AIR 1969 GUJARAT 1 ::9 GujLR 142 ::ILR (1968) Guj 4

Gujarat High Court

Hon'ble Judge(s): N. M. Miabhoy , C.J. AND J. B. Mehta, A. D. Desai , JJ

(A) Bombay General Clauses Act (1 of 1904) , S.15— Bombay Police Act (22 of 1951) , S.56— Power u/S.56 conferred on Sub Divisional Magistrate by virtue of his office - It does not cease to be a special conferment of power. AIR 1943 Sind 107, Diss. from.AIR 1948 Bom 156, Foll. (Para 7) (B) Bombay Police Act (22 of 1951) , S.56— Expression "specially" as used in section - Construction - Special conferment of power and general conferment of power - Distinction explained - In regard to Sub Divisional Magistrate, power u/S.56 must be conferred upon that officer either by his name or by his office - Notification conferring general power held did not satisfy requirement of S.56. Bombay General Clauses Act (1 of 1904) , S.15, S.16, S.18— Civil P.C. (5 of 1908) , Preamble— Interpretation of Statutes - Statutes conferring power. The expression "specially" as used in the adjectival clause "(who is) specially empowered by the State Government in that behalf" in S. 56 of Bombay Police Act has reference to the Sub Divisional Magistrate, and the reference is made in order to emphasize that the Sub Divisional Magistrate, on whom the power is to be conferred must be selected or chosen by the State Government and that, such officers must....