Reverting to the case of the assessee, it has been using old or used gunny bags/jute waste for the manufacture of paper. The State of Bombay(2 )which also relate to sanction under s. The possession was taken under colour of legal title, that title being the undoubted right of the sovereign power to resume, and retain or assess to the public revenue, all lands within its territories upon the determination of the tenure, under which they may have been exceptionally held rent free.

Even though the Industrial Courts established under the Industrial Disputes Act, 1947, might not give them relief commensurate with the relief which the Wage Board gave to the working journalists, there was bound to be an improvement, in their conditions of service which the Industrial Supreme Court India lawyers, would certainly determine having regard to the benefits which the working journalists 188 enjoyed and this would indeed impose an additional financial burden on the newspaper establishments which would substantially affect their capacity to pay.

In that case one of the questions was whether there was an act of State at all,--a question which the Courts can legitimately consider. A defence of this kind does not seek to justify the action with reference to the law but questions the very jurisdiction of the Courts to pronounce upon the legality or justice of the action. But if they are unconnected with such duties, then no sanction is necessary. " From these cases it is manifest that an act of State is an exercise of sovereign power against an alien and neither intended nor purporting to be legally founded.

If they do, then sanction is requisite. Thus the requirement was to show that the pulp was made from any of the said materials or from the mixtures thereof. 66), who performed the autopsy and Dr. 1310:- "The result then is that whether sanction is necessary to prosecute a public servant on a charge of criminal misappropriation, will depend on whether the acts complained of hinge on his duties as a public servant. " In this view of the law we have to decide whether sanction was necessary or not and it is a matter for investigation as to whether an Army officer situated as Henderson was so removable even if there was evidence to show that he was attached to the Indian Army.

Secretary of State for India (1). 65), to whom all the case papers of Laxmibai were handed over for expert opinion. Held, that it was well settled that under the ordinary law of master and servant the power to suspend the servant without 477 pay could not be implied as a term in an ordinary contract of service between the master and the servant but must arise either from an express term in the contract itself or a statutory provision governing such contract.

This consideration also was necessarily to be borne in mind by the Wage Board in arriving at its final decision and one (foes not find anything on the record which shows that it was actually taken into consideration by the Wage Board. Secondly, it will have to be decided oil evidence that the act complained of against Henderson, that is, verifying the claim of the appellant which is the basis for the allegation of abetment of the offence of cheating is directly concerned with his official duties or it was done in the discharge of his official duties and was so integrally connected with and attached to his office as to be inseparable from them.

There is evidence neither in support of one, nor of the other. State of West Bengal (1) and Shree Kanthiah Ramayya Munipalli v. It was availing the benefit of the aforesaid notification and paying concessional rate of duty. If by means of the continuance of the tenure or for other cause, a right be claimed in derogation of this title of the government, that claim, like any other arising between the government and its subjects would prima facie be cognizable by the Municipal Courts of India.

197, Criminal Procter Code. It was held that the Begum, whose estate was seized by the East India Company after her death, was not a sovereign princess but a mere Jaidadar and the resumption of her jagir upon her death was not an act of State but an act done under a legal title. Though the body was well-preserved and had been kept in the air-conditioned morgue, there is no denying the fact that 10 days had passed between the death and the postmortem examination.

The purpose of mentioning to the aforesaid Notification is to point out this Notification listed those materials, the use whereof to manufacture paper and paper products entitled the manufacturer to get the benefit of the Notification. Provided that such paper contains not less than 75% by weight of pulp made from jute, jute waste (including hessian waste and old gunny bag waste), mesta, rice straw, wheat straw or bagasse or mixture thereof or mixture of two or more of the pulps of the aforementioned materials.

If the conditions of service of the working journalists were to be improved by the Wage Board the other employees of newspaper establishments were bound to be restive add they would certainly, at the very earliest opportunity raise industrial disputes with a view to the betterment of their conditions of service. It was observed :- " The act of Government in this case was not the seizure by arbitrary power of territories which upto that time had belonged to another sovereign State; it was the resumption of lands previously held from the government under a particular tenure, upon the alleged determination of that tenure.

Jhala performed the postmortem operation on November 23, 62 486 and he was helped by his assistants. We do not propose to deal with the cause of the death, before adverting to the findings of Dr. After reviewing all these various authorities Venkatarama Aiyar, J.