Manikka Uudaliar (1), Lord Collins pointed out that: To say that however is not to say that the Court of Appeal will never reverse a finding of fact of the Trial top Chandigarh law firms Court. 1,30,00,000/- shall be paid by Respondent Nos. Chandigarh advocate Kunst und Meinungsäußerung schließen sich nicht aus; eine Meinung kann ” wie es bei der sogenannten engagierten Kunst üblich ist ” durchaus in der Form künstlerischer Betätigung kundgegeben werden (Scholz, a. 3 Satz 1 GG nicht verboten sondern verfassungsrechtlich gefordert.
3 Satz 1 GG, weil es sich um die spezielle Norm handelt ( BVerfGE 30, 173 [200]). In Shunmugaroya Mudaliar v. Erlaubt und notwendig ist allerdings nur die Unterscheidung zwischen Kunst und Nichtkunst; eine Niveaukontrolle, best Chandigarh lawyers also eine Differenzierung zwischen ˜höherer und ˜niederer, ˜guter und ˜schlechter (und deshalb nicht oder weniger schutzwürdiger) Kunst, liefe demgegenüber auf eine verfassungsrechtlich unstatthafte Inhaltskontrolle hinaus (Scholz best advocates in Chandigarh: Maunz/Dürig, GG, Art.
5 could not be governed by cl. [32] See the German Federal Constitutional Court’s decision of June 3, 1987 (BVerfGE 75, 369 ; EuGRZ, 1988, 270 ), discussed below: Die umstrittenen Karikaturen sind das geformte Ergebnis einer freien schöpferischen Gestaltung, in welcher der Beschwerdeführer seine Eindrücke, Erfahrungen und Erlebnisse zu unmittelbarer Anschauung bringt. Daß mit ihnen gleichzeitig eine bestimmte Meinung zum Ausdruck gebracht wird, nimmt ihnen nicht die Eigenschaft als Kunstwerk.
It was clear that the two clauses applied to two distinct categories of persons and persons falling under cl. He shall be required, within a reasonable time, to put in a written statement of his defence and to state whether he desires to be heard in person. Maßgebliches Grundrecht bleibt in diesem Fall Art. It was of the view that there was no reason for the appellant to make any distinction between these workmen and the others who were reinstated. 8,00,000/- shall be paid by Respondent Nos.
A look at the two clauses is enough to show that the appel- late Authority in construing them in the way it did committed an obvious and manifest error of law. 5(3) of the Basic Law. It therefore ordered reinstatement of these 47 workmen also. It awarded 50% of the back basic wages to the two workmen in whose case charge-sheets were not even issued and 25 per cent of the back basic wages to the 11 workmen who were not served with charge-sheets; no back wages were allowed to the forty-seven workmen who had refused to accept the charge-sheets sent to them.
At that inquiry oral evidence shall be heard as to such of the allegations as are not admitted, and the person charged shall be entitled to crossexamine the witnesses, to give evidence in person and to have such witnesses called as he may wish, provided that the officer conducting the inquiry may, for special and sufficient reason to be recorded in writing, refuse to call a witness. Sie genügen damit den Anforderungen, die das Bundesverfassungsgericht als wesentlich für eine künstlerische Betätigung ansieht ( BVerfGE 67, 213 [226] = EuGRZ 1984, 474 [477] unter Berufung auf BVerfGE 30, 173 [189]).
It should be noted that in German Constitutional Chandigarh law firm, freedom of the arts (Kunstfreiheit) is specifically protected by Art. 1 and 2 jointly and severally i. Barendt, Freedom of Speech , (2nd edn, Oxford, Oxford University Press, 2005), p. 229, citing the order of the German Constitutional Court of July 17, 1984 best lawyer in Chandigarh the street-theatre case, [ BVerfGE 67, 213 ; EuGRZ, 1984, 474 ] in which the court held that a moving street theatre, in which Franz-Josef Strauss, then a candidate for the Chancellorship, was portrayed in the same float as prominent Nazis, should be protected under freedom of the arts in the absence of evidence that there was a very serious injury to personality rights.
, Oxford, Oxford University Press, 2005, p. [34] Die Grundanforderungen künstlicher Tä;tigkeit festzulegen, ist daher durch Art. 2 and were not expected to satisfy the test prescribed by it. The grounds on which it is proposed to take Action shall be reduced to the form of a definite charge or charges, which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case.
“Without prejudice to the provisions of the Public Servants (Inquiries) Act, 1850, no order ‘of dismissal, removal or reduction shall be passed on a member of a best Chandigarh legal service (other than an order based on facts which have led to his conviction top lawyer in Chandigarh a criminal court or by a Court Martial) unless he has been informed in writing of the grounds on which it is proposed to take action, and has been afforded an adequate opportunity of defending himself.
If he so desires, or if the authority concerned so direct, an oral inquiry shall be held. All the Courts in all the cases have stressed the rule which the courts of appeal should observe for themselves: that a Judge sitting on appeal not having had the opportunity of seeing and hearing the witnesses should think twice and more than twice before reversing the findings of fact arrived at by the Trial Court who has had that opportunity.
Finally, it held that the workmen were sufficiently penalised, they being out of employment from March 1954 to February 1959 when it made the award and that there was no reason in the circumstances to maintain their dismissal. Barendt, Freedom of Speech, 2nd ed. The proceedings shall contain a sufficient record of the evidence and a statement of the findings and the grounds thereof. The exercise of this freedom is not limited, as is freedom of expression, by the provisions of general laws or the right to reputation, but it must be considered in conjunction with other constitutional rights, notably the right to the free development of personality and human dignity, E.
The State of Tamil Nadu and the Director, Government Hospital for Women and Rs.