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(1947) 2 MLJ 402 (FC)
FEDERAL COURT
Present : Sir Patrick Spens, Chief Justice, Sir Muhammad Zafrulla Khan and H.J. Kania, JJ.
Case Number(s) : Criminal Appeals Nos. 1 and 2 of 1947.
Judgement Date :
Friday 11th of April 1947
| J.K. Gas Plant Manufacturing Co. (Rampur). Ltd. and two others. | .....Appellant(s) | | Versus | | | The King-Emperor | .....Respondent(s) |
Defence of India Rules (1939), rule 81(2) - Authority empowered to make orders under - 'Central Government' to be construed as meaning Governor-General in Council - Constitution Acts - Principles of construction applicable-Government of India Act 1935)- Ninth schedule, section 40 (I)- Construction- If mandatory or only directory - Government of India Act (1935), section 102 (4) - Scope and effect of - "Except as respects things done or omitted to be done" - Words, if authorise a continuation of prosecutions under the Defence of India Rules after 30th September, 1946 - Government of India Act (1935}, section 205 (I) - Certificates under under - Appeal should be from a "judgment, decree or final order" - Certificate once granted - Power of the Federal Court to determine competency of the appeal - Orders in pending proceedings - Appeal to Federal Court - Competency.
Cases Referred
Wicks v. Director of Public Prosecutions 63 T.L.R. 6 (H.L.)
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