It was pressed upon this Court to hold that the said restriction passed the test laid down in Art. 19(4) of the Constitution. Abdul Nabi was the Quarter Master of the Nizam. There the constitutional validity of s. 9 suit, which amounted to a ouster, was complete at the date of the ouster and S. The said pact is a lengthy document, though precisely drawn, and to read it in full is to unnecessarily burden the judgment. However, when we come to discrimination under Article 14, we are unable to agree with counsel for the petitioners that there is no intelligible differentia between the medium of print, broadcast and real live speech as opposed to speech on the internet.
I shall, therefore, briefly summarize its terms. 15(2)(b) of the Indian Criminal Law Amendment Act, 1908, was impugned on the ground that it fell outside the scope of authorized restrictions in Art. 136 is couched in widest terms, the practice of this Court is not to interfere on questions of fact except in excep- tional cases when the finding is such that it shocks the conscience of the court. The main question Solicitors in Chandigarh the appeals is whether the said pact violates the law laid down by this Court.
19(4) of the Constitution. The Act also provided for an enquiry before an Advisory Board and the subsequent review of the order by the Government on the basis of the said enquiry. 23 Of the Limitation Act could not apply so as to save limitation. McLure at once ordered full speed astern and caused three short blasts to be given; but the collision occurred within about two minutes. 981 The function of nautical assessors is to advise the court upon nautical matters but the decision of the court rests entirely with the court and even in purely nautical matters the court is I not bound to follow the advice of the assessors, but on questions of nautical science and skill great attention must be paid to the opinion of the assessors since they are the only source of information on these points and some reason must be given for disregarding them.
and at that time the Nizam was steering a course north 86 degree east. The intelligible differentia is clear – the internet gives any individual a platform which requires very little or no payment through which to air his views. In the circumstances, no case has been made out for our not accepting the said findings. The issue of a notification by the State Government declaring an association unlawful was made to depend upon its subjective satisfaction of certain objective factors.
The Nizam had already altered her course to port. south of the fairway buoy and she was then steering a course of north 80′ west; by about 6-45 p. We have already held that Section 66A creates an offence which is vague and overbroad, and, therefore, unconstitutional under Article 19(1)(a) and not saved by Article 19(2). His evidence was to the effect that Mason came on the bridge at about 6-30 p. We make it clear that there is an intelligible differentia between speech on the internet and other mediums of communication for which separate offences can certainly be created by legislation.
835-838/2014 before the High Court of Karnataka against the order of conviction dated 27. If the petitioners were right, this Article 14 argument would apply equally to all other offences created by the Information Technology Act which are not the subject matter of challenge Top Lawyer in Chandigarh these petitions. family lawyer in Chandigarh rejecting the con- tention, Patanjali Sastri, C. Before considering this contention it would be convenient to notice the terms of the said pact. The learned Additional Solicitor General has correctly said that something posted on a site or website travels like lightning and can reach millions of persons all over the world.
Provided further that this sub-section shall not apply to any company in which the public are substantially interested or to a subsidiary company of such a company if the whole of the share capital of such subsidiary company is held by the parent company or by the nominees thereof. We find, therefore, that the challenge on the ground of Article 14 must fail. In the present case, the High Court has not contravened any of the principles laid down in Sheo Swarup’s case (1) and has also given reasons which led it to hold that the acquittal was not justified.
State of Karnataka was not made a party-respondent in the Criminal Appeal. Thus tested, the injury to the appellants resulting from the decree obtained by the trustees in the s. We have also held that the wider range of circulation over the internet cannot restrict the content of the right under Article 19(1)(a) nor can it justify its denial. she was on the mid- line of the channel when she sighted the Nizam on the port bow. 2014 – All the Accused filed the Criminal Appeal Nos.
(2) Notwithstanding anything contained in sub-section (1) or sub- section (1A) if the Board is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, fix tariff values for any class of imported goods or export goods, having regard to the trend of value of such or like goods, and where any such tariff values are fixed, the duty shall be chargeable with reference to such tariff value.