(ii) that his father Kedar Nath Dubey was murdered in respect of which said Basant Lal Dubey and his sons Lalji, Om Prakash and Gyan Prakash were facing trial; (iii) that the accused had assaulted Brahmadeen with lathies and dandas in respect of which a separate case was also going on; and (iv) regarding the present incident in question which resulted in the death of Brahmadeen. There are four items under the head " Defence ", namely- 1. It of the notification no other point would survive.

An assignment made before the filing of the application for adjudication was binding on the Official Receiver until it was annulled under ss. The Act has created a privileged class of working journalists above the other workers either in this country or anywhere also, above contract and above the law of the land. The core of the question is what is the consequence of the framing of the scheme under Chapter IV-A 141 and how it is to be implemented.

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 ". The inclusion of proofreaders in the definition of "Working Journalist" in s. The submission of the Department on the other hand is two-fold: (1) that in the very nature of things it must be left open to the Department to implement the scheme in reasonably convenient stages and (2) if the Department has applied for and obtained permits for certain routes in the scheme and has substantially implemented that scheme the implemented portion of the scheme cannot be set aside.

The wages board drafts laws for its own industry, whereas the arbitration court gives judgment on matters submitted by others. 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.

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. 2(1) of the Act is not unreasonable. 689 four heads: (A) Defence, (B) External Affairs, (C) Communications and (D) Ancillary.

68C and 68F the scheme as approved must be implemented as a whole simultaneously or not at all. 110 representative members of the latter are chosen from within the industry concerned, whereas employers and workers on arbitration tribunal come from outside the industry whose disputes they have to resolve; if in any case technical knowledge of a particular industry is required, this is normally supplied by the help of assessors who take no part in the final award. Sen Gupta-Journalism as a Career (1955 Edn.

The Ordinance has, in our opinion, nothing to do with the matters covered by this entry. The petitioners contended that on a proper construction of ss. The naval, military and air forces of the Dominion and any other armed force raised or maintained by the Dominion, any armed forces, including forces, raised or maintained by an acceding State, which are attached to, or operating with, any of the armed forces of the Dominion. 28 is valid and is construed to include a condition like cl.

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. 19 of the Constitution; we do not, however, think it neces- sary to decide this point because it was fairly conceded before us that if s.

Proof-readers occupy a very important position in the editorial staff of a newspaper (Kemsley- Manual of Journalism, p. The decision of these rival contentions would turn on the interpretation of the various sections in Chapter IV-A. We are not here concerned with heads (B) and (C) and need only consider the items under (A) and (D). This difference between the constitution of wage boards and that of arbitration tribunals clearly implies a corresponding distinction between the legislative function of the former and the judicial function of the latter.

53, 54 or 54-A of the Act. The choice of industrial arbitrators unconnected with the industries the merits of whose claims they must pledge, is evidently intended as a guarantee that they, like other judges, will be free from bias arising from personal interest ". There is nothing unreasonable in the period of notice for retrenchment in s. 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.

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. 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 order of adjudication did not by its own force divest the title of M and vest it in the Official Receiver. 25 The various sections of the Act have the effect of placing restrictions on the press which would in evitably have the effect of restricting the freedom of speech and expression in contravention of Art. 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.

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.