It is altogether different, if by a rule, regulation, practice, when once he is appointed as a Public Prosecutor to a Court, he may not appear in another Court. (2) Notwithstanding anything contained in sub-section (1) or sub- section (1-A), if the Board is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, fix tariff values for any class of imported goods or export goods, having regard to the trend of value of such or like goods, and where any such tariff values are fixed, the duty shall be chargeable with reference to such tariff value.
Therefore, the words “any Court” used in this Section enables the Public Prosecutor to appear in all Courts of Criminal Jurisdiction and it is not confined to the Court to which he is appointed. In the result we hold lawyers that neither cl. Criminal case encompasses investigation/inquiry, trial and appeal. In other words, after trial the accused is acquitted or convicted, the trial comes to an end and not the criminal case.
Therefore, the Legislature has consciously used the words “may appear and plead”. 11B in the present appeals. This word is quite often used in the Code with an intention to give a wider meaning. The only condition to be satisfied is that he should be put in charge of the case after his appointment as a Public Prosecutor. They are all different stages in a criminal case. ” One has only to substitute for the words “trade or business or commerce” the phrase “freedom of speech” to see how it applies to the present case.
A criminal case commences with the filing of an F. and registration of the case and comes to an end when the judgment is delivered discharging or acquitting or convicting the accused, when that judgment attains finality. If any limitation is placed which results in the society being deprived of such right then no doubt it would fall within the guaranteed freedom under Art. Trial of a case is only one step in the life of a criminal case. 19(1)(f) and (g), and so their validity cannot be successfully challenged.
“We have no doubt that there are certain activities which can under no circumstances be regarded as trade or business or commerce although the usual forms and instruments are employed therein. Further, the respondent-owners to justify that the Pathological Lab does comply with the safety measures and environmental regulation as enforced by the Government from time lawyers to time, have submitted the National Accreditation Board for Testing and Calibration Laboratories (NABL) Certificate that has been granted to the Diagnostic Centre.
(e) the allowances which are claimed are to be necessarily specified in the agreement entered into between the two contracting parties; and (f) allowances are to be computed and made in the manner specified in the agreement. On our examination of the said certificate, it is true that the Pathological Lab had been law firms granted such NABL certification, however, the same was granted on 15. It is left to his discretion. When the word ‘case’ legal services is used with reference to a criminal case, it encompasses the various stages of a criminal case i.
162) provides that such statements can be used only for the purpose of contradiction. The word ‘case’ cannot be equated to the words ‘trial’, ‘appeal’ advocate or ‘revision’. It clearly covers for larger area than would be covered by-such words as ‘appeal’, ‘revision’ or ‘trial’ or ‘offences’. It must be construed with regard to the particular context in which it is used and with regard to the scheme and purpose of the measure concerned.
11B of the Order nor the impugned notification issued by the Controller on December 10, 1949, violate the respondents’ fundamental rights under Arts. 2001 and was valid only for three years from the date of issue of the certificate i. To exclude those activities from the meaning of those words is not to cut down advocates their meaning at all but to say only that they are not within the true meaning of those words. That is the reason why in Section 301 the legislature has consciously used the word, that the Public Prosecutor “in charge of a case” may appear and plead before any Court in which “that case is under inquiry, trial or appeal”.
It is a word of advocates wide and comprehensive import. It cannot be said that there is no force in this contention. In other words, if a Public Prosecutor is appointed to conduct a case, he is entitled to appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. Freedom of speech goes to the heart of the natural right of an organised freedom-loving society to “impart and acquire information about that common interest”. But if all it does is that it deprives a trader from commending his wares it would not fall within that term.
“The word ‘case’ is not defined in the Code. Contradiction means the setting up of one statement against another and not the setting up of a statement against nothing at all. , Investigation/inquiry, trial and appeal. The word ‘case’ has no fixed or universal meaning.