It was stated that each step in the process was a step in the manufacture of paper, and the distance between the two places where the several parts were carried on was wholly immaterial in view of the words of the statute. 403 of the Criminal Precedure Code or the "subsequent change in the law introduced by the Advocate Supreme Court India (just click the up coming page) Court decision " in Kedar Nath Bajoria v. If the Ordinance is not covered by item (1) under the head" Defence ", it would then be within the competence of the State Legislature or of His Highness to promulgate it, for all other matters besides those covered by the twenty items in the Schedule in any case remained with the State.

), raw shrimps/prawns/lobsters after various processes became fit for human consumption. There must be something more " there must be a transformation by which something new and different comes into being, that is, there must now emerge an article which has a distinctive name, character or use. The result was that the appellant's prayer for quashing the pro- ceedings was rejected and the appellant has come in appeal by special leave against this decision of the High Court.

It is also urged that the High Court was not correct in holding that there was concurrent jurisdiction in the State as well as the Central Legislature even with respect to items in the Schedule and that on a correct interpretation of the Instrument of Accession, the Central Legislature alone had power to legislate with respect to the matters in the Schedule. The judgment reveals that the bordeoris who earlier belonged to five principal families of priests attached to the main temple at Kamakhya, now reduced to four families, were found to be not only the de facto but also de jure trustees of the entire concern in the Kamakhya Scheme of Endowment and the Dolois were really their agents or managers.

A title suit bearing no. 15, premises which are used solely for the manufacture of paper were excluded from the operation of the Factory Acts; there were two mills, one at Manchester and the other in Hertfordshire. State of Karnataka, (1986) 26 ELT 3 (S. The whole substantially forms one establishment. However, the aforesaid processes did not lead to a finding that there was manufacture inasmuch as shrimps/prawns/lobsters identity continued as such even after the aforesaid processes.

The Manchester mill prepared what was called half-stuff which was sent to the mill in Hertfordshire to be manufactured into paper, and the question was if the Manchester mill was exempted from the operation of the Factory Acts. We do not think it necessary to decide in this case whether the State had concurrent 690 powers to legislate on matters covered by the Schedule and shall proceed on the assumption that the Central Legislature alone had the power to legislate on these matters.

The answer given was in the affirmative. The suit was finally decided in favour of the Dolois by judgment dated 25. 45 of 1919 under Section 92 of the Civil Procedure Code was filed against the then two Dolois, seeking a fresh scheme for management of endowment known collectively as Kamakhya Endowment inclusive of Maa Kamakhya Temple or Devalaya. " In the second case the question was this : by the 73rd section of 7 and 8 Vict.

which used the expression ˜five pandas of Kamakhya Dham. The object of that suit was held to be an attempt to supersede the Bordeoris from their exclusive management and control and substitute them with a body consisting of all subordinate Shebaits belonging to Brahmins of Nanan Devalayas as well as non Brahmins. The word ˜Bordeori or ˜Panda in relation to five families of Bordeoris was found used in old copper plate dated 1686 Saka era which was in force in Assam at that time and also in a parwana issued by the Commissioner of Assam to the Managing Bordeori in 1827 A.

Similarly in Sterling Foods v. But it is only indirectly concerned with the operations of the armed forces and its main purpose is to deal with persons who with intent to aid the enemy commit certain acts including assistance to the military or air operations of the enemy or impediment to the military or air operations of the Indian armed forces. Both the parties have referred to the said judgment in detail not only to demonstrate the custom which empowered the four Bordeori families to elect Dolois which is the main issue decided by the judgment but also to highlight the claim of the Bordeoris and the Dolois that they being the sole trustees of the endowment were alone competent to elect the Dolois to supervise the affairs of the temple.

The Ordinance has, in our opinion, nothing to do with the matters covered by this entry. It is true that it defines " enemy " and " enemy agent " and creates offences with reference to certain acts done with intent to aid the enemy including giving of assistance to the military or -air operations of the enemy or impeding the military or air operations of Indian forces or His Highness' forces or the forces of any Indian State. Howsoever wide an interpret- ation is given to this entry it will be seen that it deals only with the armed forces whether on land or sea or in the air and the raising or maintenance of such forces and their operations.

Item (1) under the head " Defence " deals with the naval, military and air forces of the Dominion and any other armed forces raised or maintained by the Dominion and includes any armed forces including those raised or maintained by any acceding State, which are attached to, or operating with any armed forces of the Dominion. In our humble opinion, the trial court could not proceed in such an unwarranted manner for the reason that the respondent had merely admitted his signature on the photocopy of the power of attorney and did not admit the contents thereof.

The question then which immediately arises is whether the Ordinance is covered by item (1) under the head " Defence The other items either under the head " Defence or under the head " Ancillary are immaterial for this purpose. Prior to such processing, they could not be used as articles of food. The contention on behalf of the appellants is that the provisions of the Ordinance were in particular covered by item (1) under the head " Defence ". More so, the court should have borne in mind that admissibility of a document or contents thereof may not necessarily lead to drawing any inference unless the contents thereof have some probative value.

The State of West Bengal(1).