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1 - 7 of 7 (0.21 seconds)The Bombay University Act, 1974
Article 227 in Constitution of India [Constitution]
Nazir Ahmad vs Emperor (No. 2) on 16 June, 1936
It was
applied by the Privy Council, in Nazir Ahmed v. Emperor(2)
and later by this Court in several cases(3), to a Magistrate
making a record under ss. 164 and 364 of the Code of
Criminal Procedure, 1898. This rule squarely applies
"where, indeed, the whole aim and object of the legislature
would be plainly defeated if the command to do the thing in
a particular manner did not imply a prohibition to do it in
any other.(4)" The rule will be attracted with full force in
the present case because non-verification of the surrender
in the requisite manner would frustrate the very purpose of
this provision. Intention of the legislature to prohibit
the verification of the surrender in a manner other than the
one prescribed, is implied in these provisions. Failure to
comply with these mandatory provisions, therefore, had
vitiated the surrender and rendered it non-est for the
purpose of s. 5 (3) (b).
Section 15 in The Bombay University Act, 1974 [Entire Act]
The Code of Criminal Procedure, 1973
Rao Shiv Bahadur Singh And Another vs The State Of Vindhya Pradesh on 22 May, 1953
(3) Shiv Bahadur Singh v. State of U. P. [19541 S.C.R.
1098; Deep Chandy. State of Rajasthan [1962] S.C.R. 662.
(4) Maxwell's Interpretation of Statutes, 11th Edn., pp,
362-363.
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