Reverting to the case of the assessee, it has been using old or used gunny bags/jute waste for the manufacture of paper. To that extent we agree with Shri Adhyaru, learned senior advocate appearing on behalf of revenue that the CESTAT does not seem to be correct in this behalf. The counsel for the appellant submits that ante mortem injuries are in conflict with ocular account. That is the view which industrial tribunals have generally taken in a large number of reported decisions on this point.

(c) ˜PORT CHARGES would mean port charges specified in schedule of port charges, notified by government/Board under the Indian Ports Act, 1908/Gujarat Maritime Board Act, 1981 and allied legislations/regulations from time to time. The object of the Repealing and Amending Act of 1952 was only to expurgate the amending Act of 1949, along with similar Acts, which had served its purpose. To that point we will refer later on. Explaining this rule, Judge Hand said: It was availing the benefit of the aforesaid notification and paying concessional rate of duty.

This being the position, we agree with Shri Tripathi, learned senior counsel on behalf of GMB that no service is rendered by GMB to UCL under the agreement. Despite the unreliability of hearsay evidence, it is admissible in conspiracy prosecutions. There may be reasons for distinguishing the case of those who may have acted as mere dumb driven cattle from those who have taken an active part in fomenting the trouble and instigating workmen to join such a strike, or have taken recourse to violence.

but this argument would be relevant only if it is shown by the Bank that the specific subversive acts alleged have been committed by the specific individual employees. Contrary to the usual rule, in conspiracy prosecutions, any declaration by one conspirator, made in furtherance of a conspiracy and during its pendency, is admissible against each co-conspirator. Let us now refer to some of these decisions and indicate very briefly the broad outlines of the development of industrial law on this subject.

Regarding admissibility of evidence, loosened standards prevail in a conspiracy trial. But that by itself is not decisive. It is, therefore, clear that the main object of the 1952 Act was only to strike out the unnecessary Acts and excise dead matter from the statute book in order to lighten the burden of ever increasing spate of legislation and to remove confusion from the public mind. This makes it clear that during the currency of the agreement it is not the Board but the Licensee who keeps the said jetty in such condition that it is capable of enabling vessels to berth alongside it to load and unload goods.

(See: clause 3 of the agreement). To say that it is in the nature of lease rent or licence fee, would not be correct inasmuch as a separate licence fee is payable under the agreement. (2) In cases not provided for by clauses (a) and (b) of sub-section (1), orders passed under this Act or under any rules made hereunder shall be appealable to such authorities as the State Government may prescribe. 1153 the following passage under the caption " Right in General : 1151 is given a summary of the decisions of the Supreme Court of the United States of America on this subject under the heading " The Supreme Court and the right of Free Speech and Press " and it contains at p.

lawyers in Supreme Cour of Indiat this connection, we may advert again to the prosecution case according to which the deceased was repeatedly crushed under the wheels of the tractor. But this would make no difference to the result of this case inasmuch as the very first condition that must be met under the definition of port service is not met on the facts of the present case. We may add that the rebate in wharfage charges of 80% is a condition imposed statutorily under Section 35 of the said Act. Justice Brandeis has been subsequently treated as an authoritative exposition of the problem of trade unionism and the history of its growth and development.

Obviously where the legislature uses two words may and shall in two different parts of the same provision prima facie it would appear that the legislature manifested its intent on to make one part directory and another mandatory. Incidentally the present decision is of some importance because the dissenting opinion delivered by Mr. The agreement makes it clear that it is an agreement entered into under Section 35 of the GMB Act allowing the licensee - UCL to construct a jetty and thereafter maintain it at its own cost.

The power of court to find out whether the provision is directory or mandatory remains unimpaired. The fact that they appear to constitute a double benefit does not affect their validity. Whenever industrial tribunals deal with the employees' claim for gratuity they consider the financial position of the employer before granting the employees' demand for framing a gratuity scheme; it is only if they are satisfied that the financial condition of the employer is satisfactory and the burden of the gratuity scheme can be borne by him that they proceed to frame schemes of gratuity and thereby secure for the employees the retirement benefit in the form of gratuity.