Rajasthan Court February 1955 Judgments
Allahnoor Vs. District Magistrate, Chittorgarh
Court: Rajasthan
Decided on: Feb-06-1955
Reported in: AIR1956Raj153
Wanchoo, C.J.1. This is an application by Allahnoor under Article 226 of the Constitution for a writ, direction or order to the District Magistrate of Chittorgarh, and arises in the following circumstances:2. The applicant is a person carrying on trade and business of manufacturing file-works, and sale or gun-powder at Nimbahera. In that connection, he applied to the District Magistrate of Chittorgarh for a no-objection certificate under Rule 85(3) of the Explosives Rules as he desired to obtain a license for 200 pounds of gun-powder from the Chief Inspector of Explosives. The District Magistrate, however, rejected the application without even looking at the site where the applicant proposed to carry on the business, and gave, no reasons to the applicant for such rejection.The applicant, therefore, has come up to this Court and his contention is that he is being deprived of his occupation, and thus his fundamental right granted under Article 19(1)(g) of the Constitution has been violat...
Tag this Judgment!The State Vs. Shantilal and ors.
Court: Rajasthan
Decided on: Feb-04-1955
Reported in: AIR1955Raj141; 1955CriLJ1205
Wanchoo, C.J.1. The following question has been referred1 by a learned Single Judge for answer by a Division BenchWhether Section 498, Cr.PC gives wider powers to the High Court or the Sessions Judge than those envisaged by Section 497, Cr.PCThe question has arisen in connection with an application for cancellation of bail granted by the Sessions Judge Under Section 498. The contention of the Government Advocate is that the conditions laid down in Section 497, Cr.PC govern the grant of bail by the High Court or the Sessions Judge Under Section 498, and that that section does not confer any power on the High Court or the Sessions Judge to give bail irrespective of the conditions mentioned in Section 497.2. Chapter XXXIX, Criminal P. C, deals with bail. It begins with Section 496 which provides for bail in bailable cases. Then comes Section 497 which provides for bail in non-bailable cases, and the main restriction provided by Section 497 is that bail shall not be granted if there appear...
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