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Rajasthan Court May 1949 Judgments

May 17 1949

Sugan Chand and anr. Vs. Rex

Court: Rajasthan

Decided on: May-17-1949

Reported in: AIR1950Raj24; 1950CriLJ1075

ORDERAtma Charan, J.C.1. The admitted facts of the case are that the accused-applicants had in their possession 'cloth' exceeding ten pounds in weight each at the Beawar Railway Station and bad purchased tickets from Beawar to Bijainagar. Both Beawar and Bijainagar are situated within the Province of Ajmer-Merwara. The contention, as such, on behalf of the accused-applicants before the court is that under para. 3 of General permit No. l appended to Notification no. 1o1/19-Tex 1/48, dated cloth November 1948, the accused-applicants could have taken 'cloth' without any restriction of weight from any place in one zone to any other place in that zone. Paragraph 3 reads that 'any person may transport... by road, air, sea...or as a railway parcel by a passenger train any 'cloth'...from any place in any zone...to any other place in the same zone.' The accused-applicants accordingly could have transported 'cloth' without any restriction of weight from any place in one zone to any other place i...

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May 04 1949

Giani Kartar Singh and ors. Vs. Rex

Court: Rajasthan

Decided on: May-04-1949

Reported in: 1950CriLJ1069

ORDERAtma Charan, J.C.1. This is an application by Giani Ear-tar Singh and sis others Under Section 491, Criminal P.C. Except Giani Kartar Singh all others are reported to have been released and are at present not under detention. Their habeas corpus application, as such, has now become infructuous, and is struck off.2. Two main points have been raised on behalf of Giani Kartar Singh before the Court- firstly, that the Punjab Act, II [2] of 1947, has now ceased to have effect and secondly, that the order of detention has been passed on no sufficient grounds.3. Punjab Act, II [20] of 1947, in my opinion, N has not as yet ceased to have effect. Section 93, Government of India Act, 1935, no doubt, now stands omitted by the India (Provisional Constitution) Order, 1947. Section 18 (3), Indian Independence Act, 1947, however, lays down that;Save as otherwise expressly provided in this Act, the law of British India and of the several parts thereof existing immediately before the appointed day...

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