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stated as follows: (SCC at pp. ‘Incuria’ literally means ‘carelessness’. Appeal by special leave from the judgment and order dated December 14, 1955, of the Assam High Court at Gauhati in Criminal Appeal Advocate in Chandigarh Appeal No,. State of Uttar Pradesh, [1951] INSC 21; 1951 SCR 312 at page 320: Emperor, AIR 1943 PAT 245 (SB) by the learned Judges of the Patna High Court in a passage quoted with approval by this Court in R.

Section 29 was clearly within the words of entry 49 of List 11. Same has been [pic]accepted, approved and adopted by this Court while interpreting Article 141 of the Constitution which embodies the doctrine of precedents as a matter of law. The existence of judicial power in that behalf must necessarily and inevitably postulate the existence of a right Top Lawyer in Chandigarh the citizen to move the Court in that behalf; otherwise the power conferred on the High Courts and this Court would be rendered virtually meaningless.

The said article reads as follows: It was stated in Gopal Marwari v. Therefore, it is clear from the scheme of the Act that jurisdiction of the Tribunal constituted under the Armed Forces Tribunal Act is in substitution of the jurisdiction of Civil Court and the High Court so far as it relates to suit relating to condition of service of the persons subject to Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950, which are special laws enacted by the Parliament by virtue of exclusive legislative power vested under Article 246 of the Constitution of India read with Entries 1 , (1976) 2 SCC 780).

He submitted that as per Section 52 of the Transfer of Property Act, 1882, no transfer of any immoveable property during the pendency of any suit or proceeding in relation to that property can take place except with the authority of the Court in which such suit or proceeding in pending. That section, as we have already mentioned, authorised the Governor of U. 54 of 1955, arising out of the judgment and order dated May 23, 2 1955, of the Court of the Special Judge, Lower Assam Districts at Dhubri Solicitors in Chandigarh High Court Special Case No.

1991(4) SCC 139, this Court in paragraph 40 and 41 held as under:- “40. 493-494) “If the power of the High Courts under Article 226 and the authority of this Court under Article 32 are not subject to any exceptions, then it would be futile to contend that a citizen cannot move the High Courts or this Court to invoke their jurisdiction even in cases where his fundamental rights have been violated. It appears to us that the learned Judge was not right in thinking that the area comprised in 74 factories was notified as one local area.

” If immediately before the commencement of this Act, there is pending any proceeding in relation to an industrial dispute before a Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947), as lawyer in Chandigarh for annulment of marriage force before such commencement, the dispute may be adjudicated and the proceeding disposed of by the Tribunal after such commencement, as if this Act has not been passed. Rajdewan Dubey this Court while pointing out the procedure to be followed when conflicting decisions are placed before a bench extracted a passage from Halsbury’s Laws of England incorporating one of the exceptions when the decision of an appellate court is not binding The ‘quotable in law’ is avoided and ignored if it is rendered, ‘in ignoratium of a statute or other binding authority’.

It merely means-become aware of and when used with reference to a court or Judge, to take notice of judicially. Discussing the principle of binding precedents in the case of State of U. English courts have developed this principle in relaxation of the rule of stare decisis. The word “cognizance” has no esoteric or mystic significance in criminal law or procedure. 2007 is defective as against him. In Keshav Singh[1964] INSC 209; , (1965) 1 SCR 413 while addressing this issue, Gajendragadkar, C.

The notifications which were issued under this provision set out a number of factories for the levy of a cess at the rate of three annas per maund on entry of all sugarcane into the local area comprised in the factories mentioned in the schedule for consumption, use or sale therein. Synthetics and Chemicals Ltd. If that word necessarily and inevitably comprises all forms of property, including agricultural land, then clearly the Act went beyond the powers (1) [1941] F. “No doubt if the Act does affect agricultural land in the Governors ‘Provinces, it was beyond the competence of the Legislature to enact it: and whether or not it does so must depend upon the meaning which is to be given to the word “property” in the Act.

Let it not be forgotten that the judicial power conferred on the High Courts and this Court is meant for the protection of the citizens’ fundamental rights, and so, in the existence of the said judicial power itself is necessarily involved the right of the citizen to appeal to the said power in a proper case. ” Section 7, before the Amendment ran thus: On the basis of these submissions, he contended that the title of the purchaser as per sale deed dated 20. The question that arose before the Court was whether the specification of certain factories as local areas was valid law.

to impose by a notification, after consulting the Sugar Control Board under the Act, a cess on the entry of sugarcane into a local area specified in such notification for consumption, use or sale therein. In practice per incuriam appears to mean per ignoratium. The learned Judge appears to have proceeded on the basis that the Governor had notified the area comprised in 74 factories as one “local area” and held that once this was ‘done the entire area covered by all these factories should be considered as one statutory local area.

What appears to have been done was that the area of each factory was being notified as a local area for the purpose of the Act.


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