The foregoing discussion establishes that neither the necessary condition to enable the Government to take action under s. Where, however, the appropriate Government propose to fix the minimum rates of wages without reference to the various committees, or sub-committees, it publishes its proposals by notification in the Official Gazette for the information of persons likely to be affected thereby and fixes the minimum rates of wages only after considering the representations received by it from the interested parties.

1, the latter being at the instance of a confession by the said accused, has also been established beyond any shadow of doubt. The High Court has taken note of the statement of the PW-16 that the probable cause of death was shock and hemorrhage due to grievous injury to vital organs with skull fracture involving frontal, left temporal, parietal bone with laceration to brain, fracture to the ribs and right lung rupture with strangulation, and further that the strangulation was committed by overpowering the deceased suddenly from behind.

25(1)(c) of the Act has been established nor the State Government had afforded reasonable opportunity to the petitioner within the meaning of the second proviso to s. Further, that the medical evidence and the deposition by PW-16, i. It cannot be suggested that the relevant clause in s. The High Court has carefully examined the evidence on record including testimonies of the Prosecution Witnesses and recorded the finding that the said statements do not reflect any discrepancy or inconsistency of facts and therefore must be considered as cogent, reliable and incontrovertible evidence.

In light of the chain of circumstantial evidence having been established beyond any reasonable doubt, the High Court has concluded towards the guilt of accused- appellants and confirmed the judgment of conviction passed by the Sessions Court. There is another consideration which supports this construction. Sub-sections (3A) and (3B) have been introduced into the L. The presumption has also to be raised when it is shown that the accused person has received any valuable thing.

If that is the true position Lawyers in Supreme Court of India respect of the construction of this part of s. A person for whose 'benefit the provision was conceived would be represented by the opposite party, a situation anomalous in the extreme. 4(1) which deals with the acceptance of any valuable thing should be interpreted to impose upon the prosecution an obligation to prove not only that the valuable thing has been received by the accused but that it has been received by him without consideration or for a consideration which he knows to be inadequate.

1 and 2 has been conclusively proved. 4(1) it would be unreasonable to hold that the word " gratification " in the same clause imports the necessity to prove not only the payment 601 of money but the incriminating character of the said payment. 165 of the Code; and there. The plain meaning of this clause undoubtedly requires the presumption to be raised whenever it is shown that the valuable thing has been received by the accused without anything more.

Here the work of the committees, sub-committees and advisory committees is coordinated by advisory boards and the work of the advisory boards is coordinated by the central advisory board which advises the Central Government in the matter of the fixing of the minimum rates of wages and other matters under the Act and it is after the receipt of such advice from the Central advisory board by the appro- priate Government that the latter takes action in the matter of fixation or revision of minimum rates of wages.

On the basis of the medical report as well as the Chemical Analyzers report, the High Supreme Court of India Lawyer has observed that the factum of commission of the offence of rape by the Accused No. The High Court has recorded that the recovery of weapons of murder from the place where the body of the deceased was located as well as from the house of the Accused No. Isolated attempts were made by the Uttar Pradesh and Madhya Pradesh Governments in this behalf.

(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are applicable, the appropriate Government may direct that the provisions of section 5A shall not apply, and, if it does so direct, a declaration may be made under section 6 in respect of the land at any time after the date of the publication of the notification under section 4, sub-section (1). This clause has reference to the offence punishable under s.

Such safeguards are also provided in our Minimum Wages Act, 1948. is no doubt that one of the essential ingredients of the said offence is that the valuable thing should have been received by the accused without consideration or for a consideration which he knows to be inadequate. the doctor who conducted the post-mortem examination, clearly indicates the commission of the offence of rape and the brutal murder of the deceased.

On June 18, 1947, the Government of Uttar Pradesh appointed a committee to enquire into the conditions of work of the employees of the newspaper industry in the Uttar Pradesh. These are the only questions which 34 arise in regard to the decisions of the Wage Board. Act by Act 68 of 1984 with effect from 24. Should it be held that the appointment of a representative was at the discretion of the Court of Wards, the entire object of the section would be defeated.

We would accordingly hold that lawyers in Supreme Cour of Indiat the present appeal the High Court was justified in raising the presumption against the appellant because it is admitted by him that he received Rs. It is true that the Legislature might have used the word " money " or " consideration " as has been done by the relevant section of the English statute; but if the dictionary meaning of the word " gratification " fits in with the scheme of the section and leads to the same result as the meaning of the word " valuable thing " mentioned in the same clause, we see no justification for adding any clause to qualify the word " gratification"; the view for which the appellant contends in effect amounts to adding a qualifying clause to describe gratification.

No question arises of its procedure being in accordance with the principles of the natural justice nor of the application of audi alteram partem. In regard to the decisions of the Wage Board the Court has to consider first, whether the decisions are intra vires the Act-since an authority to whom the power of subordinate legislation is delegated cannot act contrary to the statute, and secondly, do the decisions being a part of the Act in any way contravene the Constitution.