According to Section 480 of Code of Criminal Procedure, an Advocate who practiced in a Court should not sit as a Magistrate in that Court or any Courts within the local jurisdiction of that Court.
No. The Public Servant who was empowered to sell a property under the law can’t acquire or bid for the same and if he do so the same is breach of Section 481 of Code of Criminal Procedure.
There is no restriction with regard to limit or inherent powers of the High Court in making necessary orders or giving effect to any order, prevent abuse of process committed by the Courts and secure ends of justice under this provision. Points to Remember: The High Court’s power under this Code is unlimited as the[…..]
The Magistrate or Judge who himself is a party in a case or having interest in such case or the Judge who hears appeal, in which if he is a party or having interest in such appeal, either way, the Magistrate or the Judge should not handle such cases on their own without prior approval[…..]
Any case pertaining to an armed force personnel if brought before the Magistrate and the Magistrate is of the view that the case should be dealt by Court Martial [as the case may be] specially formed by the Central Government under Army, Navy and Air Force Acts. The Magistrate together with a statement containing the[…..]
The High Court, under Section 407 of Cr.P.C. should follow the same procedure as that of the Sessions Court observes in a trial of an offence in that case, if it requires to conduct trial. Any case pertaining to an armed force personnel if brought before the Magistrate and the Magistrate is of the view[…..]
On 21 November 1949, that in the Constituent Assembly Mr. Syed Mohd. Sadullah (Assam-Muslim), spoke thus:- Sir, “I cannot stand here today without showing my dual personality that is being a member of Drafting Committee, who all those friends who have been kind enough to appreciate a hard work and dreary labour that the members[…..]
During the debate in the Constituent Assembly Mr.Nazeeruddin Ahmed (Bengal Muslim) spoke this: “There House has been made to pavilion with the expression “Notwithstanding,” “Anything” in this Article of the Constitution, referring Article 133(3) tabled.” “There are so many “Notwithstanding” scattered throughout the Constitution that one ought to be extremely doubtful about how to interpret[…..]
Shrimathy Annie Mascaraene (Travancore State) addressed to the Constituent Assembly on 18 November 1949, as follows:- “The frame-work of our Constitution is modelled after the American-Constitution, that is a Federal Constitution, in which powers is distributed between Centre and Local Governments. It is not new to us. It is based on the Swiss Constitution, which had[…..]
Speaking on the Resolution Re Aims an Objects placed by Pandit Jawaharlal Nehru on 13 December 1946. Dr. B.R. Ambedkar expressed his views on the Resolution on 17.12.1946 in the Constituent Assembly as follows:- Dr. B. R. Ambedkar (Bengal-General), Chairman, I’m indeed very greatful to you for having called me to speak on Resolution. I[…..]