These are words from the realm of literature. in American Communications Association v. Union of India[76], this Court was dealing with the order of confiscation of books containing the Marxist literature. (2) These appeals are filed by the State against the common final judgment and order dated 10. Here the case rests on the poem titled I met Gandhi. Section 21 deals with right of first use, etc. There is no authority who gives a license to a poet. the role of the judiciary is confined to ascertaining from the words that Parliament has approved as expressing its intention what that intention was, and to giving effect to it.

The Court referring to the supremacy of the fundamental right to freedom of speech and expression, observed that the Constitution of India permits a free trade in ideas and ideologies and guarantees freedom of thought and expression, the only limitation being a law in terms of Clause (2) of Article 19 of the Constitution. Right of first use, etc. 2014 passed by the Madurai Bench of the Madras High Court in Crl.

As far as the words poetic license, are concerned, it can never remotely mean a license as used or understood in the language of law. The Tribunal has failed to appreciate that a disposable syringe and needle continues to be a disposable syringe and needle even after the process of sterilization and, therefore, the basic test of a new article emerging as a result of a process, being a transformation of an article into something new, which has a distinctive name, character or use is clearly absent in the present case.

In these cases also no manufacture of goods takes place. (3) Where the goods are transformed into something different and/or new after a particular process, but the said goods are not marketable. The said provision reads as follows:- 21. Such price or prices may differ from iron and steel obtainable from different sources and may include allowances for contribution to and payment from any Equalisation Fund established by the Controller for equalising freight, the concession rates payable to each producer or class of producers under agreements entered into by the Controller with the producers from time to time, and any other disadvantages.

Shri Lakshmikumaran, learned advocate appearing on behalf of the appellant has argued before us that the judgment of the Tribunal is wrong on first principles. In that view the authority empowered to do so has to effect the compromise, put the same in court through the representatives and 455 obtain a decree thereon. Under our Constitution it is Parliaments opinion on these matters that is paramount. Douds[77] with reference to the US Constitution wherein it was stated that thought control is a copyright of totalitarianism, and it was unacceptable.

But that does not dispense with the appointment of representatives to conduct and defend the suit, for without such representation the suit itself could not be proceeded with and a decree could not be obtained on the compromise. In controversial matters such as are involved in industrial relations there is room for differences of opinion as to what is expedient, what is just and what is morally justifiable.

:- The entity laying, building, operating or expanding a pipeline for transportation of petroleum and petroleum products or laying, building, operating or expanding a city or local natural gas distribution network shall have right of first use for its own requirement and the remaining capacity shall be used amongst entities as the Board may, after issuing a declaration under section 20, determine having regard to the needs of fair competition in marketing and availability of petroleum and petroleum products throughout the country: Provided that in case of an entity engaged in both marketing of natural gas and laying, building, operating or expanding a pipeline for transportation of natural gas on common carrier or contract carrier basis, the Board shall require such entities to comply with the affiliate code of conduct as may be specified by regulations and may require such entity to separate the activities of marketing of natural gas and the transportation including ownership of the pipeline within such period as may be allowed by the Board and only within the said period, such entity shall have right of first use.

Where the meaning of the statutory words is plain and unambiguous it is not for the Judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they themselves consider that the consequences of doing so would be inexpedient, or even unjust or immoral. The Court further observed that thought control is alien to our constitutional scheme and referred to the observations of Robert Jackson, J.

In Gajanan Visheshwar Birjur v. The Court finally stated that it is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error. He cited a number of judgments to buttress his submissions. Assuming that the representative has no power to compromise the suit, it does not materially affect the ,question raised in this case. Examples within this group are the Brakes India case and cases where the transformation of goods having a shelf life which is of extremely small duration.