भलस्वा से सभी डेयरियों को घोघा डेयरी कॉलोनी स्थानांतरित करें, हाईकोर्ट ने दी डेडलाइन
Aside from the bottom depending on a non-compliance with s. eleven of your Act which we shall take into consideration afterwards, figured out Counsel urged right before us two details with reference into the notification issued via the metal Controller correcting the maximum costs at which the quite a few groups of iron and metal could be offered by producers and stockholders. These ended up: (one) which the notification of the Controller dated 1/07/1952, for that contravention of which the appellants were being getting prosecuted, was extremely vires the rule-generating electric power conferred upon him by el.
We maintain which the notification repairing the prices along with the conditions appended thereto are legitimate and enforceable.
मैं कब से ढूँढ़ रहा हूँ -भगवतीचरण वर्मा
the identical clause defines " stockholder " as " a person holding shares of iron or steel for sale who's registered being a stockholder by Controller " and " managed stockholder " as " a stockholder appointed through the Con. troller to carry shares of iron or steel below these kinds of stipulations as he may perhaps prescribe occasionally ". The notification of the Controller dated July 1, 1952, impugned in these proceedings operates in these conditions, quoting only the material words: " beneath Ministry of Commerce and Industry Notification............ the prices of all merchandise of steel underneath columns one, eleven and III from the plan of Base selling prices with the connected rate round No. 1 of 1951 have already been elevated by Rs. 50/- for each ton with outcome from 1st July, 1952, besides item 19(b), i.e., Billets which has been elevated by Rs. forty five/- for every ton......... one other General and Special Conditions of sale talked about during the attached rate circular continue being the the worth round dated July 1, 1951, referred to right here consisted of eight columns which ran Therefore: (cost in rupees for each ton) optimum foundation price ranges at Calcutta, Bombay and Madras--------------------------------------
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The points urged at that stage ended up predominantly two: (one) That the notification by the Controller beneath cl. eleven-B(1) repairing the maximum prices which had been said to happen to be contravened not obtaining been submitted prior to the courtroom, the Justice of the peace erred in framing a charge, and (two) which the report from the police wasn't in conformity With all the provisions of s. eleven of your Act. The realized classes choose upheld the 2nd of the above mentioned contentions which was, which the report made by the police officer didn't established out ' the points constituting the offence' as expected by s. II of your Act. He rejected one other position put ahead by the appellants but in check out of his conclusion that there was a defect in the report which went to the root in the jurisdiction in the Justice of the peace to get cognizance of the situation, he manufactured a reference on the substantial court docket using a recommendation the cost framed versus the appellants be quashed. This reference was listened to by only one decide of the superior court docket, who disagreed with the realized classes Judge in his look at which the report didn't satisfy the requirements of s. 11 of your Act. ahead of the uncovered Judge, however, an additional place was urged, that s. 11-B with the Iron and metal Control of Production and Distribution purchase, 1941 (which can be referred to hereafter given that the Management Order) was alone ultra vires.
Other than the ground dependant on a non-compliance with s. eleven from the Act which we shall contemplate later, realized Counsel urged right before us two factors with reference to the notification issued through the metal Controller correcting the most price ranges at which the quite Bhagati Saran a few classes of iron and metal could possibly be offered by producers and stockholders. These had been: (one) that the notification of your Controller dated July 1, 1952, for the contravention of which the appellants have been staying prosecuted, was extremely vires the rule-earning energy conferred on him by el.
उद्योग:भालचंद्र दिगंबर गरवारे • जोगेश चंद्र डे • केदारनाथ मुखर्जी • मणिभाई जे पटेल • रामाराव माधवराव देशमुख • सुरेश चंद्र रॉय • वेदरतन मोहन • कला:उस्ताद अमीर खान • पिच सांबमूर्ति • जे भुधारदास भोजक • कृष्णाराव गणेश फुलंबरीकर • नतेसगनबडिगल रामास्वामी अइयर • निसार हुसैन खान • पी तिरुविल्वमलै शेषन एम अइयर • पोइपिल्ली कुंजु कुरुप • रासिपुरम कृष्णास्वामी लक्ष्मण • राज कपूर • दमाल कृष्णास्वामी पट्टम्माल • गंगूबाई हंगल • चिकित्सा :विष्णुपद मुखोपादध्याय • मदन मोहन सिंह • संतोष कुमार मुखर्जी • शांतिलाल जमनादास मेहता • वुलिमिरि रामालिंगेस्वामी • प्रशा०:कस्तूरी लाल विज • मणींद्रनाथ चक्रवर्ती • परमेश्वरी लाल वर्मा • विज्ञान:सतीश धवन • पांडुरंग वासुदेव सुखराम • समाज;देवचंद छगनलाल शाह • गोकुलभाई भट्ट • मंगतुराम जयपुरिया • पालघाट टीएस मणि अ इयर • साहित्य:वेणि शंकर झा • ए विट्ठल @ धनंजय कीर • भगवती चरण वर्मा • जैनेंद्र कुमार जैन • कालिंदी चरण पाणिग्रही • कन्दाथील मम्मेन चेरियन • सूरज भान • वेंकटराम रामालिंगम पिल्लै •
When the contravention was sufficiently selected within the report the requirements in the part have been happy. Section II did not call for the mention while in the report of aspects which might be essential to be proved to carry property the guilt to your accused.
The other Element of discovered Counsel's argument that registered stockholders " weren't governed through the notification since they weren't included in column II thereof Which dealings by them were not subjected on the maxima of costs fixed by it, has only for being mentioned to get turned down. The heading of the final column demonstrates that each one groups of sellers aside from "registered producers.
seventy four 576 stockholder " who was being prosecuted for effecting product sales in excessive of the most charges fastened. The reality that on that event no contention was urged hard the validity on the notification as past the powers of your Controller, about the grounds now put forward clearly signifies, which the issues now urged hardly ever appeared then, for a possible supply of grievance to a party situated likewise as the 2nd appellant.
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