Atma Ram Sridhar Vaidya (1), has laid it down that cl (5) of Art. Mouskar who was very 563 much her senior and whom she was bound to obey. There is no evidence that Dr. Mouskar was sure to deny that he had asked her to make the alteration and as against his, her evidence was not likely to be accepted. R and their statements in Court; Thirdly, the question of unlawful assembly and common object being present.

" But the case of The State of Bombay v. Mouskar or would have been in any difficulty if she had told the truth even at the risk of putting Dr. We believe that the following issues have emerged from the arguments put forward by the defense and from the testimonies of the prosecution witnesses. She had clearly forgotten while inventing this story that Dr. It is necessary to begin with the definitions of parliamentary constituency and election.

The second condition of such a detention is fulfilled only after the detenu has been supplied with such information as will enable him to make a representation. It was therefore that she hit upon the idea of interposing Dr. 3, have to be supplied. The basis of gross revenue was the only proper and convenient method of ascertaining the actual status of a newspaper establishment for fixing a wage structure. Saify as the person who had told her that Dr.

Apart from that there does not appear to be any other explanation as to why Dr. It would be dangerous to go by the profit and loss of individual concerns to ascertain their capacity to pay. Patel who worked in Unit No. She thought of saying that she did it under the orders of Dr. The High Supreme Court India lawyers, then, on a reading of the Order No. Saify in the hospital on the day in question. Anija admitted to the police that she had written out the words " Diabetic coma " on the letter from the police of November 15, asking for the cause of death and this she later denied.

These definitions show that it is a parliamentary constituency that sends the representatives to fill the seats in the House of the People. Firstly, the place of occurrence of the incident; Secondly, the inconsistencies in the statements given by the prosecution witnesses in the F. If the information supplied in order to enable a detenu (1) [1951] INSC 5; (1951) S. I have said that the Courts below have not been able to find any explanation as to why Dr. Mouskar in the hope that Dr. Divatia, the Chairman of the Board, had wide and considerable experience as Chairman of the Textile Labour Enquiry Committee, Bombay, had been the President of the First Industrial Court to be set up in India in 1938, and had worked as an Industrial Tribunal dealing with several disputes as between several banks and employees, as well as between several insurance companies and their employees.

Anija had falsely introduced Dr. Mouskar did not support Dr. It seems to me that when the alteration which she had made on her own, was found out in the course of the investigation, she had to give some explanation as to why she had made it. 85, set out above, has held that paragraphs 1, 2, 3 and 4 are not the grounds of detention, as contemplated by s. 22 of the Constitution, confers two distinct though interrelated rights on the petitioner, namely, (1) the right to be informed of the grounds on which the order of detention has been made, and (2) the right to be enabled, at the earliest opportunity, to make a representation against the order.

Saify was away on leave but that of course makes no difference for if she had remembered it, she might have named somebody else, probably Dr. Anija expected anything from Dr. The High Court was right in its literal construction of the order impugned in this case, which proceeds to recite the four numbered paragraphs, preceded by the introductory clause " as evidenced by the particulars given below. Anija introduced the name of Dr. I have also said that Dr.

The order under appeal takes the view that the various grounds of detention, are stated in s. If the Wage Board adopted gross revenue as a workable basis for classification there was nothing wrong and that fact could not vitiate its decision. 2(d) of the Act defines "election-" to mean an election to fill a seat or seats inter alia in House of Parliament. Profits of newspaper establishments were vague and difficult to ascertain as many things are mixed up in calculating profit.

Some sort of classification was inevitable when the newspaper establishments all over the country had to be considered for fixing the rates of wages. But she also realised that Dr. Saify being also a very young person, there was some chance of her evidence being accepted as against his. This Court further pointed out in that case, that the grounds which have a rational connection with the objects mentioned in s. Anija had any talk directly with Dr. Elections are held from such constituencies and candidates declared duly elected fill the seats in the House of Parliament to which they are elected.

Then it has to be remembered that Dr. 3 (1)(a) (i) (ii) (iii) and (b) of the Act, and that there can be no grounds apart from those. Saify in between her and Dr. As soon as that is done, the first condition of a valid detention is complied with. Anija introduce the name of Dr. 3 of the Act, but that they only constitute different pieces of evidence by which the authority making the order came to the conclusion that the petitioner was acting in a manner prejudicial to the maintenance of public order, which was the only ground on which the order of detention in question was founded.

Anija introduced the name of Dr. Section 2(f) of the Representation of the People Act, 43 of 1950, defines a " parliamentary constituency " as meaning a constituency provided by law for the purpose of elections to the House of the People; whereas s. Let us now proceed to consider the position under the relevant provisions of the Act. Even the Bank Award has taken the "turnover" or the aggregate resources as the basis of the classification.

Mouskar in a difficult situation. Mouskar had wanted the direction as to postmortem examination to be crossed out and diabetic coma to be stated as the cause of death. I have earlier said that Dr. Anija as to the presence of Dr.