This Court held that the said section was void as being an unreasonable restriction on the rights in property as the restriction made the enjoyment of that right depend upon the mere discretion of the executive. In that context, the Court ruled:- The standards that we set for our censors must make a substantial allowance in favour of freedom thus leaving a vast area for creative art to interpret life and society with some of its foibles along with what is good.

, as he then was, observed : It has also taken note of the fact that sex had not been glorified in the film. As has been indicated by the courts below, the antecedents of the appellant and his subsequent conduct indicates that he is a menace to the society and is incapable of rehabilitation. Apart from these authorities, there are so many other decisions where the name of Mahatma Gandhi has been referred to with reverence and elaborating on various facets of life of Gandhi and Gandhian thought.

The whole process is an integrated one consisting of the lifting of the raw materials to the platform mixing coke and lime and then feeding into the kiln and burning. " Therefore, the expression " Taluqdari estate " is a comprehensive expression including all lands which at one time belonged to the Taluqdar. In the eye of the law, although the lands might have been alienated by the Taluqdar, they still form part of the estate. We must not look upon such human relationships as banned in to and for ever from human thought and must give scope for talent to put them before society.

In our scheme of things ideas having redeeming social or artistic value must also have importance and protection for their growth. In the Sevaka Perumal case (supra), the counsel for the appellants therein contended that considering the young age of the accused, the same would be a strong mitigating factor in favour of commutation of death sentence. The offences committed by the appellant were neither under duress nor on provocation and an innocent life was snuffed out by him after committing violent rape on the victim.

The petitioner whose estate was taken over by the Court of Wards questioned the validity of the power conferred on the Court of Wards. 112 of the Ajmer Tenancy and Land Records Act (XLII of 1950) provided that " if a landlord habitually infringes the rights of a tenant under this Act, he shall, notwithstanding anything in section 7 of the Ajmer Government Wards Regulation, 1888 (1 of 1888) be deemed to be a 'landlord who is disqualified to manage his own property' within the meaning of section 6 of the said Regulation and his property shall be liable to be taken under the superintendence of the Court of Wards.

The Court further referred to the majority judgments in many cases and observed that judges in America have tried to read the words ˜reasonable restrictions into the First Amendment and thus to make the rights it grants subject to reasonable regulation. It was contended therein that the accused were the breadwinners of their family which consisted of a young wife, minor child and aged parents. It precedes the feeding of the mixture into the kiln where the burning takes place.

Emphasis was on the central theme of suffering. The Court further observed that the American Courts in their majority opinions, therefore, clearly support a case for censorship. It has also been observed that a few swear words, the like of which can be heard everyday in every city, town and village street, would not tempt any adult to use them because they are used in this film. The requirements of art and literature include within themselves a comprehensive view of social life and not only in its ideal form and the line is to be drawn where the average moral man begins to feel embarrassed or disgusted at a naked portrayal of life without the redeeming touch of art or genius or social value.

A lifetime of experience in administration may make a member of the civil services a good and able administrator, but not a necessarily good, able and impartial adjudicator with a judicial temperament capable of rendering decisions which have to (i) inform the parties about the reasons for the decision; (ii) demonstrate fairness and correctness of the decision and absence of arbitrariness; and (iii) ensure that justice is not only done, but also seem to be done.

" The determination of the question whether a landlord bad habit- ually infringed the rights of his tenants was left to the Court of Wards. Proceeding further, the Court opined that the task of the censor is extremely delicate and its duties cannot be the subject of an exhaustive set of commands established by prior ratiocination. Therefore, the expression is more an expression indicating a particular tenure rather than a particular interest enjoyed by the Taluqdar . If the depraved begins to see in these things more than what an average person would, in much the same way, as it is wrongly said, a Frenchman seas a womans legs in everything, it cannot be helped.