इन्हें भी देखें कवि सूची, साहित्यकार सूची
(1) which the notification by the Controller underneath 567 cl. eleven-B(one) fixing the most costs which ended up said to happen to be contravened not getting been submitted ahead of the court docket, the Magistrate erred in framing a charge, and (two) the report on the police wasn't in conformity Using the provisions of s. 11 with the Act. The realized Sessions decide upheld the second of the above contentions which was, which the report produced by the more info police officer didn't set out " the specifics constituting the offence" as expected by s. II of your Act. He rejected another level place ahead because of the appellants but in check out of his conclusion that there was a defect from the report which went to the root with the jurisdiction with the Justice of the peace to choose cognizance of the case, he made a reference into the substantial courtroom with a suggestion which the charge framed versus the appellants be quashed. This reference was heard by only one Judge from the High courtroom, who disagreed with the acquired Sessions choose in his watch which the report didn't satisfy the requirements of s. 11 of the Act. ahead of the acquired decide, however, a further level was urged, that s. eleven-B from the Iron & Steel Charge of Production and Distribution get, 1941 (that can be referred to hereafter since the Handle purchase) was itself extremely vires.
The legality of the prosecution for contravention on the notification fixing the maximum costs at which particular groups of iron & metal could possibly be bought is the topic- issue of this charm. The appellants are two in number, relevant to each other as spouse and spouse.
We take into consideration that there is no material on The idea of which an argument may very well be sustained the Particular circumstances to which figured out Counsel adverted contained any element of unfair or irrational discrimination to catch the attention of artwork. fourteen.
eleven-B(one) of your Command get, (two) if, even so, the notification was held being within his electricity, precisely the same was unconstitutional in that it absolutely was discriminatory and violated artwork. 14 of your Structure. As Now we have indicated earlier, these grounds of problem into the validity with the notification weren't built in any of your Courts underneath including the large courtroom, but for The explanations indicated we permitted figured out Counsel to argue them just before us.
The ground regarding the constitutionality of el. 11-B in the Command purchase continues to be the subject of elaborate thought by this courtroom in Union of India v.
The last stage that remains to generally be dealt with, would be the competition which the initiation with the prosecution in opposition to the appellants was invalid for non-compliance with the requirements of s. 11 on the Act. This Section operates :
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There was a slight and subsidiary level raised in regard on the allowance of credit rating facilities and chopping expenses. It was claimed that these rates have been indeterminate and which the Controller obtaining been directed by cl. eleven-B (1) to fix definite optimum costs had departed there from by permitting improves of undefined amounts. This argument once more has no compound. The bottom-rate for the commodity owning been fixed, you can find incidentals which by their extremely nature were being incapable of definite quantification, considering that they have been depending on Every unique situation.
The second issue was that no utmost cost owning been fixed, there was no doubt on the accused getting marketed iron and metal at a rate bigger compared to managed price.
सुमित्रानंदन पंत · जयशंकर प्रसाद · सूर्यकान्त त्रिपाठी 'निराला' · महादेवी वर्मा · आनंदीप्रसाद श्रीवास्तव · वियोगी हरि
We think about that these submissions are wholly with none material. Before the argument that " producers " apart from " registered producers " had not been included in the notification might be acknowledged, it should be founded that there is any these types of producer. There's a listing of " registered producers " appended into the notification and acquired Counsel admitted that he couldn't state that there were any Other than these, who were "Producers" of iron and metal inside the which means from the Handle purchase.
" Neither of such points-chopping rates or credit score facilities-can be held being discriminatory without a entire investigation in the info and conditions which led towards the imposition of such Unique situations.
भगवतीचरण वर्मा को भूले बिसरे चित्र पर साहित्य अकादमी पुरस्कार और पद्मभूषण से सम्मानित किया गया। मृत्यु