On this difference of opinion, the matter came up under section 429, Criminal Procedure Code, for hearing before Chagla C. XXXVI of 1947 and Act No. On Chandigarh Lawyer
the 15th November, 1947, two Notifications were issued by the Central Government. 865 of 1951, arising out of the Judgment, dated 2nd August, 1951, of the Court of Additional Sessions Judge, Rohtak, Gurgaon, in Criminal Revision No. LII of 1950 related to the same subject-matter, and that as Act No.
The effect of this amendment was that "pulses other than gram" were 844 also excluded from the operation of the power delegated to the Provincial Governments. XXXVI of 1947, which accordingly remained unaffected by them. A classification of these bulk consumers has a rational nexus with the object and purposes of the levy of surcharge. 2013 of the Appellate Tribunal are affirmed. LII of 1950 did not trench on the field covered by the Bombay Act No. " As already observed, the word should be given it widest connotation in view of the fact that it occurs in a legislative head conferring legislative power.
, on the other hand, held that both Act No. 801 The revision petition was heard by a Bench consisting of Bavdekar and Chainani JJ. 107(2) of the Government of India Act, 1935, the concluding portion whereof is incorporated in a proviso with further additions. In the facts and circumstances of the case, the parties are left to bear their own costs. XXXVI of 1947, in which case the trial by the Resident First Class Magistrate would be without jurisdiction ; or whether it is punishable under section 7 of the Essential Supplies (Temporary Powers) Act, as amended by Act No.
Srinivasan (1972) 4 SCC 526 a question arose whether the term income tax as employed in Section 2 of the Finance Act, 1964, would include surcharge and additional surcharge whenever provided. The argument founded on an assumed legislative practice being thus out of the way, there can be no difficulty in applying its natural and grammatical meaning to the ordinary English word "income. LII of 1950, Lawyer Chandigarh
in which case, the trial and conviction of the appellant by that Magistrate would be perfectly legal.
LII of 1950 was a Central legislation of a later date, it prevailed over the Bombay Act No. At the same time they were evidently anxious to maintain the State power of imposing non-discriminatory taxes on goods imported from other States, while upholding the economic unity of India by providing for the freedom of inter-State trade and commerce. 603 (2)-VI(2) made on the 15th November, 1947, under section 3 of the Act the Central Government directed that no order made or deemed to be made under the Act by a Provincial Government should have effect from that date so as to prohibit or restrict the movement of pulses other than gram from any place in a Province to any other place within or outside the Province or so as to regulate or control the price, production or distribution Chandigarh Lawyers
thereof in any way.
Simultaneously by Notification No. XXXVI of 1947, and that under article 254(2), the former prevailed ; and the revision petition was accordingly dismissed. 603(2)- VI(1) made under section 4 of the Act the Central Government made a further amendment in Notification No. The principle embodied therein is that when there is legislation covering the same ground both by the Centre and by the State, both of them being competent to enact the same, the law of the Centre should prevail over that of the State.
7 of the 1979 tariff is arbitrary and violative of Article 14 of the Constitution. 1996, Bakhshish Singh and Arjan Singh lodged a written complaint to the Deputy Superintendent of Police, Vigilance Bureau, Patiala. Against this judgment, the present appeal has been preferred on a certificate under article 132 (1), and the point for determination is whether contravention of section 5(1) of the Bombay Food Grains (Regulation of Movement and Sale) Order, 1949, is punishable under section 2 of the Bombay Act No.
603(2)-1 dated the 21st October, 1946. by inserting after-the word "oil-seeds" the words "and pulses other than gram". , Lawyer in Chandigarh
who agreed with Chainani J, that there was repugnancy between section 7 of Act No. As a result of this Notification the 1945 Order also ceased to have effect so as to prohibit or restrict the movement of pulses other than gram or so as to regulate or control the price, production or distribution thereof in any way.
(b) The complainant (PW-6), who was not willing to pay the bribe to the appellant herein, disclosed the entire incident before one Bakhshish Singh (PW-8) and requested for his help. Appeal under article 134(1) (c) of the Constitution of India from the Judgment and Order, dated 28th November, 1954, of the Punjab High Court in Criminal Revision No. In other words, the power delegated to the Provincial Governments was withdrawn in respect also of "pulses other than gram", so that the Provincial Governments could not thenceforth make any order controlling the production, supply and distribution of or trade or commerce in edible oils and oilseeds and pulses other than gram.
Having regard to all these facts and circumstances, we find no substance in the contention advanced by some of the appellants that the imposition of fuel surcharge under paragraph 16. State Electricity Board and 65 per cent of the total quantity of energy supplied by the Board is consumed by the industrial and railway traction consumers. Advocates in Chandigarh
LII of 1950 and section 2 of the Bombay Act No. was of the opinion that the amendments to the Essential Supplies (Temporary Powers) Act including the re-enactment of section 7 in Act No.
107 838 in England an argument which we have already discarded. In view of the above, the appeals are dismissed and the orders dated 31. Article 254(2) of the Constitution is, in substance, a reproduction of s.