discussed in the dissenting opinion which Fullagar,J., wrote in Mc Carter v. Brodie [(1950) [1950] HCA 18; 80 CLR 432], an opinion which was substantially approved by the Privy Council in Hughes and Vale Proprietary Ltd. V. State of New South Wales [(1955) AC 241]. The learned Judge gave several examples to show the distinction between what was merely permitted regulation and what true interference with freedom of trade and commerce. He pointed out that in the matter of motor vehicles most countries have legislation which requires the motor vehicle to be registered and a fee to be paid on registration. Every motor vehicle must carry lamps of a specified kind in front and at the rear and in the hours of darkness these lamps must be alight if the vehicle is being driven on the road, every motor vehicle must carry a warning device, such as a horn; it must not be driven at a speed or in a manner which is dangerous to the public. In certain localities a motor vehicle must not be driven at more than a certain speed. The weight of the load which may be carried on a motor vehicle on a public highway is limited.
Such examples may be multiplied indefinitely. Nobody doubts that the application of rules like the above does not really affect the freedom of trade and commerce; on the contrary they facilitate the free flow of trade and commerce. The reason is that these rules cannot fairly be said to impose a burden on a trader or deter him from trading: it would be absurd, for example, to suggest that freedom of trade is impaired or hindered by laws which require a motor vehicle to keep to the left of the road and not drive in a manner dangerous to the public. If the word 'free' in Article 301 means 'freedom to do whatever one wants to do' then chaos may be the result; for example, one owner of a motor vehicle may wish to drive on the left of the road while another may wish to drive on the right of the road. If they come from opposite directions, there will be an inevitable clash. Another class of examples relates to making a charge for the use of trading facilities, such as, roads, bridges, aerodromes etc.
The collection of a toll or a tax for the use of a road or for the use of a bridge or for the use of an aerodrome is no barrier or burden or deterrent to traders who, in their absence, may have to take a longer or less convenient or more expensive route. Such compensatory taxes are no hindrance to anybody's freedom so long as they remain reasonable; but they could of course be converted into a hindrance to the freedom of trade. If the authorities concerned really wanted to hamper anybody's trade, they could easily raise the amount of tax or toll to an amount which would be prohibitive or deterrent or create other impediments which instead of facilitating trade and commerce would hamper them. It is here that the contrast, between 'freedom' (Article 301) and 'restrictions' (Articles 302 and 304) clearly appears: that which in reality facilitates trade and commerce is not a restriction, and that which in reality hampers or burdens trade and commerce is a restriction. It is the reality or substance of the matter that has to be determined. It is not possible a priori to draw a dividing line between that which would really be a charge for a facility provided and that which would really be a deterrent to a trade; but the distinction: if it has to be drawn, is real and clear. For the tax to become a prohibited tax it has to be a direct tax the effect of which is to hinder the movement part of trade. So long as a tax remains compensatory or regulatory it cannot operate as a hindrance".
It was further observed:
"After carefully considering the arguments advanced before us we have come to the conclusion that the narrow interpretation canvassed for on behalf of the majority of the State cannot be accepted, namely, that the relevant articles in Part XIII apply only to legislation in respect of the entries relating to trade and commerce in any of the lists of the Seventh Schedule. But we must advert here to one exception which we have already indicated in an earlier part of this judgment. Such regulatory measures as do not impede the freedom of trade, commerce and intercourse and compensatory taxes for the use of trading facilities are not hit by the freedom declared by Article 301.They are excluded from the purview of the provisions of Part XIII of the Constitution for the simple reason that they do not hamper trade, commerce and intercourse but rather facilitate them".
The following conclusions really constitute the core of the principles:
"Regulatory measures or measures imposing compensatory taxes for the use of trading facilities do not come within the purview of the restrictions contemplated by Article 301 and such measures need not comply with the requirements of the proviso to Article 304(b) of the Constitution".
It has to be noted that in Automobile's case (supra) as quoted above, it was held that it is the reality or substance of the matter that has to be determined. It is not possible a priori to draw a dividing line between that which would really be a charge for a facility provided and that which would really be a deterrent to a trade; but the distinction: if it has to be drawn, is real and clear. For the tax to become a prohibited tax it has to be a direct tax the effect of which is to hinder the movement part of trade. So long as a tax rema`ins compensatory it cannot operate as a hindrance. A Constitution Bench of this Court considered an identical question in M/s Sainik Motors, Observations in Jayaram's case (supra) to the following effect do not appear to have kept the said aspect in view when it was observed as follows:
"Taxes of a compensatory and regulatory character are outside the expanse of Article 301 of the Constitution.
Regulatory measures and compensatory taxes far from impeding the free flow of trade and commerce, often promote such free flow of trade and commerce by creating agreeable conditions and providing appropriate services. All that is necessary to uphold a tax which purports to be or is claimed to be a compensatory tax is, "the existence of a specific, identifiable object behind the levy and a nexus between the subject and the object of the levy".
(underlined for emphasis) A mere claim that tax is compensatory would not suffice. To that extent the observations in Jayaram's case (supra) do not reflect the correct position in law. Whether a tax is compensatory or not cannot be made to depend on the preamble of the statute imposing it. A tax cannot also be said not to be compensatory because the precise or specific amount collected is not actually used to providing any facilities.
We may note here that though arguments were advanced in the background of Article 301 of the Constitution, as has been rightly submitted by the learned counsel for the State of Andhra Pradesh, there were no pleadings in this regard in the writ petitions, excepting some general statements about violation of Article 301. It has been fairly considered that President's assent as required has been obtained. Thus the case is not relatable to Article 301, but Article 304. With reference to clause (b) of the said Article, it is submitted that mere obtaining assent is not sufficient, and it has to be shown that the levy was in public interest. There was no averment in the petitions before the High Court in this regard. There was also no view expressed by the High Court on this issue, in the absence of any argument or plea before it. The question whether public interest was involved or not required a factual adjudication. Since there were no pleadings, the State did not have an opportunity to indicate its stand. Under the circumstances, we do not think it appropriate to consider that question for the first time in these appeals, particularly, when factual adjudication would be necessary.
Coming to the plea relating to repeal of the Notification, it is to be noted that the Notification dated 1.7.1995 was issued in exercise of powers conferred under Section 9(1)(a) of the Taxation Act, while the impugned Notification was issued in exercise of powers conferred under Section 9(1)(6) of the said Act. It is to be noted that originally Notification was issued under Section 3 of the said Act and its operation has not been questioned. That being the position, there was no requirement to issue a fresh Notification to make the levy. Notification dated 1.7.1995, did not supersede the original Notification issued under Section 3 of the Taxation Act.
In the result, the appeals are dismissed.
.J.
(B.N. KIRPAL) .J.
(K.G. BALAKRISHNAN) J.
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I understand that this is in place to avoid spam attacks but why not just make it so that another PM to the same person within 20 seconds is not allowed?
I am replying to quite a few people about the answer to a riddle just now and it's getting annoying having to wait 20 seconds to send each reply. Also considering that after you site gives me the warning message and I click the "back" button then the "Send Message" button no longer works so I have to click "back" again then click on "reply" again, then fill in the message again, and then click "send message" and sometimes it seems like 20 seconds is very, very long because I keep getting denied and have to start again. Or does it restart counting 20 seconds every time you're denied?
While there are quite a few user security and timeout type settings that are settable, it seems that time limit is not one of them. Sorry!


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voter disenfranchisement
Nearly half of the shuttered polling places have been in Texas. Image from: Getty Images
1,688 Polling Places Shuttered Since Supreme Court Green-Lit New State Disenfranchisement Schemes
The 2013 Supreme Court decision nullifying federal "preclearance" requirements for states and local governments with a past history of discriminating against minority voters continues to have widespread repercussions.
By HunterDK on Sat, 09/14/2019 - 5:30pm
These Clowns Will Release Actual Vote-Fraud Data When Trump Releases Obama's Kenyan Birth Certificate
Trump believes it because he'll believe any suspicion-confirming wingnut tale, however absurd.
By Steve M. on Thu, 01/26/2017 - 4:00pm
Joe Scarborough Mocks Claims Of Voter Disenfranchisement In Wisconsin
Someone needs to explain the definition of voter disenfranchisement to MSNBC's spite-filled morning host Joe Scarborough.
By Heather on Thu, 04/07/2016 - 5:00am
Joe Scarborough Mocks Claims Of Voter Disenfranchisement
MSNBC, Morning Joe, April 6, 2016. Joe Scarborough pretends voter disenfranchisement doesn't exist because there was record turnout in Wisconsin.
By Heather on Wed, 04/06/2016 - 3:55pm
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In order to gain their supermajority, Mississippi Republicans made up their own rules.
By Karoli Kuns on Fri, 01/22/2016 - 12:00pm
Larry Wilmore Whacks Alabama For DMV Closings
The Nightly Show's Larry Wilmore laid into the state of Alabama's legislators for celebrating the 50th anniversary of the Voting Rights Act by making it harder for black people to vote in their state.
By Heather on Tue, 10/06/2015 - 8:48pm
The Nightly Show, Oct. 6, 2015. Read more... http://crooksandliars.com/2015/10/larry-wilmore-whacks-alabama-dmv-closings
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Here's your so-called "liberal media" in action.
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MSNBC Contributor Dawson Tries To Minimize Alabama Voter ID Disenfranchisement
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A panel of political experts in Alabama blasted the state on Sunday for appearing to target the African-Americans by closing driver's license offices in black communities.
By David on Sun, 10/04/2015 - 1:30pm


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Last Update 14:4
Israel approves new West Bank settler homes
Israeli Defence Minister Ehud Barak has approved the construction of 294 new homes in Beitar Ilit settlement on the occupied West Bank, the Israeli NGO Peace Now reported on Sunday
AFP , Sunday 22 May 2011
Israeli Defense Minister Ehud Barak approved the construction of 294 new homes in Beitar Ilit settlement on the occupied West Bank, the Israeli NGO Peace Now reported on Sunday.
It also said that work had started on more than 2,000 settler homes since the end in September of Israel's 10-month freeze on Jewish construction on Palestinian land.
Peace Now made its announcement as Prime Minister Benjamin Netanyahu was in Washington preparing to address the US Congress and a powerful pro-Israel lobby, the American Israel Public Affairs Committee (AIPAC).
It said Barak has also approved the building of homes for the elderly and a shopping centre in the settlement of Efrat.
The group could not say exactly when Barak signed off on the projects, although it said it had seen a letter dated 28 April from the defense ministry advising the housing ministry of its decision.
The plans still need local authority permits to build but that is considered a formality, requiring no further government action, Peace Now said.
The defence ministry, contacted by AFP, issued a brief statement saying that "since the end of the freeze period a few building permits have been approved for communities situated in the (settlement) blocs to meet their living needs."
Peace negotiations between Israel and the Palestinians have been on hold since late September, when the partial Israeli settlement freeze expired and Netanyahu declined to renew it.
Peace Now said on Sunday that since the moratorium was lifted settlers had started construction on about 2,000 homes in 75 different settlement sites.
"This construction might create facts on the ground that will make the price of peace much higher for Israel," it said in a statement, adding that one third of the new building was going on beyond Israel's West Bank barrier, which itself regularly cuts into land the Palestinians claim for their future state.
It said that in addition the government had given planning permission to 800 new homes in 13 settlements.
As US President Barack Obama was delivering a key speech on Thursday in which he urged Israel to pull out from land it occupied in the 1967 Six-Day War, a government panel approved more than 1,500 settler homes in annexed east Jerusalem.
Peace Now called that decision "not just miserable timing but a miserable policy" and said it sent a "clear message to the Americans."
The Palestinians have insisted they will not talk while Israel builds on land they want for a future state, and Israel has attracted fierce international criticism for its settlement policy. Palestinian president Mahmud Abbas has said Israel must choose "between settlements and peace."
But in response to Obama's speech, Netanyahu issued a blunt statement rejecting the pre-1967 lines as a basis for negotiation.
He urged Obama to commit to assurances made by former US president George W. Bush, who said "new realities on the ground" meant a "full and complete return" to the 1967 borders was "unrealistic." The 1967 borders leave Israel "indefensible," said Netanyahu.


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Seattle Man Falsely Reports Car Stolen
City of Federal Way has Issues with Seattle Nightl...
WA DUI Laws Get Tougher!
City of Federal Way has Issues with Seattle Nightlife Proposal
The city of Federal Way sees Seattle - and a specific city proposal there - as a problem citing that a new proposal which may extend the operating hours for Seattle area bars is a public safety issue. A Deputy Chief at Federal Way Police stated, "When you extend the hours (of bars), clearly you're looking at higher levels of potential intoxication."
The proposal before the Washington State Liquor Control Board which, if approved, would give Seattle the option to stagger the closing time of city bars. Right now, state law mandates that bars close by 2 a.m.
This week, the mayor of Federal Way along with the City Council sent a letter to the state, saying that the proposal, if passed, would likely lead to "more drunk drivers on the road during peak early morning commute times," "increases in alcohol related injury and death," and "greater service related demands on the Federal Way Police Department and surrounding jurisdictions."
At Clever Rebel Tattoo on the north end of Federal Way, owner and tattoo artist Joe Meyer was skeptical that the proposal would impact the quality of life in his hometown.
"Just 'cause a bar is open later doesn't mean it's going to get worse," Meyer said, as he applied fresh ink on a customer's arm. "I think I'd be tired. If the bar closed at 3, I'd be tired. I want to go home and sleep."
The state Liquor Control Board hopes to have a decision on the proposal by early May. If enacted, it would allow other cities to extend their hours as well.
If you or a loved one is faced with an alcohol or drug related offense in Western Washington, you deserve nothing less than the very best representation from a reputable and qualified Seattle criminal attorney who will relentlessly defend your case. You deserve a Seattle criminal lawyer who has an intimate understanding of not only Washington's criminal laws, but also the legal issues that could win your case. You deserve a Seattle criminal lawyer who is not afraid to stand up against the prosecution and aggressively fight for your rights and interests. SQ Attorneys is the right Western Washington criminal law firm for the job. Call for a free initial consultation – (206) 441-0900 (Seattle); (425) 998-8384 (Eastside) – it will be the best decision you make all day.
Posted by Sq Attorneys at 10:32 PM
bradholister July 11, 2012 at 2:28 AM
Accompanying changes to road designs have been wide-scale adoptions of rules of the road alongside law enforcement policies that included drink-driving laws, setting of speed limits, and speed enforcement systems such as speed cameras. Some countries' driving tests have been expanded to test a new driver's behavior during emergencies, and their hazard perception. pedestrian accident lawyer


Height: Thallus growing up to 40 cm.
Cylindrical with tapering branches and fine tips; plant bushy, branching freely from the point of attachment; branches usually alternate, sometimes young ones may appear like opposite; fronds cartilaginous and somewhat slippery; holdfast small, disc shaped.
Holmsella pachyderma, also a Rhodophycean alga lives as a parasite on Gracilaria verrucosa, absorbing the photosynthetic product "florideoside" from the host and storing as florideoside, mannitol and starch.


Gray shag rug – Shag rugs come in the most amazing mix of colors. Among these include, Navy Gold, Purple Orange Green, Multi Brown, Black White, Dark chocolate and Pitch Red. If you desire more funkier colors, you can go for Flamingo Road or a Shag Garden. Viewing these amazing colors on the internet will leave you inspired and happy. They should be thick and plush. Due to their hairy texture, they are referred to as shaggy hence their name, shag rugs. The most common material these come in is nylon. Most rugs get cleaned by regular vacuuming with no hassle. These are really great when arranged regarding the chairs. They liven up dull spaces and create a homely environment.
Some people have been recognized to have them in their office spaces and it works very well unwind the mood in this rather tense areas. Shag rugs can also be made from cotton, leather and even fur. They bring luxury to any space. Their textures are like a soft furry dog. This can be a favorite to animal lovers. Some pets like cats and dogs have been reported to laze on them and so they therefore provide luxury not simply for you but , to your pets at home. Modern rug collections come with pile to make them more lustrous. Among many other materials that are making more modern versions are wool and silk. Many are hand loomed and are also therefore very personalized. Among the such a rug is the Soho shag rug which is stated in India. It is made of cotton.
The very popular style in Shag rugs is the new Flokati which has a contemporary elegance to it. You can also have them tailor made to suit your desired style. To obtain them to decorate your house, take into account the price and quality. Buy an authentic piece by first researching about the various types available. Then, know the kind of theme you need your space or house to take. Even if you are not sure, living with the various designs and prints will give you a special liking. Get the colors that please you or the ones that will match up with your theme. If you would like to enhance your house, go for the colors that bring harmony towards your environment. Shag rugs should bring so much fun to your house or life. This post relted gray shag rug, gray shag rug ikea target, grayshag rugs for sale, shag rug 8×10.


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Eversource Recognized for Two Energy-efficiency Programs in Massachusetts
By BusinessWest Staff January 17, 2019 1269
BOSTON — Homeowners, renters, and business owners across Massachusetts are always looking for ways to reduce expenses, and that includes energy costs. In recognition of its efforts to help these customers better manage their energy, Eversource was recognized by the American Council for an Energy-Efficient Economy (ACEEE) with Exemplary Energy Efficiency Program awards for both its Home Energy Services (HES) program and Franchise Customer Initiative in Massachusetts. The national award recognizes the best utility programs across the country.
"It is an honor to be recognized by ACEEE for our programs, which have been very successful," said Eversource Senior Vice President and Chief Customer Officer Penni Conner. "We strive to help all of our customers save energy and keep costs down wherever possible. We will continue working with homeowners and business owners across the Commonwealth on customized energy-efficiency solutions that will make their living spaces more comfortable and their businesses more competitive."
ACEEE's national review evaluates and recognizes exemplary programs in areas such as direct customer energy savings, cost-effectiveness, customer service, innovation, and expansion potential.
Eversource's HES program takes a fuel-blind approach and provides in-home energy assessments, turnkey facilitation of weatherization measures, and 0% financing to help homeowners or renters retrofit their homes with cost-effective, energy-efficient measures. Since 2016, the energy saved through Eversource's HES program in Massachusetts is enough to power approximately 6,000 homes for a year, and the greenhouse-gas emission reductions are equivalent to taking 1,062 cars off the road for a year.
"We felt like we were getting solid advice on how we could improve our energy use, and we were so surprised by the support we received to make those changes," said Westhampton homeowners and HES program participants Elizabeth Preston and Cindy White. "To find out that the cost of the work would be offset so significantly with all the program incentives was really exciting."
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The Amazon earbuds will enable the use of Alexa like it has been used on a smartphone till now and will allow you to play music, add items to Amazon shopping list, check your to-do list and ask for general information like an Assistant would. Apart from that, the earbuds are also expected to feature gesture controls when playing music and answering calls.
Last month, Apple announced their second generation AirPods and weeks after that, its subsidiary company Beats unveiled the Powerbeats Pro wireless earphones. Amazon is now working on a new pair of wireless earbuds which will do one-up over Apple's AirPods by supporting voice commands for Alexa.
The rumoured Amazon earbuds will come with handsfree access to Alexa and will be a pair truly wireless earphones without cables or neckbands between the two earpieces. The news comes from a recent report by Bloomberg which states that Amazon is looking to sell a new wireless earbuds product to consumers with Alexa and an improvement in audio quality, better than the current line of tray wireless in-ear audio products.
With Alexa on-board, Amazon will gain an advantage over Google in terms of the virtual assistant offerings since Google's Pixel Buds didn't really win brownie points when it released last year. The Amazon earbuds will enable the use of Alexa like it has been used on a smartphone till now and will allow you to play music, add items to Amazon shopping list, check your to-do list and ask for general information like an Assistant would.
And like any wireless earbuds, the rumoured Amazon earphones will also come with a storage case which will also charge the device. Apart from handsfree controls through Alexa, the earbuds are also expected to feature gesture controls when playing music and answering calls.
Lastly, considering Amazon's history, its earbuds will be positioned in the market in such a way that it undercuts the AirPods and we can expect the hardware to be much cheaper than its Apple counterpart.
The Amazon earbuds will likely arrive sometime in 2019 with an estimated timeframe that revolves around the early second half of the year. There's no word on the pricing but if it offers a better sound at a more affordable price than the Apple AirPods, we don't see any reason why it'll not be a competitor in the truly wireless earphones range.


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