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They did not possess sufficient acquaintance with English to decide that question satisfactorily. The Judicial Committee granted special leave to appeal on a report made by the High Court that one of the jurors did not know sufficient English to follow the proceedings in Advocates (click to find out more) Court. It becomes at once clear that if location of markets and fairs simpliciter and the management and maintenance thereof are only contemplated by the Market Act, then they would fall squarely within the topic of legislative power envisaged by Entry 28 of List II.
For this gruesome and revolting murder the appellants have got only imprisonment for life for which they must be thankful to the difference of opinion that arose among the learned Judges of the High Court. To that extent the provisions of Entry 33 of List III override the legislative powers of the State Legislature in connection with legislations dealing with trade and commerce in, and the production, supply and distribution of Advocates (experienced) goods.
However, the Market Act, as well will presently show, deal with supply and distribution of goods as well as trade and commerce therein as it seeks to regulate the sale and purchase of agricultural produce to be carried on in the specified markets under the Act. Before the Judicial Committee, it was conceded, and in their Lordships' view, rightly, by counsel for the prosecution that the appellants had not been tried, and that, therefore, the convictions and sentences could not stand.
The learned trial judge accepted the verdict and sentenced some of the accused persons to death. The Advocates - experienced, King Emperor (1), which went up to the Judicial Committee of the Privy Council, from a judgment of the Patna High Court confirming the conviction and the sentences of the accused persons on a charge of Advocates, experienced, murder and rioting. in her concurring opinion in the constitution bench decision of ITC Ltd. referred to supra, wherein it was held as under: The High Court overruled the accused persons' contentions that there was no legal trial because some of the jury did not know sufficient English to follow the proceedings in Court.
This is what we find from a report made by the learned Sessions Judge after summoning the jurors and examining them on a letter issued by us. However, the Writ Petitions were allowed to the extent that the demand Advocates [experienced] notices against them were quashed with the observation that the appellants herein brought the agricultural produce into the market area for manufacturing it into a finished product. The High Court held that the main thrust of the argument of the appellants was that a market fee can only be charged if there is a sale and purchase involved in the agricultural produce and even where there is no sale and purchase of the agricultural produce, the market fee in that event can only be charged if the goods are bought for specified purposes alone, as provided under Section 27(c)(iii) of the Act, otherwise not.
The scope of the term ˜Industry for the purpose of Entry 52 of List I was examined at length by Ruma Pal, J. Once we turn to Entry 33 of the Concurrent List, we find that on the topic of trade and commerce in, and the production, supply and distribution of, goods enumerated therein at Sub- clause (b), we find listed items of foodstuffs, including edible oilseeds and oils. It was not merely a question of under- standing the contents of the documents produced in the case the jurors also had to decide whether they were written or signed by the respondent as deposed by the prosecution witnesses or not.
We are satisfied that the two jurors, Shri Sheik Ashique Ali and Shri Farman Ali, were not in a position to decide the question of authorship of the forged documents satisfactorily. 4's retirement, appellants settled the matter with respondent No. 2011, the appellants challenged the said order of the School Tribunal in Writ Petition No. " On that finding, it is clear that the appellant's contention that it was a trial coram non judice is well-founded.
4 and filed a Joint Pursis dated 28. These two essential ingredients being met, the challenge to legislative competence does not survive. Thus, the storing of the product was only for incidental purposes and not for the purposes of business. 2011 based on out of court settlement and respondent No. This case is analogous to the case of Ras Behari Lal v. During the course of hearing of the writ petition, in view of the respondent No.
The main intention of the appellants was not to store the agricultural produce but to convert it into another product. Lord Atkin, who delivered the judgment of the Judicial Committee, made the following- 1) (1933) L. "Out of the five jurors selected by the learned Sessions Judge, three had sufficient knowledge of English, fourth knew very little English and could not 646 read the documents produced in the case and the fifth also had not sufficient knowledge of English; he could understand a letter written in English with some difficulty and could not read English newspapers.
The jury by a majority of six to one found the accused guilty. In that case, the trial was by a jury of 7.