He never met the appellant in the hospital. In England on July 29, 1959, the Obscene Publication Act, 1959 (for short, the 1959 Act) was enacted to amend the law relating to publication of obscene matters, provided for the protection of literature and to strengthen the law concerning pornography. Mouskar's evidence on this aspect of the case which was as follows: The case paper relating to Laxmibai came to his office at 1 p.

he sent the telegram to the appellant at his address as appearing in the case paper. 3 the respondents agreed to pay the total amount payable under the three settlements in monthly instalments for the first three months commencing from March 10, 1949, at a sum of Rs. In Kedar Nath Bajoria's case (2), in addition to the sentence imposed under the ordinary law, the first appellant was fined Rs. In that view of the matter at 2 p. There was arrangement in the hospital for postmortem examination but he did not proceed to arrange for it immediately as on the face of it it was not a medico-legal case nor a road-side case.

We have now to consider whether the necessary facts to support the plea in defence existed in this case. 9(1) of the West Bengal Criminal Law (Amendment) Act of 1949. 47,550 received by him as required by s. At that time the endorsement " Asked for postmortem " was still there and diabetic coma had not been shown as the cause of death. We do not find any justification for this contention either in the express terms of the contract or in the surrounding circumstances whereunder the document came to be executed.

We must determine what was the status of the respondent on the date the impugned Order was passed against him. 112 In the case of Rao Shiv Bahadur Singh (1), referred to above, this Court held that Art. It had been urged in that case that the Vindhya Pradesh Ordinance (No. The liability was ascertained and the mode of recovery was provided for. The prohibition under the Article was not confined to the passing or the validity of the law but extended to the conviction or :the sentence and was based on its character as ex post facto law and therefore fullest effect must be given to the actual words used in the Article.

This Court, however, did not decide whether the total fine imposed was greater than what could be imposed under the law as it was at the commission of the offence. We are concerned with the expressed intention of the parties and when the words are clear and unambiguous- they are undoubtedly clear in this case-there is no scope for drawing upon hypothetical considerations or supposed intentions of the parties; nor are we attracted by the argument that the description of the properties intended to be hypothecated was not made clear and therefore the presumed intention was to suspend the rights under the new contract till a valid document in respect of a definite and specified property was executed.

Section 1(1) of the 1959 Act reads as follows:- 1. 47,550 would be set aside. No condition either precedent or subsequent was expressly provided; nor was there any scope for necessarily implying one or either. XLVIII of 1949) was an ex post facto law. " (1) For the purposes of this Act an article shall be deemed to be obscene if its effect or (where the article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

The only argument in this direction, 507 namely, that it is impossible to attribute any intention to the Government to take a mere promise on. In Rao Shiv Bahadur Singh's case (1) this Court had not to consider whether an ex post facto law imposing a minimum fine for an offence with respect to which an unlimited fine could be imposed by the law in existence at the time of the commission of the offence contravened the provisions of Art. It was a self-contained document; it did not depend upon the earlier contracts for its existence or enforcement.

It was the invariable practice to ask for the permission of the Coroner for holding the postmortem examination in all cases but before doing so it was necessary in nonmedico-legal cases to get the permission of the relatives of the deceased for holding the postmortem examination. Clause 4 prescribed that in case of default of any monthly instalment interest would be charged at the rate of 6% per annum and if the instalments defaulted exceeded two in number the Government was given the right to realise the entire amount payable under the three contracts with interest not only from the security but also otherwise.

The earlier contracts were superseded and the rights and liabilities of the parties were regulated thereunder. The position of the ex-Rulers of the former Indian States has, on more than one occasion, (1) 18 W. It assumed that Rao Shiv Bahadur Singh's case (1) supported the contention of the first appellant in that case. Apart from the fact that we are not satisfied with the argument that the description was indefinite, we do not think that such a flaw either invalidates a document or suspends its operation till the defect is rectified or the ambiguity clarified.

9,000 per month till the entire amount was paid. It is significant that in directing that the appeal would be heard in due course on merits this Court stated that it would be open to the Court in case (1) [1953] S. 50,000, including the sum of Rs. The contention that the provisions of Art. Clause 6 in express terms declared that the contracts should be finally concluded in terms of the settlement and no party would have any claim against the other. Is there any justification for the contention that the substituted contract should either come into force after the hypothecation bond was executed or that it should cease to be effective if the said bond was not' executed within a reasonable time from the date of the settlement?

the part of the respondents to hypothecate their properties "' as satisfaction " and therefore it should be held that the intention of the parties was that there would be no satisfaction till such a document was executed, does not appeal to us. 5 it was stipulated that the respondents should hypothecate their moveable and immoveable properties described thereunder to provide cover for the moneys payable to the Government.

The substituted agreement gave a new cause of action and obliterated the earlier ones and if there was a valid defence against the enforcement of the new contract in whole or in part, the party affected must take the consequences. 20 of the Constitution had, been contravened was rejected and it was held that the criminal law relating to offences charged against the accused at the time of their commission was substantially the same as obtained at the time of the conviction and sentence under the Indian Penal Code.

5,000 and thereafter at a sum of Rs. 20 of the Constitution must be taken to prohibit a conviction or subjection to penalty after the Constitution in respect of ex post facto law whether the same was a pre-Constitutional law or a post- Constitutional law. This Court, however, held that Ordinance was not ail ex post facto law. The Licensee or its Agents shall not by any act of commission or omission, restrict the use of the Jetty and back up area by the Board except when it is actually used by the Licensee for the purpose provided for in this agreement.

I will now refer to Dr. Reference to the decision in Rao Shiv Bahadur Singh's case(1)was made and this Court held that, in any event, the fine to the extent of Rs.