Therefore, we are inclined to take the view that the claim of the appellant to introduce 3 shifts cannot today, be rejected. 3 empowers a court to release certain offenders on probation of good conduct after due admonition, and it lays down certain tests as a guidance or the bases upon which that discretion is to be exercised : (1) that no previous conviction should have been proved against him, and (2) that the court by which the person is found guilty should be of the opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender it is expedient so to do.
Now the pharmaceutical section of the department which produces ointments, injections and other pharmaceutical products is at present working on a 1 shift basis. In meantime, the owner mortgaged the ship and became bankrupt. This view is obviously erroneous. and the guidance set out is that the court by which NRI the person is found guilty should be of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him, on probation of good conduct, with a proviso that the power is not to be exercised unless the court were satisfied that the offender or his surety has :a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into NRI the bond.
Treharne, who is the Director of the appellant Coy. 11(1) is to pass “‘an order under the Act” and the question arises as to the precise import of these words, and in particular whether these words would not imply that the order to be passed would be subject to the same limitations or conditions as the orders under what might be termed the primary provisions of the Act. LexLords NRI Legal Services Scarcely had he entered the hall when he glanced at the whole entire body of magistrates and assistants; his eye rested more time about the president, and even now extra so around the king’s LexLords NRI Legal Services LexLords Legal Services.
He is under no obligation of any kind to obey it; and it must be regarded as a mere nullity by the Courts of every nation except (when authorised by special local legislation) in the country of the forum by which it was pronounced. 715 We must now examine the validity of the argument urged by Mr. The Tribunal ordered the master to pay the sum due which was “‘privileged on the ship. , makes out a strong case for working this department in 3 shifts. 4 empowers a court to release certain offenders on probation of good conduct, The criteria laid down there.
The fact that the power is conferred on a Court might militate against the literal interpretation of “may” suggested by the respondent. The judgment of the Tribunal was by the French law required to be confirmed by the Civil court of the District and accordingly the Civil Court summoned the owner and the assignee in bankruptcy , but not the mortgagee and his assignee and in default of appearance decreed sale of the ship by auction. In a personal action, to which none of these causes of jurisdiction apply, a decree pro- nounced in absentem by a foreign Court, to the jurisdiction of which the Defendant has not in any way submitted himself, is by international law an absolute nullity.
For deciding this question, we must revert once again to the amendment made in Art. In any case, the failure of the appellant to take this point otherwise in an ‘earlier proceeding would 702 not justify the rejection of the point without considering the merits of the evidence led by the appellant in support of it. The argument is that though’ the State is empowered to create State monopoly by law, the trade in respect of which the monopoly is sought to be created must be carried on by the State or by a corporation owned or controlled by the State.
1 had deposed in the criminal case, the reference to the arbitration was made,, and the High Court apparently thought that this prior statement of Appa Rao is so completely inconsistent with the present version set up by the appellant and his witnesses that it should for that reason alone be rejected. The consignee of the mortgagee Castrique then commenced an action in the “nature of replevy” of the ship and the court of appeal held–though erroneously-that the bill of the sale to (1) (1870) 4 H.
Imri (1) a bill issued by the master of a British ship on the owner for costs of repairs and necessaries supplied, was dishonoured, and the endorsee a French subject sued the master in the Tribunal de Commerce at Havre. But the evidence given by Mr. He has stated that the appellant has a factory at Chandigarh, and the total production of that factory is available for processing 643 would be assisted if the subsidiary department is also allowed to work 3 shifts.
and that substantially is what the High Court has purported to do in this case, The other consideration which seems to have influenced the High Court proceeded from the fact that Appa Rao who has been examined by the appellant in the present proceedings had stated in the proceedings which were taken by the appellant by his application to remove the arbitrator that after respondent No. ” In default of payment the ship was seized and detained.
This apart, the power conferred by s. That takes up to the question as to whether the other departments in the factory should also be allowed to work 3 shifts. Pathak that the Act is bad because it seeks to create a monopoly in favour of individual citizens described by the Act as “agents’.