cover image: The Calcutta Weekly Notes  November 29  1948

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The Calcutta Weekly Notes November 29 1948

1948

(By SUDIIANSU SEKHAR MUKHERj1) The discovery of a large quantity of cheap arms all over the country is one of the Sequelm " of recent communal and political upheavals and the invariable sequence would be a number of prosections under the Indian Arms Act. [...] If some of them share the opinion with Costello and M. C. Ghosh J J. as expresed in the case of Abdul Rahman and hold that even when the prosecutor obtains the sanction after the initiation of the proceeings a guilty person must not be allowed to escape the just rewards of his midoings on the basis of what they find to be an unsubstantial technicality " a lawyer may sympathise with th [...] In 1877 Sir Edward Bayley in intrducing a Bill to amend the existing Arms Act observed that the main object of the Bill was to obtain stricter control on the possession of cheap firearms even in the non-disarmed parts of India inasmuch as tl under the existing law the impor ' trade in cheap arms had grown up to n uwholesome extent. [...] Apart from the policy of the Bill the itention of the Legislature is clearly ebodied in the secs. [...] 1—(i) In view of the Federal Court's decision in Bos-deo Agawalla's case and of the decision of the Privy Council in the case of Gokulhand Dwarwadas illorarka„ it will be quite Corect to hold that the proceedings institued without the necessary sanction will be null and void.
law
Pages
6
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes November 29 1948
ix-xiv unknown view

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