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I, which was found near the cot of Daya Ram, and the pistol Ex. 0 of 1956 and 37 of 1956 impugn the former notification 399 but the grounds of attack against both are common. "It is thus clear that these 96 workmen had been working in the production departments from as far back as the beginning of the year 1951 and so the completion of the erection work cannot be put forward as the ground for their retrenchment".
The former relates to the agency of supply of sugarcane to the factories and the latter relates to the creation of zones for particular factories. The learned senior counsel places reliance Advocates (hop over to this site) on the decision of this Court in the case of Vijayalakshmi Rice Mill v. The petitioners are sugarcane growers in the several villages of the Districts of Meerut, Kheri, Gorakhpur and Deoria in the State of U. All the Petitions except Nos. Associated with them are the President, the Vice-Presidents and the Secretary of an association which is styled "the Ganna Utpadak Sangh" which is a rival body to the Co-operative Development Unions established and recognised under the impugned Act.
On reaching the appellant's house, which adjoins the resid- ential house of Ratto, the appellant stated that the pistol Ex. All these Petitions involve common questions of law and may be disposed of by one judgment. The impugned Act is challenged as ultra vires the powers of the State Legislature, the subject-matter of the Act being within the exclusive field of Parliament and also as being repugnant to Act LXV of 1951 and Act X of 1955 passed by Parliament, and section 15 and section 16 (1) (a) and 2 (b) and the notifications issued thereunder are challenged as unconstitutional inasmuch as they infringe the fundamental rights guaranteed under article 14, article 19(1)(c), (f) and (g) and article 31 besides being in violation of article 301 of the Constitution.
From a secret place Advocates (hop over to this site) he took out a key and opened the lock of his house with it. The notification dated 27th September, 1954, issued in exercise of the powers conferred by sub-section 1 (a) read with sub-section 2(b) of section 16 of the impugned Act ordered that where not less than 3/4 of the cane growers of the area of operation of a Cane Growers Co-operative Society are members of the Society, the occupier of the factory for Advocates (try what he says) which the area is assigned shall not purchase or enter into agreement to purchase cane grown by a cane grower except through such Cane Growers Co-operative Society.
The learned senior counsel further contends that the developmental cess sought to be levied in the instant case is fee, the power to levy which has been conferred upon the State Legislature under Entry 66 read with Entry 28 of List II. The result of these findings was the negation of the grant of the prayers contained in the respective applications, but in addition, the court declared that the action of the Management was an illegal change and, therefore, the notice whereby the experiment was attempted to be tried, should be withdrawn.
III were sent to Shyam Narain, a Deputy Superintendent of Police, who is ,a fire- arms expert of the C. The SubInspector and the appellant went to village Dhakeri and Kartar Singh, Mahtab Singh and Khamani were invited to witness the events that might follow. at the very outset, it will have to be held that the Preamble cannot control the scope of the applicability of the Act. He made scientific tests. If the provision contained in the main Act are clear and without any ambiguity and the purpose of the Legislation can be thereby duly understood without any effort, there is no necessity to even look into the Preamble for that purpose.
The notification dated 9th November, 1955 was issued in exercise of the powers conferred by section 15 of the impugned Act and reserved or assigned to the sugar factories mentioned in column 2 of the Schedule annexed thereto the cane purchasing centers (with the authorities attached to them) specified against them in column 3 for the purpose of supply of sugarcane during the crushing season 1955-56 subject to the conditions and explanations given therein.
He came to the conclusion as the result of the various tests made by him that the cartridge Ex, I Advocates (hop over to this site) was fired from the pistol Ex. III, and three live 12-bore cartridges. The appellant removed the plaster at this place and from inside took out the country made 12bore pistol Ex. numbering 4,724 in the aggregate. It is further contended that the Constitution does not prohibit levy of fee on either sale of agricultural produce or even without a sale, bringing in any agricultural produce in the market area, be it for processing or manufacturing.
III and no other fire- arm. 18-G of the Act, no order having been issued by the Central Government thereunder, no question of repugnancy could arise, as repugnancy must exist as a fact and not as a mere possibility and the existence of such an order would be an essential pre-requisite for it; 395 (6) that even assuming that sugarcane was such an article and fell within the purview of s. of Uttar Pradesh Government. III had been concealed by him in a corn-bin. He then took the SubInspector and the witnesses to a mud corn-bin inside his house, which appeared to be freshly plastered at one place.