It assumes the attributes and elements of the activity under Art. Her liver, pancreas and kidney were found to have no pathological lesions, and it is significant that no question was even attempted to establish that the opinion of Dr. Is this pen-down strike a strike within s. In our opinion the said process cannot be said to be one which results in changing the identity of the cloth which is subject to the said treatment and the said process does not give rise to a new product which is marketable.
Learned counsel for the appellant suggested that the examination by Dr. It is the cumulative effect of the various processes to which the raw material is subjected to (sic that the) manufactured product emerges. We find that the Central Government itself, in another matter relating to M/s. Process in manufacture or in relation to manufacture implies not only the production but the various stages through which the raw material is subjected to change by different operations.
” For the petitioner it was argued that s. Manufacture thus involves series of processes. Therefore, each step towards such production would be a process in relation to the manufacture. It is clear from the decision of the appellate tribunal that it was not at all satisfied with a substantial part ,of the documentary evidence adduced by, the Bank. 2(q) defines a strike as meaning a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.
In such a case, advertisement is a part of business even though as described by Mr. CCE, Jaipur, 1999 (112) E. Jhala performed the examination adequately, and he was also helped by his assistants. In Dalmia Industries Limited v. 698 (b) prescribe the manner in which advertisement of articles or things referred to in cl. Jhala on this part of the case was incorrect. Coma in Laxmibai’s case, as we have shown above, was not the result either of acidosis, hypoglycemia, renal failure or meningial irritation.
It is no doubt true that in some cases of coronary thrombosis, coma supervenes; but it is idle to suggest in the present case that Laxmibai was afflicted by this type of coma, because Dr. Munshi its creative part, and it was being used for the purpose Supreme Court of India furthering the business of the petitioners and had no relationship with what may be called the essential concept of the freedom of speech. has passed an Order on 17-5- 1977 (page 83 of Paper Book) wherein, it has been held that the transformation brought about the dipping of cotton fabrics in a soap solution is not a permanent one; it is not an operation which results in the production of a new article which could be bought and sold as such in the market.
This suggestion, in our opinion, ought to have been put forward during the cross-examination of the witness, and it is unfair now to suggest that the opinion that no lesions were found was based on either improper or inadequate examination. An advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. It was conceded before the appellate tribunal that a pen-down strike falls within this definition, and this position is not seriously disputed before us either.
The finding of the tribunal on this point is that the persons who took part in the pen-down strike not only ceased to work but continued to occupy their seats. A tumultuous crowd had gathered outside the premises of the Bank and some persons in the crowd were shouting slogans in support of the strike. According to Otto Saphir, a myocardial infarct is easily detected. It cannot be said that the right to publish and distribute commercial advertisements advertising an individual’s personal business is a part of freedom of speech guaranteed by the Constitution.
When it takes the form of a commercial advertisement which has an element of trade or commerce it no longer falls within the concept Supreme Court of India freedom of speech for the object is not propagation of ideas- social, political or economic or furtherance of literature or human thought ; but as in the present case the commendation of the efficacy, value and importance in treatment of particular diseases by certain drugs and medicines. It held that the affidavits filed by the Bank were sometimes prepared en masse and the deponents simply put their signatures on them.
The first contention raised by the Bank is in regard to the conduct of the employees in entering upon a pen-down strike and its effect on their claim for reinstatement. 14 may be sent confidentially. The condition of Laxmibai clearly indicated an impairment Supreme Court of India the central nervous system. 19(1) which it seeks to aid by bringing it to the notice Supreme Court of India the public. Where any particular process is so integrally connected with the ultimate production of goods that but for that process manufacture or processing of goods would be impossible or commercially inexpedient, that process is one in relation to the manufacture.
Jhala might have been superficial, and might not have included a microscopical examination of sections of some of the vital organs normally affected by diabetes. 2(q) of the Act or not? 3(d) is delegated legislation and not conditional legislation as the power delegated therein is only to specify conditions and diseases in the rules. The said process cannot, therefore, be regarded as a manufacturing process. Jhala who performed the postmortem examination and opened the coronary arteries found no evidence of thrombosis.