applicability of section 6 , General
Clauses Act.
23. It would be profitable to examine some of the clauses in Section 297 ... that section 6 , General Clauses Act cannot be called in aid in this case.
24. Mr. Mohanty's main contention that Section 297
Municipal Council a licence to do so."
Sub-section (3) of Section 297 further provides,
"The Municipal Council shall, as regards private markets ... close private markets and Section 305 provides for an appeal against orders passed under Sub-section (3) of Section 297 of the Act.
4. Section
constitutionality of Section 297(2)(g) and Section 271(2) of the Act. The constitutionality of Section 297(2)(g) and Section ... attacked as being hit by Article 14 of the Constitution.
21. Section 297(2)(g) ran thus :
"297. (2) Notwithstanding the repeal
Clause (VII) of the impugned Order is invalid as offending Section 297 of the Government of India Act, 1935.
8. Thus, the main question ... ground that it contravened the provisions of Sub-section (1) of Section 297 of the Government of India Act, 1935. That sub-section prohibits
petitioner holds an office of profit by functioning as notary.
5. Under Section 138 of the Negotiable Instruments Act. 1881. the Government of India have ... many important statutes e.g. in Section 139 of the Code of Civil Procedure. 1908, Section 297 of the Code of Criminal Procedure, 1972. Section
other entry is not, in the least, affected by Section 297. This has also been so held by their Lordships ... object can be held to come within the mischief of Section 297. The object of the section is to make inter-provincial trade & commerce
expression "voluntarily" as defined in Section 39 would include either intention or knowledge. Similarly Section 297 refers both to intention and knowledge ... will thus be seen that while Sections 295 , 296 and 297 require either guilty intention or guilty knowledge as specified in those sections, Sections 295A
Sl. Case No vs Wp(C)/34769/2020 Dinabandhu Das ... on 19 September, 2024
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Sl. Case No vs Wp(C)/34769/2020 Dinabandhu Das ... on 19 September, 2024
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Sl. Case No vs Wp(C)/34769/2020 Dinabandhu Das ... on 19 September, 2024
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