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Besides the above, recognition of the aforesaid principle is also to be found in the fact that in Shirur Mutt (supra), though the eventual conclusion of the Court upholds the validity of the Act (Madras Hindu Religious and Charitable Endowments Act, 1951) certain specific provisions i. He submitted that, no doubt, the Tribunal specifically passed the order directing the appellant to pay the salary. He found that the prosecution had failed to substantiate its allegations that ninety six thousand odd rupees, out of the entry fees collected for the competition No.
The relevant of the report (page 1030/31) will require a specific notice and therefore is extracted below. The learned magistrate, on an elaborate examination of the evidence led before him by the parties, observed in his judgment that the accused had not denied the truth of the allegations of fact made by the prosecution, but had only challenged the insinuations against him that he was actuated by a dishonest intention in carrying on the competitions, particularly, No.
To sum up: the word 'Industry' for the purposes of Entry 52 of List I has been firmly confined by Tika Ramji to the process of manufacture or production only. He observed Advocates - this guy - that there was no evidence that the accused had used any part of the Advocates (this guy) entry fees collected in any of the competitions, for his own use, or that he took any financial benefit out of the moneys collected in the recent competitions including No.
94 740 Held: (1) that under S. Learned counsel for the appellants contended that the Government of Maharashtra had passed Government Resolution dated 14. Subsequent decisions including those of other Constitution Benches have re-affirmed that Tika Ramji's case authoritatively defined the word 'industry' - to mean the process of manufacture or production and that it does not include the raw materials used in the industry or the distribution of the products of the industry.
Section 21 which empowered the Commissioner and his subordinates to enter the premises Advocates (this guy) of any religious institution at any time for performance of duties enjoined under the Act has been Advocates; this guy, struck down indicating consistency with the principle extracted above. 92 had been announced in the papers, the accused owed a total debt of prize moneys amounting to about four lacs of rupees in respect Advocates; dig this, of the previous competitions; that the accused had other debts to the tune of a lac and fifty seven 743 thousand odd rupees and that recent competitions had not even yielded sufficient amounts, collected by way of entry fees, to cover the guaranteed prize moneys.
In the result, the appeal is allowed, the decree passed 996 by the Board is set aside, and that of the Revenue Officer, Meerut affirmed by the Commissioner, restored. On that basis, it is argued that the financial burden is to be borne by the Government. The respondents will pay the costs of the appellants throughout, including the costs of the remand. But he also found that the accused had applied his own funds amounting to about a lac and a half rupees to the payment of prize moneys.
The learned counsel argued that the issue is as to whether appellant is entitled to recover this amount from the Government on the ground that the Government is providing 100% aid. Given the constitutional framework, and the weight of judicial authority it is not possible to accept an argument canvassing a wider meaning of the word 'industry'. 423(1)(a) of the Code of Criminal Procedure the High Court has, in an appeal from an order of acquittal, the power to reverse the order and find the accused guilty of the offence disclosed by the evidence.
1978 which prescribes that in case an employee of an aided school is terminated by the Management, but his termination is subsequently set aside in appeal by the competent authority, the Government would pay the back wages to the said employee subject to the satisfaction of two conditions, namely, that no other person has been appointed on the post during the intervening period and payment of back wages would not result in additional financial burden to the Government.
It was further submitted by the learned senior counsel appearing for the appellant that if the intent of the legislature was to incorporate Section 24 of SEBI Act alone as an offence, in that event, there would have been no necessity to incorporate "12A read with Section 24" inasmuch as Section 24 of the SEBI Act prescribes that all violations of provisions of SEBI Act would be punishable in terms of Section 24 of the SEBI Act, 1992. If general rule is applicable, this direction may not be of much consequence inasmuch it is the appellant who is supposed to pay the back wages to respondent No.
92, had been utilized by him for his own purposes and not for carrying on the competitions. He found that none of the statements made in the advertisements had been shown to be untrue; that it was a fact that it the time, the competition No. 4 as the employer employee relationship is between the appellant and respondent No.
