What was the reason for jasbir kaur to file case against union of india in the uniform case?
Answers
ection 32 cannot be viewed merely from the angle of offences and punishments and procedure in respect of offences. The Regulatory measures in the Central Act and the rules made thereunder on the one hand and those under the Trade Act and the rules made thereunder on the other differ and consequently, the main object of Section 32 of the Trade Act seems to be to do away with the need to comply with and/or adhere to the rigor of the restrictions in the Central Act, in addition to satisfying the requirements of the stipulations contained in the Trade Act and the rules made thereunder. There is nothing as a matter of any general principle for denying the very same legislature – the legislature of the Bihar State, the power to enact different provisions in either separate Acts or in one and the same Act conferring distinct and separate powers upon more than one authority to deal with a particular situation arising, as it may deem fit, or as the exigencies of the situation may warrant. All the more so, in our view, in this case, having regard to Section 53-C inserted by the Bihar Amendment Act 9 of 1990 in the Indian Forest Act, 1927, which in unmistakable language of a mandatory nature, ordaining that on receipt of intimation under sub-section (4) of Section 52 about initiation of proceedings for confiscation of property, by the Magistrate having jurisdiction to try the offence on account of which the seizure of property, which is subject matter of confiscation, has been made, no Court, Tribunal or Auth