मुख्य रचनाएँ 'चित्रलेखा', 'भूले बिसरे चित्र', 'सीधे सच्ची बातें', 'सबहि नचावत राम गुसाई', 'अज्ञात देश से आना', 'आज मानव का सुनहला प्रात है', 'मेरी कविताएँ', 'मेरी कहानियाँ', 'मोर्चाबन्दी', 'वसीयत'।
Besides the bottom according to a non-compliance with s. 11 from the Act which we shall take into account later on, figured out Counsel urged before us two details with reference to your notification issued by the Steel Controller fixing the utmost selling prices at which the many groups of iron and steel might be sold by producers and stockholders. These had been: (one) that the notification with the Controller dated 1/07/1952, to the contravention of which the appellants were being prosecuted, was ultra vires the rule-earning energy conferred upon him by el.
शफीपुर, संयुक्त प्रान्त, ब्रितानी भारत
This contention also we for that reason reject. In passing, we would notice which the make a difference ahead of this courtroom in Union of India v. Messrs. Bhana Mal Gulzari Mal (1) related to a prosecution to get a contravention of the notification of the before day, but in phrases identical With all the existing, besides as to the costs, wherein the dealers while in the commodity ended up labeled in the exact same fashion as has actually been completed from the notification now right before us and While using the similar basic and Distinctive problems. The respondent then prior to this court docket was " a registered (one) [1960] two S.C.R. 627.
even though this benefit conferred on registered stockholders because of the classification because of the Controller was identified to learned Counsel to the appellant he persisted in his argument that "registered stock. holders". must have been place in column II along with " controlled stockholders " and must have been permitted to offer only at precisely the same greatest rates. This can be sufficient to point out that the argument concerning the classification was frivolous and could not are already urged with any seriousness. This aside, we take into account that even about the terms of cl. eleven-B (one), the Controller isn't prevented from drawing a difference throughout the 3 classes which happen to be specified in it. The function and policy of your enactment is in order that an essential commodity like iron and steel is created obtainable, to 574 The patron at realistic charges and within the achievement of the goal classification of producers or of other stockholders based mostly upon rational grounds would of course be in just the power of the Controller.
supplemental grounds, apart from those urged prior to the substantial court docket, wouldn't be permitted to become lifted ahead of the Supreme courtroom as being a matter naturally, but only, in Fantastic situation like circumstances of subsequent laws or wherever concerns of fundamental and standard importance had been lifted.
the final issue that remains to be dealt with, would be the rivalry that the initiation in the prosecution in opposition to the appellants was invalid for non-compliance with the necessities of s. eleven of the Act. This segment operates :
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"around the statement of the informant an offence below s. eighty one(two), Defence of India principles, has long been fully commited for which the demand-sheet is staying submitted." On this it was held the points alleged to represent the contravention were not set out in the report and which the Justice of the peace experienced consequently no jurisdiction to take cognizance of the case.
There have been some prior record before the existing prosecution was initiated however it is sufficient for your functions of this appeal to begin with the report back to the Judicial Justice of the peace, Amathi, with the officer incharge of your Police station, Sultanpur, dated 20/08/1955. it absolutely was headed ' Offence-Section II B Iron andSteel Command purchase, 1941' and established out the subsequent specifics: ' Bhagwati Saran utilised to operate as being a Karinda from the business of Balwanta Devi Sushila Devi and experienced all together been executing income and purchases with the store, and in addition issued receipts beneath his signatures. Shrimati Sushila Devi is definitely the spouse of accused Bhagwati Saran and she was the proprietor. Balwanta Devi has died. that's why she alone is definitely the proprietor. In the course of investigation it had been also uncovered that Bhagwati Saran experienced occasionally sold some iron-bark; on behalf of the business right after obtaining value more than the Regulate charge, which he experienced all together been acquiring printed, and' were receiving Various other receipts checked fictitiously beneath the Command Act within the Business office of the availability Officer.
कुछ सुन लें, कुछ अपनी कह लें -भगवतीचरण वर्मा
We think about that these submissions are wholly with no substance. prior to the argument that " producers " other than " registered producers " experienced not been A part of the notification is often approved, it should be proven that there is any this sort of producer. You will find a listing of " registered producers " appended on the notification and figured out Counsel admitted that he could not state that there have been any In addition to these, who were "Producers" of iron and steel within the that means with the Regulate Order.
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This even further objection was referred to the division bench for conclusion. The purpose urged ahead of the discovered Judges from the division bench was that the ability to repair selling prices vested inside the metal Controller by cl. 11-B of your Manage Order was unconstitutional, as violative of the correct to carry on enterprise confirmed by artwork. 19(one) (g) on the Structure. The discovered Judges answered this position in opposition to the appellants and the situation thereafter arrived back prior to the learned Single Judge for ultimate disposal with the reference through the periods Judge. The realized Counsel to the appellants Once more made a submission for the realized choose concerning the report of your police officer dated twenty/08/1955, not gratifying the necessities of s. 11 from the Act and pressed in advance of him the website see which found favour Using the uncovered periods Judge. In a far more thorough judgment, the figured out decide again rejected this contention and dismissed the reference and directed the prosecution to carry on. It Is that this get of your substantial court docket. of Allahabad that is the subjectmatter of attraction now prior to us. on the certificate granted by that courtroom.
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