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All India Indian Overseas Bank Sc & St ... vs Union Of India And Ors on 31 October, 1996 cites

M.V. Rajwade I.A.S., Dist. Magistrate vs Dr. S.M. Hassan And Ors. on 21 August, 1953

The judgment in the case of M. K Rajwade (supra) was referred to with approval by this Court in Dr. Baliram Waman Hiray v. Justice B. Lentin and others, [1988] 4 SCC 419. The question in that case was whether the Commission of Inquiry constituted under Section 3(1) of the Commissions of Inquiry Act, 1952 was a court for the purpose of Section 195 (l)(b) Criminal Procedure Code, 1973, It was contended before the Court that sub- Section (4) of Section 5 of the Commission of Inquiry Act created a legal fiction by which the Commission of Inquiry was deemed to be a Civil Court for all purposes. It was held that the words "for all purposes" are not there in the first part of sub-section (4) and the Court cannot, in the guise of interpreting the provision, supply any casus omissus. The Court went on to say that the purpose of creating the fiction was reflected in the second part of sub-clause 4, viz., for the purpose of proceedings under Section 482 of the Old Code and Section 346 of the new Code of Criminal Procedure.
Bombay High Court Cites 33 - Cited by 30 - B P Sinha - Full Document
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