We, therefore-, hold that the First Class Magistrate, Ludhiana, had jurisdiction to entertain the petition under s. Even so, there was a conflict under the old Code as regards the scope of restitution and also as regards the question of the bar of a suit in a Best Civil Lawyers in Chandigarh High Court Court. Setalvad contends that since it is not disputed that the retrospective operation of a taxing statute is a relevant fact to consider in determining its reasonableness, it may not be unfair to suggest that if the retrospective operation covers a long period like ten years, it should be held to impose a restriction which is unreasonable and as such, must be struck down as being unconstitutional.
244, corresponding to s. The Legislature was merely a branch of the executive government, and was not in the very nature of things concerned with the liberty of the individual. 13(b) of the Bombay Prohibition Act, or it may well be due to the fact that he had taken alcohol which fell under the unenforceable and inoperative part of the section. In the circumstances we must hold that he last resided with her in a place within the jurisdiction of the First Class Magistrate, Ludhiana.
Thee said Magistrate had jurisdiction 86 to entertain the petition, as the said proceedings can be taken against any person in any district where he “is”. In support of this plea, Mr. 13(b) of the Bombay Prohibition Act inoperative and ineffec- tual and thus unenforceable, and that the bare circumstance that a citizen accused of an offence under s. We have held that temporary residence with animus manendi will amount to residence within the meaning of the provisions of the sub- section.
When the respondent came to India and lived with his wife in his or in his mother’s house in village Hans Kalan, he had a clear intention to temporarily reside with his wife in that place. The second objection is that if the view of the High Court is correct, s. “Tax statutes”, says Sutherland, “may be retrospective if the legislature clearly so intends. Section 144 was enacted to avoid the conflict, to clarify the doubts, and to define the powers of the Court.
In the matter of incorporation of the rule of protection against self-incrimination, both authority and legislative practice appear to be against such incorporation. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. 47 of the present Code. Setalvad has referred us to the observations (2) made by Sutherland.
He did not go to that place as a casual visitor Civil Lawyers in Chandigarh the course of his peregrinations. It is not necessary in this case to express our opinion on the question whether on the said facts the respondent “resides” in India; but we have no doubt that he “last resided” in India,. Even under the Act of 1882 there were two sections, namely, s. It would therefore be difficult to assume that the rulers of the time incorporated in the Indian system of law every principle of the English common law concerning individual liberties which was developed after a grim fight in the United Kingdom.
The Evidence Act and the Code of Criminal Procedure were enacted at a time when the primary aim of the Government was to maintain law and order. 47 of the Code covers the same field. 66(b) of the Bombay Prohibition Act is smelling of alcohol is compatible with his innocence as well as his guilt: the smell of alcohol may be due to the fact that the accused had contravened the enforceable part of s. That takes us to the question as to whether the restriction imposed on the appellants’ right under Art.
The onus therefore lies on the prosecution to prove that the alcohol of which he was found smelling came under the category of prohibited alcohol and therefore within the enforceable part of s. 144 would become redundant, as s. 19 (1) (f) add (g) by the retrospective operation of the Act is reasonable so as to attract the provisions of Art. 144 of the present Code, and s. The second visit appears to be only a flying visit to take her to Africa.
That apart, it is admitted that he was in a place within the jurisdiction of the said Magistrate on the date when the appellant filed her application for maintenance against him. 25,000/- Revenue Advocate in High Court Chandigarh Ludhiana District in the name of his minor children by his second wife; when the petition was filed he was admittedly in the district of Ludhiana—indeed, notice was served on him in that district, he filed a counter affidavit, obtained exemption from personal appearance at the time of hearing and thereafter left for Africa.
The same question arises in regard to the test of reasonableness prescribed by Art. 144 of the Code of Civil Advocate Chandigarh Procedure, 1908, was enacted to obviate any further debate on the question of bar of a suit. 583, corresponding, to some extent, to s. He came there with the definite purpose of living with his wife in his native place and he lived there for about 6 months with her. 5 or 6 years thereafter, he again came to India on leave and took her to Africa where she gave birth to a daughter; the appellant was sent back to India and she was staying in Ludhiana District with the child; the respondent’s mother is staying in the aforesaid village in the same district and it is also not disputed that the respondent has purchased property worth Rs.