161 Indian Penal Code and s. This indicates that priority, preference and pre- eminence is given to the mother over the father of the concerned child nMohammedan law accords the custody of illegitimate children to the mother and her relations. 4 was ultra vires as it contravened Art. They thus form an essential adjunct to democracy. On appeal the High Supreme Court of India Lawyer (click the next internet page) held that on the facts of the case the statutory presumption under S.

The further definition under sub-clause (iia) covers such other instruments as may be declared by the Central Government as Securities and under sub-clause (iii) rights or interest in securities are also to be construed as securities nxxx xxx (iia) such other instruments as may be declared by the Central Government to be securities; and (iii) rights or interest in securities; The above definition is exhaustive and includes not only shares, scripts, stocks, bonds, debentures, debenture stocks or other marketable securities of a like nature in or any incorporated company.

The appellant's explanation was that he had borrowed the amount as he was in need of money for meeting the expenses of the clothing of his children who were studying in school, The Special judge accepted the evidence of the contractor and held that the money had been taken as a bribe, that the defence story was improbable and untrue, that the presumption under s. 14 of the Constitution, (ii) that the presumption under s. 4 could not be raised merely on proof of acceptance of money but it had further to be proved that the money was accepted as a bribe, (iii) and that even if the presumption arose it was rebutted when the appellant offered a reasonably probable explanation.

21 162 public opinion and to criticize the wrong done by any individual or organization however high placed. 19(1)(a), 19(1)(g), 14 and 32 Of the Constitution and that the decision of the Wage Board fixing the rates and scales of wages, which was arrived at without any consideration whatsoever as to the capacity of the newspaper industry to pay the same, imposed too heavy a financial burden on the industry and spelled its total ruin, was vitiated by a wrong approach and non-application of the proper criteria and transgressed the principles of natural justice and was, therefore, illegal and void: 9(1) laid down the principles that the Wage Board was to follow in fixing the rates of wages of working journalists.

Under those principles the Wage Board was to have regard to the cost of living, the prevalent rates of wages for comparable employments, the circumstances relating to the newspaper industry in different regions of the country and to any other circumstances which it might consider relevant. Apart from the nature of their work the conditions under which that work is to be performed, are peculiar to this profession. The law follows the principle that the maternity of a child is established in the woman who gives birth to it, irrespective of the lawfulness of her connection with the begetter.

The appellant contended (i) that S. The impugned Act, which was passed in order to implement the recommendations of the Press Commission and had for its object the regulation of the conditions of service of working journalists and other persons employed in newspaper establishments, provided, inter alia, for the payment of gratuity to a working journalist who had been in continuous service, whether before or after the commencement of the Act, for not less than three years, even when he voluntarily resigned from service, regulated hours of work and leave, provided for the payment of retrenchment compensation with retrospective effect in certain cases and by s.

The journalists are in a sense creative artists and the public rightly or, wrongly, expect from them a general omniscience and a capacity to express opinion on any topic that may arise, under the sun. The petitioners contended on various grounds that the provisions of the impugned Act violated their fundamental rights under Arts. 4 Of the Prevention of Corruption Act had to be raised and that the presumption had not been rebutted by the appellant and accordingly convicted him under s.

5 Of the Prevention of Corruption Act, 1947. However, paternity is inherently nebulous especially where the child is not an offspring of marriage. 4 had to be raised, that the explanation offered by the appellant was improbable and palpably unreasonable and that the presumption had not been rebutted, and upheld the conviction. These petitions on behalf of certain newspaper establishments challenged the constitutional validity of the Working journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, and the legality of the decision of the Wage Board, constituted thereunder, purporting to act under s.

Commissioner of Income-tax, Bihar an ordinary creditor and would not receive complete satisfaction for his decree. Furthermore, as per Section 8 of the Indian Succession Act, 1925, which applies to Christians in India, the domicile of origin of an illegitimate child is in the country in which at the time of his birth his mother is domiciled. The profession must, therefore, be manned by men of high intellectual and moral qualities.

The Third Parties Rights 171 Against Insurers Act, 1930, created a system of statutory subrogation in such cases.