We should, therefore, appreciate the photograph and the article in the light of the message it wants to convey, that is to eradicate the evil of racism and apartheid in the society and to promote love and marriage between white-skinned man and a black-skinned woman. The picture promotes love affair, leading to a marriage, between a white-skinned man and a [pic]black- skinned woman. (10) The Board had no authority to fix scales of pay for a period of 3 years (subject to review by the Govt.
Once the matter is found to be obscene, the question may arise as to whether the impugned matter falls within any of the exceptions contained in the section. Only those sex- related materials which have a tendency of exciting lustful thoughts can be held to be obscene, but the obscenity has to be judged from the point of view of an average person, by applying contemporary community standards. The picture should be suggestive of deprave mind and designed to excite sexual passion in persons who are likely to see it, which will depend on the particular posture and the background in which the nude/semi-nude woman is depicted.
As per interpretative Rule 2(a) even though presented unassembled they have to be classified as a complete article. With regard to the quantum of sentence, the Sessions Supreme Court Law firms noticed the well- settled principles laid down by this Supreme Court Law firms in Bachan Singh v. State of Punjab, (1980) 2 SCC 684; Macchi Singh and Ors. When viewed in that angle, we are not prepared to say that the picture or the article which was reproduced by Sports World and the Anandabazar Patrika be said to be objectionable so as to initiate proceedings under Section 292 IPC or under Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
The Supreme Court India Law firms also referred to Bobby Art International (supra), Ajay Goswami (supra) and held that applying the community tolerance test, the photograph was not suggestive of deprave minds and designed to excite sexual passion in persons who are likely to look at them and see them. Proceeding further, the Supreme Court advocates ruled that:- The message, the photograph wants to convey is that the colour of skin matters little and love champions over colour.
The Supreme Court India lawyers observed that Boris Becker himself in the article published in the German magazine, spoke of the racial discrimination prevalent in Germany and the article highlighted Boris Beckers protest against racism in Germany. On a scanning of the entire Act and applying various principles, we find that the Act does not confer any such power on the Board and the expression subject to used in Section 22 makes it a conditional one. It has also been observed that a few swear words, the like of which can be heard everyday in every city, town and village street, would not tempt any adult to use them because they are used in this film.
Thus, the aforesaid decision applies the contemporary community standards test and rules that the factum of obscenity has to be judged from the point of view of an average person. by appointing another Wage Board at the end of these 3 years) and (11) The Board was handicapped for want of Cost of Living Index. A picture of a nude/semi-nude woman, as such, cannot per se be called obscene unless it has the tendency to arouse the feeling of or revealing an overt sexual desire. In this case, it is fairly not being denied that the components were imported in CKD packs.
Emphasis was on the central theme of suffering. The components imported had the essential character of a complete car even though presented advocates in Supreme Court (More Help) unassembled form. Thus, as per this interpretative rule, even though an article is incomplete or unfinished when it is presented for clearance, if that article has the essential character of the complete article and/or even though the complete or finished article is presented in an unassembled or dissembled form the classification must be as a complete article.
It has to yield to other provisions of the Act. As the entire Regulation centres around the said subject, the said Regulation deserves to be declared ultra vires, and we do so. State of Punjab, (1983) 3 SCC 470; Dhananjoy Chatterjee v. The power to fix the tariff has not been given to the Board. In view of that the Board cannot frame a Regulation which will cover the area pertaining to determination of network tariff for city or local gas distribution network and compression charge for CNG.
Thus what was imported was completely knocked-down cars. It has also taken note of the fact that sex had not been glorified in the film. The Supreme Court lawyers further proceeded to state that the photograph has no tendency to deprave or corrupt the minds of the people because the said picture has to be viewed in the background in which it was shown and the message it has to convey to the public and the world at large. State of West Bengal, [1994] INSC 16; (1994) 2 SCC 220; It will be seen that the Award is a composite scheme providing for what is termed gratuity therein under three conditions, namely, (1) where there is retrenchment, (ii) where there is termination of service for any (1) [1960] (2) S.