Array
(
    [0] =>  ..... present detention of the petitioner. on 4-4-1954 the government revoked the previous order of detention and passed a fresh order under section 3 of the public security act as amended by act 13 of 2010. this order was served on the detenu on the 6th of april and he made the present petition on that day challenging the orders of detention .....  of statutes that there should always be a leaning towards holding a statute as constitutional and intra vires. this principle has been recognised in a number of rulings of the indian high courts and has also been approved by our high court. in asiatic engineering co. v. achhru ram : air1951all746 it has been held that it is obvious that in  .....  courts can release the detenu.13. in the present case the order passed by the government on 4-4-1954, under section 3 (1) of the public security act as amended by act 13 of 2010 is a valid order and the counsel for the petitioner has not been able to show any material defect in that order.14. in these circumstances ..... 
    [1] =>  ..... into existence after the commencement of the new constitution.26. it is argued that the ordinance passed under section 5 was not continued by a special provision in the amending act and, therefore, the ordinance became extinct. it was not necessary, in our opinion, for any constitution-making authority to make express provision that the laws made  ..... there was no valid classification and the procedure prescribed was discriminatory. the power was given to the government to select any case in which any offence under the indian penal code might have been committed which was obviously no classification at all. but in the present case it is not so. it was legitimate for the  .....  designed or likely to give assistance to the military or air operations of the enemy or to impede the military or air operations of indian forces or the forces of any indian state or to endanger life or is guilty of incendiarism shall be punishable with death or rigorous imprisonment for life or with rigorous imprisonment  ..... 
    [2] =>  ..... at the time of the commission of the offence. if the presiding judge were to award a sentence under the criminal law amendment act, 1952, severer than that which was provided in the former law (viz., the indian penal code) then, of course, it would offend against article 20. but before the stage of sentence no question of .....  any heavier penalty arises and till the accused are tried and convicted under the new law, namely, the criminal law amendment act which was not in force when the acts constituting the offence were  .....  be existing in a particular legislation when they did not at all so exist. this rule of interpretation is very well-settled.19. in the case of amending acts ordinarily an amendment is intended to carry out the immediate legislative object. sutherland in his book on statutory construction, 3rd edn., vol. iii, pp. 410-412, has observed ..... 
    [3] =>  ..... was held that there was no contravention of article 14 of the constitution. reference may also be made to : 1957crilj605 , in which the criminal law amendment act providing for trial of cases of corruption was upheld and it was held that the persons who were charged with offence of corruption formed a class by  ..... the ruling in kathi raning rawat v. state of saurashtra, : 1952crilj805 , which is more pertinent, would show that section 11 of the saurashtra public safety measures (third amendment) ordinance which provides that a special judge shall try such offences or class of offences or such cases or class of cases as saurashtra government may, by general or  ..... is distinguishable and has no application to the present case. in that case mr. farooqi was a member of the indian police service and it was argued that discrimination had been practised against him inasmuch as any act or omission committed by a member of all india service elsewhere had to be inquired into under the all india services ..... 
    [4] =>  ..... parties. third class magistrate has by law the authority to receive evidence, he is competent to administer oaths and affirmations to every one under section 4 of the indian oaths act. if the parties are directed to swear before the concerned first class magistrate who is enquiring into the case, then it will only be a needless waste of ..... in the manner prescribed in section 539 or before any magistrate,(2) the court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.a perusal of the above provisions also makes it clear that it is not necessary that the affidavits filed in proceedings under section 145, criminal p, c.,  .....  witnesses are still required to swear their affidavits before the magistrate before whom the proceedings are pending, it would completely nullify the object for which the aforesaid amendments were made.7. there is also nothing in the rules framed for the guidance of criminal courts subordinate to the high court which may lead to a ..... 
    [5] =>  ..... fraudulently misappropriate or otherwise convert to their own use the military stores and also for dishonestly or fraudulently misappropriating the same, the said acts constitute offences under the indian penal code and under the prevention of corruption act, they are also offences under section 52. though the offence of conspiracy does not fall under section 52 it being a civil  ..... 23. it is now well settled that where the text is clear and anomalous interpretation is irresistible the court has to adopt it leaving it to the legislature to amend and alter the law and remove the anomalies. reference in this connection may usefully be made to the decisions of various courts in india reported in (1) 35 ..... if on its true construction, a statute leads to anomalous results the courts have no option but to give effect to it and leave it to the legislature to amend and alter the law. but when on a construction of a statute, two views are possible one which results in an anomaly and the other not, it  ..... 
    [6] =>  ..... we would have found something in the words 'revenue courts' to indicate the same. the fact that despite the definite distinction made in the tenancy act of 1980 no amendment was made to the words 'revenue court' leads to the irresistible conclusion that the legislature intended that the authority in order to be a revenue  ..... of sub-section (1) the term 'court' includes a civil. revenue or criminal court, but it does not include a registrar or sub-registrar under the indian registration act, 1877..the only point of interest to which we may incidentally refer is that this sub. section gives an inclusive, though not an exhaustive definition and takes  ..... within its purview not only civil and criminal courts, but also revenue courts, while excluding a registrar or sub. registrar under the indian registration act.thus on a careful consideration and analysis of these decisions it would appear that the following conditions must be satisfied before an authority can be termed as ..... 
    [7] =>  ..... move this court direct or through, the lower courts.17. lastly we cannot overlook an important aspect which flows from the amendment of the indian limitation act by inserting article 131 therein. under article 131 of the indian limitation act the period for filing a revision to the high court against an order passed under the criminal p.c. is three  ..... litigant must make out a special or extraordinary case for interference by the high court if it is moved direct is fraught with serious difficulties. since under the amendment of 1953 the sessions judges or the chief judicial magistrates have got power to grant stay or to suspend the operation of the orders of the trial courts, ..... of the high court has been existing since a lone time, the legislature made diverse changes by amending the criminal p.c. in 1955, and this was followed by a corresponding amendment of our criminal p.c. in the state, by act 42 of 1956. the legislature must be presumed to be aware of this lone-standing practice and ..... 
    [8] =>  ..... period commencing from 1st november, 1972, to 31st march, 1973, which has given rise to the present petition.7. mr. subhash dutt, the counsel for the petitioner, submitted that the amendment in rule 4 by means of notification no. s. r. o. 772 dated 1st november, 1972, applies prospectively and not retrospectively and that the petitioner could not be forced to .....  4 by a notification, s. r. o. 772 dated 1st november, 1972, whereby the annual fee of the licence under section 5 of the act was raised from rs, 15 to rs. 30. after this amendment in rule 4, respondent no. 1 issued a circular bearing no. 100-st-20/29-42 dated 9th april, 1973. the relevant portion of the  ..... to the scope of rule 4 of the rules, cannot be said to be wholly baseless. mr. singh argued that the powers of this court under section 226 of the indian constitution are exercisable only in cases in which a subordinate authority has been guilty of an error apparent on the face of the record. this argument also, in my opinion ..... 
    [9] =>  .....  purely in a private capacity expressing the personal views of the excise and taxation commissioner. the other point raised by the petitioners was that section 4 of the act of 1962 as amended up to date was ultra vires and violative of article 14 of the constitution of india inasmuch as the section conferred unguided and uncanalised powers on the government to .....  sold by boarding houses conducted for the exclusive use of the students or canteens run exclusively for the use of employees of the factories or armed forces and sale of indian food preparations ordinarily prepared by tandoorwallas, lohwallas and dhabas (when sold by persons running tandoors, lohs and dhabas exclusively) and articles ordinarily prepared by halwais (when sold by halwais not ..... 
)