Thereafter if he is of opinion that there are not sufficient grounds for committing the accused for trial, lie can discharge him unless it appears to him' that such person should be tried before himself or some other Magistrate in which case he has to proceed accordingly. The argument is that the limestone quarry at Rajanka had a ' Manager' under the Mines Act, 1952, and Mr. Dongray showed, on the facts proved in this case, just the contrary of what learned counsel for the respondent has contended ; it showed that the factory and the quarry were treated as one establishment.

The question whether sanction is necessary or not may have to be determined from stage to stage. Further, in cases where offences under the Act are concerned the effect of Section 19, dealing with question of prejudice has also to be noted. It is true that the words " frustration of contract " have been used in paragraph 8 of the application. 208 has been taken the Magistrate then examines the accused for the purpose of enabling him to explain any circumstances appearing in evidence against him under s.

But, that does not mean that rights which are not saved by the 'savings' provision are extinguished or stand ipso facto terminated by the mere fact that a new statute repealing the old statute is enacted. The Act could not have expressly authorized the Wage Board to adopt such grouping. The question relating to the need of sanction under Section 197 of the Code is not necessarily be considered as soon as the complaint is lodged and on the allegations contained therein.

210 declaring with what offence the accused is charged. 697, 708; [1931] USSC 154; 75 L. This is the principle behind Section 6(c) of the General Clauses Act, 1897. The short answer to this contention is that if such grouping into chains or multiple units was justified having regard to the conditions of the newspaper industry in the country, there was nothing in the Act which militated against such grouping. We are unable to accept this argument as correct. 211 to furnish a list of persons orally or in writing whom he wishes to be summoned to give evidence on his trial.

17 of the Mines Act, 1952, has any relevance 720 to the question whether the limestone quarry was part of a bigger establishment. The learned Judges made the following observations in that case, at p. We do not think that s. , the Company; and this arrangement which was in consonance with the provisions of the Mines Act, 1952, it is argued, made the factory and the quarry two separate establishments. In relation to Constitutional prohibitions binding a legislature it is clear that the legislature cannot disobey the prohibitions merely (1)(1930) [1931] USSC 154; 283 U.

After the charge is framed the Magistrate calls upon the accused under s. -The order of the Government permitting the appellant to carry with him the quasi-permanent status he had in his former post was clearly intended to confer on the appellant quasi-permanent status in his new post and the Government could not be allowed to go back upon it although it may have acted under a mistake, subsequently discovered. The Magistrate may also allow the accused to furnish a further list at a later stage in his discretion.

If the chains or multiple units existed in the country the newspaper establishments which formed' such chains 180 or multiple units were well within the purview of the inquiry before the Wage Board and if the Wage Board thus chose to group them together in that manner such grouping by itself could not be open to attack. This question may arise at any stage of the proceeding. After the evidence under s. Rights which have accrued are saved unless they are taken away expressly.

The Wage Board was authorised to fix the wage structure for working journalists who were employed in various newspaper establishments all over the country. In this case the 'savings' provision in the repealing statute is not exhaustive of the rights which are saved or which survive the repeal of the statute under which such rights had accrued. The charge is then read over and explained to the accused and a copy thereof, if he so requires, is furnished to him free of cost.

Kila Chand Deochand and (ii) it is not binding on the Official Receiver so far as it is necessary to protect the interests of the creditors. Saiyid Hasan (1) is also one laying down the legal effect of s. The right to carry forward losses which had accrued under the repealed Income Tax Act of 1922 is not saved expressly by Section 297 of the Income Tax Act, 1961. Dongray acted as the agent, that is, representative of the owner, viz. The decision in Amir Ahmad v.

In other words, whatever rights are expressly saved by the 'savings' provision stand saved. It prescribes the appointment of a Manager for purposes of the Mines Act, 1952, and does not deal with the question of 'one establishment' within the meaning of cl. The fact that the quarry Manager worked under the overall control and supervision of Mr. On the other hand, if the Magistrate is of opinion after taking the evidence and examining the accused that there are sufficient grounds for committing the accused for trial, he has to frame a charge under s.

577 In dealing with this aspect of the case, learned counsel for the appellant raised the question of frustration of the contract and the powers of the Supreme Court India Law firms, and the arbitrator in that behalf.