Court : Karnataka
Decided on : Sep-20-1977
Reported in : 1978CriLJ109
..... the nature of the offence and the character of the offender it would not be desirable to deal with him under section 3 or 4 of the act but to award a sentence of imprisonment to him. the underlying object of the above provisions obviously is that an accused person should be given a ..... of section 4 of the probation of offenders act would have overriding effect and, shall prevail if the other conditions prescribed are fulfilled. those conditions are (1) the accused is found guilty of having committed ..... said thus (at pp 1298, 1299 of air) :-in this respect we find that sub-section (1) of section 4 of the probation of offenders act contains the words 'notwithstanding anything contained in any other law for the time being in force.' the above non obstante clause point to the conclusions that the provisions ..... of section 4 of the p. o. act point to the conclusion that their operation is not excluded in the case of persons found guilty of offences ..... . no doubt section 32 of the karnataka excise act prescribes for the first offence a minimum sentence of three months' rigorous imprisonment and fine of not less than rs. 100/-. but, as pointed out by the supreme court in isher das v. state of punjab air 1972 sc 1295 : 1972 cri lj 874, the provisions .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-22-1977
Reported in : AIR1977Kant168; ILR1977KAR360; 1977(2)KarLJ505
..... sri balakrishna, it would be binding on all the courts in the country. in this context, attention was invited to an enunciation of the supreme court in the case of municipal committee, amritsar v. hazara singh, : 3scr914 . the relevant enunciation, reproduced from an earlier judgment of the supreme court in malwa co-operative milk union ltd., indore v. biharilal, decided ..... matters other than law have no binding force. several decisions of the supreme court are on facts and that court itself has pointed out in gurcharan singh v. state of punjab, (1972 fac 549) (punj & har) and prakash chandra pathak v. state of uttar pradesh, : air1960sc195 that as on facts no two cases could be similar, its own decisions which were ..... . 131' does not define the scope, of the disputes which this court may be called upon to determine in the same way as s. 204 of the government of india act, and we do not find it necessary to do so, this much is certain that the legal right which is the subject of dis dispute must arise in the context .....Tag this Judgment!