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1 - 10 of 14 (0.25 seconds)The Code of Criminal Procedure, 1973
Section 14 in The Juvenile Justice (Care and Protection of Children) Act, 2015 [Entire Act]
Section 18 in The Juvenile Justice (Care and Protection of Children) Act, 2015 [Entire Act]
Section 11 in The Probation of Offenders Act, 1958 [Entire Act]
Shri A. C. Aggarwal Sub-Divisional ... vs Mst. Ram Kali, Etc on 16 August, 1967
Further,
the words "the Magistrate may take cognizance of any cognizable
offence" in section 190(1)(b) of the Code of Criminal Procedure,
1973, have been construed to mean "must take cognizance" leaving
no discretion to the Magistrate (Sub-Divisional Magistrate, Delhi
v. Ram Kali (Mst.), AIR 1968 SC 1).
Ramji Missir And Another vs The State Of Bihar on 6 December, 1962
As observed by Ayyanger J: Though the word 'may'
might connote merely an enabling or a permissive power in the
sense of the usual phrase 'it shall be lawful', it is also capable of
being construed as referring to a compellable duty, particularly
when it refers to a power conferred on a court or other judicial
authority (Ramji Missar v. State of Bihar, AIR 1963 SC 1088). It
has, therefore, been held that the words "an order under this Act
may be made by any court" as they occur in section 11 of the
Probation of Offenders Act, 1958, imposed a duty to pass an order
Signature Not VerifiedDigitally signed by
SAN TRILOK SINGH
under the Act subject to conditions and limitations imposed by the
SAVNER
Date: 2021.09.23
10:45:59 IST
Act and that a court had no unfettered discretion in refusing to pass
6 CRR No.2071/2021
an order when an occasion to pass the same arose within the four
corners of the Act (Ibid, P.1093). Similarly, the words "the court
may pass a decree for eviction", have been construed as not
conferring a discretion for refusing to pass a decree where a
landlord in a suit has proved the fulfilment of all conditions
entitling him to possession, and the court in such cases is bound to
pass a decree in his favour in spite of the use of the word "may"