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发布于:2018-10-9 21:39:15  访问:18 次 回复:0 篇
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LexLords NRI Legal Services Jalandhar By NRI Legal Services LexLords
NRI legal services - https://lexlords.com/disputes-between-co-sharers/; It will be noticed that the sub-section refers to four distinct categories, namely, \"offences\",` `classes of of- fences\", \"cases\" and \"classes of cases\" and empowers 339 the State government to direct any one or more of these categories to be tried by the Special Court constituted under the Act. A Saranjam which has been decided to be hereditarily continuable shall ordinarily descend to the eldest male representative, in the order of primogeniture, of the senior branch of the family descended from the first British Gran- tee or any of his brothers who were undivided in interest.
The appeals are allowed, the common judgment and order dated 18. \" Sections 6 to 15 prescribe the special procedure which the court has to follow in the trial of the cases referred to it. In other words, it cannot be said that the special procedure provided in the Act is, on its face, calculated to prejudice the fair trial of persons subjected to it. While some of these departures from the normal procedure might, in practice, operate in some respects to the disadvantage of persons tried before the Special Court, it cannot be said that they derogate from the essential requirements of a fair and impartial trial, so as to give rise, from their very nature, to an inference of a discriminatory design.
direction shall be made under sub-section (1) for the trial of an offence for which an accused person was being tried at the commencement of this Act before any court but, save as aforesaid, such direction may be made in re- spect of an offence, whether such` offence was committed before or after the commencement of this Act. 13 was concerned, it pertained to interest claimed by the appellant on their some amount whereas the claim No.
The classifi- cation of ` `offences\" by itself is not calculated to touch any individual as such, although it may, after the classifi- cation is made, affect all individuals who may commit the particular offence. The approach of the High Court in this behalf, in our opinion, is totally erroneous. The main features of such procedure which mark a departure from the established procedure for criminal trials under the Code of Criminal Procedure are the elimination of the committal procedure in sessions cases and the substitu- tion of the procedure laid down in the Code for trial of warrant cases by the Magistrate, trial without jury or assessors, restriction of the court`s power in granting adjournments, special powers to deal with refractory accused and dispensation of de novo trial on transfer of a case from one special court to another.
40) So far as claim No. The acquisition of land of the landowners/cultivators in the instant case is declared as illegal and void. The departure in each case is plainly calculated to shorten the trial and thus to attain the declared objective of the statute. It cannot be ignored in its entirety only because the provision is held to be directory and not an imperative one. 23836 (W) of 2006 and connected writ petitions by the High Court of Calcutta is set aside.
The emphasis is on \"offences\", ` `classes of offences\" or \"classes of cases\". I shall first deal with the section in so far as it authorises the State government to direct \"of- fences\", \"classes of offences\" and \"classes of cases\" to be tried by a Special Court. Thus in this sheet there are two mistakes in mentioning the number of the month and one mistake in mentioning the number of the year. Prima facie those words do not contem- plate any particular offender or any particular accused in any particular case.
Such being the meaning and implication of this part of section 5 (1), the question arises whether the process of classification thus contemplated by the Act conforms to the requirements of reasonable classification which does not offend against the Constitution. However we concur on the question of quashing the impugned acquisition proceedings and reliefs to be granted to the land owners/cultivators. Conversely where a statute uses the word declaratory, the words so used may not be sufficient to hold that the statute is a declaratory Act as words may be used in NRI Legal Services order to bring into effect new law.
Even if a provision is directory, the same should be substantially complied with. Mere absence of use of the word declaration in an Act explaining what was the law before may not appear to be a declaratory Act but if the court finds an Act as declaratory or explanatory, it has to be construed as retrospective. In short, the classification implied in this part of the sub-section has no reference to, and is not directed towards the singling out NRI Legal Services of any particular person as an object of hostile State action but is concerned only with the grouping of \"offences\", \"classes of offences\" and \"classes of cases\" for the purpose of being tried by a Special Court.
A provision of a statute is either mandatory or directory. 17 was in relation to some deductions already made by the respondent in the appellant`s bills for certain work done under the agreement. Nobody can deny that such mistakes are possible; The appellants contend that such mistakes are possible. These expressions clearly indi- cate, and obviously imply, a process of classification of offences or cases.
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