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Emperor vs Sibnath Banerji on 17 July, 1945

The validity of Rule 26 framed under Section 2 of the Defence of India Act came up for decision in that case. The Federal Court held that the Legislature having set out in plain and unambiguous language in para (x) of Sub-section (2) the scope of the rules which may be made providing for apprehension and detention in custody it was not permissible to pray in aid the more general words in Section 2 (1) in order to justify a rule which so plainly went beyond the limits of para, (x); though if para (x) had not been in the Act at all, perhaps different considerations might have applied. Their Lordships of the Privy Council did not agree with this view and observed as follows :
Bombay High Court Cites 28 - Cited by 238 - Full Document
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