" The independent existence of the two Acts is therefore recognized; despite the death of the parent Act, its offspring survives in the incorporating Act. , (1948) 1 All ER 21]. There was substantial difference between non-compliance with s. " It is, therefore, manifest that s. The acquittal of Lalji and Gyan Prakash as recoded by the High Court is affirmed. 33 of the Act and that with Art. The Court further held that compensation was payable on the principle of strict liability to which the defence of sovereign immunity was not available and that the citizen must receive compensation from the State as he/she has a right to be indemnified by the government.

Great Boulder Proprietary Gold Mines Ltd. We therefore set aside the acquittal of Basant Lal and Om Prakash and restore the order of conviction as recorded against them by the trial court for the offences punishable under Section 302 read with 34 IPC. 21 to sales held by receivers and opinions expressed on such questions have differed more particularly in the Calcutta High Supreme Court Law firms as we will presently indicate. It was also pointed out that the Government of Mysore bad been pursuing the policy of nationalisation of road transport services with a view to rationalise and co-ordinate the various forms of transport and that the Department was operating 1,200 vehicles on 700 routes.

Similarly, the High Court had no jurisdiction to appreciate the materials produced like an appellate court while hearing the petition under Section 482 of the Code or/and Revision Petition under Section 397 abid. 21 will apply to such sales and which will not. 33 only avoided the penalty under s. It must be possible to spell the meaning contended for out of the words actually used. He proceeded to add: "There is one rule, I think which is clear that, although the absurdity or the non-absurdity of one conclusion as compared with another may be and very often is, of assistance to the court in choosing between two possible meanings of ambiguous words, it is a doctrine which must be applied with great care, remembering that judges may be fallible in this question of an absurdity and in any event it must not be applied so as to result in twisting language into a meaning which it cannot bear.

in which such enactment has been applied, incorporated or referred to. Consequently, the appeals are partly allowed. They are directed to be taken into custody forthwith to suffer the sentence awarded to them. The alternative construction contended for must be such which does not put an undue strain on the words used; [Kanailal Sur v. 311(2) of the Constitution made the order of dismissal final. It is a doctrine which must not be used to re-write the language in a way different from that in which it was originally framed".

In this letter, the Authority was informed that the Department had already submitted applications for grant of permits for operation of transport vehicles in the Anekal pocket and it was proposed to take over these routes with effect from April, 1, 1958. Though no such saving clause appears in the General Clauses Act, their Lordships think that the principle involved is as applicable in India as it is in this country. We are dealing with the narrow question as to whether 0.

In the present appeal we do not propose to consider or decide the general question about the character of the sale held by the receiver nor do we propose to attempt to specify which provisions of 0. " This doctrine finds expression in a common-form section which regularly appears in the amending and repealing Acts which are passed from time to time in India. However, we do not deem it appropriate to restore the sentence of death. Courts have had occasion to consider questions about the applicability of several provisions of 0.

This Court also examined whether compensation could be awarded and declared that pecuniary compensation was permissible in appropriate cases by way of redressal upon proof of infringement of fundamental rights of a citizen by the public servants and that the State was vicariously liable for their acts. 89 applies to such a sale; and it is to the decision of this narrow question that we will address ourselves in the present appeal. In our view, the appropriate sentence in the matter ought to be sentence for imprisonment for life, which we proceed to impose on said Basant Lal and Om Prakash.

Accused Basant Lal and Om Prakash are convicted under Sections 302 read with Section 34 IPC and sentenced to suffer life imprisonment. 31(1) of the Act, while compliance with Art. The section runs: " The repeal by this Act of any enactment shall not affect any Act. The letter went on to point out the advantages of granting permits to the Department resulting in rationalisation of the routes in the Anekal pocket in which at that time there were 20 routes and 58 operators.

(99) In other words, none of the aforementioned questions were capable of being answered without the aid of evidence to be adduced by the parties, by mere reading of FIR, Final report, charge sheet, for the first time by the High Court in exercise of its inherent jurisdiction. 4 of the 1952 Act has no application to a case of a later amending Act inserting new provisions in an earlier Act, for, where an earlier Act is amended by a later Act, it cannot be said that the earlier Act applies, incorporates or refers to the amending Act.

Great Boulder Proprietary Gold Mines Ltd. The appeals as regards Basant Lal and Om Prakash are allowed and their acquittal is set aside. 311(2) of the Constitu- tion. Paramnidhi Sadhukhan, [1957] INSC 65; AIR 1957 SC 907] and does not require recasting of the Act or any part of it. It was therefore requested that the permits of the petitioners should not be renewed and fresh permits granted to the Department.