By filing the proceedings again the Government decided that the appellant and S. A it conveys the meaning, in unambiguous terms, that old used gunny bags would not be equated with rags. In Hori Rain Singh's case (4) which was approved by the Privy Council and this Court in Amrik Singh's case (5), Vardachariar, J. Neither the Company nor the outside partners, as the case may be, is or are interested in such a question. Definition - In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

496 of the Code of Criminal Procedure. , subversion of the government established by law in the State in conjunction with the enemies of the State. The Ordinance, however, tries to reach an evil of deeper roots, an evil which cannot be said to have ceased to exist, viz. Such question can arise only as between the karta and the members of his family and the answer to the question will depend on whether the remuneration or profit was earned with the help of joint family assets.

The Company is not concerned with the managing direc- tor's Hindu undivided family or the members thereof, just as the outside-partners know only the karta in his individual capacity as their partner and are not concerned with his Hindu undivided family or its members. This contention therefore also fails. Neither of these two considerations appears to us to be tenable. Being a permanent law, it can only be brought to an end by means of repeal by competent authority. The complainant invoked the inherent power of the High Court under s.

From the definitions of Rag pulp, jute pulp available in the IS Glossary of Terms used in Paper Trade and Industry, the definition of Rags appended with the Notification No. An application made subsequently by the complainant for cancellation of the bail was dismissed by the Magistrate on the ground that under s. The appellant was charged under s. 496 he had no jurisdiction to cancel the bail. No argument was raised before us as to the effect of that order on the appellant's case and the argument has proceeded on the basis that on that view of the law the acquittal of the appellant was by a court without jurisdiction and therefore even if no appeal was taken as against the appellant the order of acquittal would be no more than an order of discharge(Yusofalli Mulla Noorbhoy v.

329 managing director must necessarily be of a particular person for his personal skill and other qualities and therefore, the remuneration received by him must be his personal earnings. Darsanram (2) the finding of fact was that the joint family property had not been spent in earning the managing director's remuneration which was, therefore, held to be the personal earnings of the karta who had been appointed as the managing director.

Commissioner of Income-tax, Bihar and Orissa (1) is clearly distinguishable in that it was expressly provided in the Articles of Association of the Company in that case that the remuneration of the managing director would be his personal income. 4(1) of the Act to be ultra vires and set aside his conviction and left it to Government to decide as to whether he should again be tried or not. Sankaralinga Iyer (3) does not help the respondent because of the facts found in that case.

Bose should be retried. Appeal by special leave from the judgment and order dated the April 29, 1953, of the Punjab High Court at Simla in Civil Revision No. 561A of the Code and the High Court took the view that under that section it had inherent power to cancel the bail,and finding that on the material produced before the Court it would not be safe to permit the appellant to be at large, it cancelled the bail.

Vis-a-vis the Company the managing director is undoubtedly the individual person who is appointed as such. , had accepted the correctness of that track of decision which had held that sanction was necessary when the act complained of attached to the official character of the person doing it. 161, but Meads' case(1) was a case of a Courtmartial against an officer who was alleged to have misappropriated money entrusted to him and his defence was that while he was sleeping, the currency notes were burnt by the falling of a candle which was burning in his room.

Dutt Gupta, acquitted the appellant and convicted the co-accused S. 248 of 1950, against the order of the Rent Controller, Delhi dated the December 14, 1950. Bose who alone took an appeal to the High Court. 496 of the Code of Criminal Procedure a person accused of a bailable offence is entitled to be released on bail pending his trial, if his conduct subsequent to his release is found to be prejudicial to a fair trial, he forfeits his right to be released on bail and such forfeiture can be made effective by invoking the inherent power of the High Court under S.

The case of Sardar Bahaditr Indra Singh v. 167(8i) of the Sea Customs Act, i878, which were bailable offences, and was released on bail by the Chief Presidency Magistrate under s. 120 B of the Indian Penal Code and s. In Commissioner of Income-tax, Bihar and Orissa v. The question whether the amount received by the karta by way of managing director's remuneration in the one case or as his share of profits in the partnership business in the other case is his personal income or is the income of his Hindu undivided family cannot arise as between the Company and the karta as the managing director or between the outside partners and the karta as a partner.

85 dated October 8, 1958, which is as follows: Sd/- Illegible, Commissioner of Police, Calcutta. " On or about October 8, 1958, the petitioner was served, in the Dum Dum Central Jail, with a further order, being Order No. It is not the case of the appellants that the Ordinance has been repealed by any competent authority. On appeal to the Supreme Court:-- Held, that though under s. It must therefore be held to be in force till such repeal even if the conditions now are assumed not to be exactly the same as in 1949.

The case of Commissioner of Income-tax, Madras v. 761 of 1951, arising out of the Appellate Order dated October 6, 1951, of the Court of District Judge, Delhi in Misc. 8/96-CE and the definition of rag in various judgments mentioned in para 26.