Learned counsel for the appellant had cited certain judgments in support of his submission that suspicion, however grave it may be, cannot take the place of proof, and there is a large difference between something that 'may be' proved and something that 'will be proved'. Subject: Definition of fees for technical services in Explanation to Section 9(1) (vii) of the Income Tax Act, 1961 whether prospecting for or extraction of production of mineral oil are mining operations- clarification regarding.

However, in the present case, as we found that the guilt of the appellant is conclusively established with the credible material, those judgments have no application. The post mortem report also corroborates the case of prosecution as according to Dr. It is a doctrine which must not be used to re-write the language in a way different from that in which it was originally framed". The State of Madras, [1950] INSC 14; [1950] S.

1 was sufficient to cause death in the ordinary course of nature. , (1948) 1 All ER 21]. The Sholapur Spinning and Weaving Co. 33 of the Act; if the dismissal is illegal it is void and inoperative and as such it cannot be said to have terminated the relationship of master and servant between the Bank and its employees. Paramnidhi Sadhukhan, [1957] INSC 65; AIR 1957 SC 907] and does not require recasting of the Act or any part of it. 19(1)(a) of the Constitution. Viewed in this way, it does not select any of the elements or attributes of freedom of speech falling within Art.

Great Boulder Proprietary Gold Mines Ltd. " Under a recent amendment to the Bombay Industrial Relations Act, 1946, wage boards can be set up in the Province of Bombay either separately for each industry or for a group of industries. All the aforementioned circumstances clearly and unequivocally point towards the fact that it was Prem Singh who had firstly intended to outrage the modesty of Sunita and thereafter had committed her murder. The alternative construction contended for must be such which does not put an undue strain on the words used; [Kanailal Sur v.

1357 and Dwarkadas Shrinivas of Bombay v. , [1953] INSC 87; [1954] S. In other words, the object of the said enquiry was to ascertain the nature of the "positive objections" which the Bank had against each one of them. It must be possible to spell the meaning contended for out of the words actually used. He proceeded to add: "There is one rule, I think which is clear that, although the absurdity or the non-absurdity of one conclusion as compared with another may be and very often is, of assistance to the court in choosing between two possible meanings of ambiguous words, it is a doctrine which must be applied with great care, remembering that judges may be fallible in this question of an absurdity and in any event it must not be applied so as to result in twisting language into a meaning which it cannot bear.

There may be reasons for distinguishing the case of those who may have acted as mere dumb driven cattle from those who have taken an active part in fomenting the trouble and instigating workmen to join such a strike, or have taken recourse to violence. 836 the Bank; it is only the grounds specifically covered by the leave which fall to be considered, and even these grounds will necessarily have to be dealt with in the light of the findings already recorded by the appellate tribunal which are no longer open to challenge.

Charaya (PW-3), injury No. We find the appeal bereft of any merits which is accordingly dismissed. The board decides disputes relating to reduction in the number of persons employed, rationalisation or other efficiency, systems of work, wages and the period and mode of payment, hours of work and leave with or without (1) Report of the Committee on Fair Wages, pp. 19(1), but the reality and substance. The Act read as a whole does not merely prohibit advertisements relating to drugs and medicines connected with diseases expressly mentioned in s.

This Court has held that the dismissal of the 150 employees is illegal having 824 regard to the provisions of s. If no alternative construction is open, the court cannot ignore a statutory provision "to relieve what it considers a distress resulting from its operation; a statute has to be given effect to whether the court likes it or not". The evidence of the prosecution witnesses is trustworthy and reliable and furthermore, all the links in the chain are complete which point to the guilt of the accused.

Olson, [1931] USSC 154; (1930) 283 U. 3 of the Act but they cover all advertisements which are objectionable or unethical and are used to promote self-medication or self- treatment. Great Boulder Proprietary Gold Mines Ltd. This is the content of the Act. The subsequent enquiry held by the appellate tribunal was limited to the question as to whether the Bank was able to prove any specific circumstances which disentitled the employees from claiming reinstatement.

The Doctor had also noticed a bite mark on the cheek of the deceased. The State of Delhi, [1951] S. The wage board is to consist of an equal number of representatives of employers and employees and some independent persons including the Chairman, all of whom are nominated by the Government. It is not the form or incidental infringement that determines the constitutionality of a, statute in reference to the rights guaranteed in Art.