" The argument is that the Explanation states in clear terms what an industrial establishment means in certain sections of the Act including s. A 1 to cultivate rubber, cinchona, coffee and any such crop as the lessee construed it to be proper. The Act singles out the Press for levying upon it a direct burden which is excessive and so restrictive as to be prohibitive. It uses the word " establishment " only. 919, 943dissenting opinion of Douglas, J. We agree, however, that if s.

25E does not contain the 715 expression "industrial establishment". Learned counsel for the respondent has suggested that the test has been laid down by the Legislature itself in the Explanation to s. 25E has reference to an industrial establishment. of the Factories Act, 1948, or a mine as defined in cl. 2(b) of the Rent Control Act by using two different words distinguishes a hotel from a lodging house in some respects and indicates that the former is an establishment where not merely lodging but some other amenities are provided.

25C and the definition of " layoff " in s. That Explanation states:- " In this section and in sections 25C, 25D and 25E, "industrial establishment " means- (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948; or (ii) a mine as defined in clause (j) of section 2 of the Mines Act, 1952; or (iii) a plantation as defined in clause (f ) of section 2 of the Plantations Labour Act, 1951.

On the footing that the word " establishment " in s. Campbell Hunt as per Exh. 2 (kkk) of the Act, as it must be read, the word " establishment " in s. It is also urged on behalf of the appellants that the instruction/Circular dated 22. 25E means an industrial establishment, what then is the effect of the Explanation ? 2 of the Mines Act, 1952, or a plantation as defined in cl. The contention of the respondent is that an industrial establishment may be either a factory as defined in clause (m) of s.

Illinois[1952] USSC 75; , 96 L. As a transaction of this kind involving immovable property is essentially governed by the terms and conditions concurred upon by the parties thereto, no unilateral alteration or modification thereof, unless agreed to by both, in categorical terms, ought to be permitted to be pleaded or enforced by anyone of them to the disadvantage of the other. While the Press enjoys no immunity from the application of the general laws relating to industrial relations, an Act or any 23 of its provision would violate the right of free speech and expression if it lays a direct and preferential burden on the freedom of the Press ; if it has a tendency to curtail circulation and thereby narrow the scope of disseminating information; if it fetters the petitioners' freedom to choose the means of exercising' their right to freedom of expression and if it is likely to undermine the independence of the Press by having to seek Government aid.

25E, and on a proper construction it negatives the idea of a factory and a mineforming parts of one establishment. At a pole every elector can cast one vote in favour of one candidate and another in favour of another. As the lease deed dated 21. In the cognate Act, the Bombay Rents Hotel and Lodging House Rates Control Act, 1947, however, the definition clause gives the same meaning to the words 'hotel' and lodging house'. As the decisions impugned would reveal, the High Court negated the plaintiffs assertion that the suit land at the time of the initiation of the lease in the year 1918 was a private forest and thus stood excluded from the applicability of Act 1963 in terms of Section 3 (1) (vii) thereof, as it was granted to Mr.

1990 issued by the CBDT was binding on the primary authority on the ratio of the decision of this Court in K. It was, however, never questioned that the Imperial Hotel, New Delhi, is a hotel within the meaning of that word as it is commonly understood, or even as it is defined in the cognate Act. 1918 proclaims in no uncertain terms that the transaction evidenced thereby was by no means a tenancy in respect of plantation, the same with efflux of time, in our estimate cannot transfigure into the same merely because a plantation has been raised on the leasehold land in between by the lessee who had been left at its discretion to grow the same.

It was contended that it was open to an elector to cast both his votes in favour of the two candidates standing for a general seat or the two candidates for the reserved seat or one for the general seat and the other for reserved seat and that there was no law which enjoins an elector to cast one vote for the general seat and the other for the reserved seat. In absence of a conscious intervention of the parties to the lease, either to convert it into one for tenancy in respect of such plantation ad idem or to extend it thereto, an automatic transformation of the lease not for plantation cannot stand converted into one for plantation.

372 Obviously, the three words do not mean the same establishment.