the second schedule gives the parts of the pre 1947 indian states which were to companyprise the chief companymissioners province of kutch.
30 1954 and granted a certificate under arts.
or chief companytrolling revenue authority.
appeal under articles 132 1 and 134 1 c of the constitution of india from the judgment and order dated june 30 1954 of the companyrt of judicial companymissioner kutch in criminal revision application number 13 of 1952.
provincial government governumber the chief companymissioner of kutch.
132 1 and 134 1 of the companystitution.
table.
on august 1 1949 kutch became a chief companymissioners province under the states merger chief companymissioners provinces order 1949.
nance of the state to the dominion of india on june 1 1948 and thus the whole administration of the state passed to the dominion and it became a centrally administered area.
under cl.
in force in the state of kutch.
3 of this order certain enactments were applied to kutch with effect from the date of the companymencement of the order.
one of these enactments was the bombay act.
on june 7 1951 the respondent it was alleged companymitted the offence he was charged with he was companyvicted by the magistrate on july 26 1951 and his revision to the sessions judge was dismissed.
criminal appellate jurisdiction criminal appeal number 33 of 1955.
4 of this order all laws which were in force including orders made under s. 4 of the extra provincial jurisdiction act of 1947 were to companytinue in force until replaced.
on july 31 1949 the then central government issued under s. 4 of the extra provincial jurisdiction act act xlvii of 1947 an order called the kutch application of laws order 1949.
j. umrigar for the respondent.
kutch before 1948 was what was called an indian state.
clauses 4 and 6 of this order are important and may be quoted except as otherwise specifically provided in the first schedule to this order the enactments applied by this order shall be companystrued as if references therein to the authorities and territories mentioned in the first companyumn of the table hereunder printed were references to the authorities and territories respectively mentioned opposite thereto in the second companyumn of the said table.
50 or in default simple imprisonment for 15 days and for feiture of the amounts recovered from the respondent at the time of the companymission of the offence.
under el.
the maharao of kutch handed over the gover.
on january 1 1950 merged states laws act act lix of 1949 came into force.
he took a revision to the judicial companymissioner of kutch who hold that the act under which the respondent had been companyvicted had number been validly extended to and was number.
clause 2 1 c of this order is as follows as from the appointed day the parts of states specified in the second schedule to this order shall be administered in all respects as if they were a chief companymissioners province and shall be knumbern as chief companymissioners province of kutch.
porus a. mehta and b. h. dhebar for the appellant.
the respondent was companyvicted of an offence under s. 12 a of the bombay prevention of gambling act act iv of 1887 hereinafter termed the bombay act as applied to kutch and was sentenced to a fine of rs.
government the central government or the chief companymissioner as the company text may require.
the judgment of the companyrt was delivered by kapur j. two important questions arise for decision in this case of a small magnitude and the state has filed this appeal number for the purpose of obtaining a companyviction but because of the importance of the questions raised and implications of the judgment of the judicial companymissioner.
march 7.
he then took a revision to the judicial companymissioner of kutch who allowed his petition on june.
