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1 - 10 of 15 (0.31 seconds)Section 427 in The Indian Penal Code, 1860 [Entire Act]
Section 447 in The Indian Penal Code, 1860 [Entire Act]
Article 227 in Constitution of India [Constitution]
Article 13 in Constitution of India [Constitution]
Shipping Corporation Of India Ltd vs Machado Brothers & Ors on 25 March, 2004
5.The learned Senior Counsel for the petitioner pointed out
that the Code of Civil Procedure is not exhaustive. He referred to the
decisions of the Hon'ble Supreme Court reported in AIR 1962 SC 527
and AIR 1966 SC 1899 in support of his submissions. The learned
Senior Counsel also relied on to the decisions reported in (2004) 11
SCC 168 (Shipping Corporation of India vs. Machado Brothers and
others) and (1975) 1 SCC 770 (Pasupuleti Venkateswarlu vs The
Motor & General Traders). The sheet anchor of the revision
petitioner's contention rests on Article 372 of the Constitution of India.
The said provision provides for continuation of all laws that were in
force before the commencement of the Constitution, till they are
altered or repealed or amended. The learned Senior Counsel
submitted that common law provided for removal of a trustee who
committed a criminal offence. Since this position prevailed on the
date of commencement of the Constitution of India, it should be
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deemed to be a part of indian law. The learned Senior counsel
placed reliance on the decision of Chan.Div. of the English Court in
the case of In re DANSON dated 04.08.1899.