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    <title>1943 (4) TMI 13 - PATNA HIGH COURT</title>
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    <description>The court upheld the convictions where Special Magistrates had jurisdiction but directed the release or retrial of petitioners in cases where trials began before the District Magistrate&#039;s order under Section 10. It clarified that the Ordinance did not exclude Special Magistrates from trying offences under the Defence of India Rules and that the Ordinance&#039;s enactment during the emergency empowered the Provincial Government to designate offences for trial by special courts. The court also affirmed the Ordinance&#039;s validity over the Defence of India Act, rejected claims of ultra vires nature, and held that Section 26 of the Ordinance limited the High Court&#039;s power to issue writs of certiorari.</description>
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    <pubDate>Tue, 20 Apr 1943 00:00:00 +0630</pubDate>
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      <title>1943 (4) TMI 13 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=287725</link>
      <description>The court upheld the convictions where Special Magistrates had jurisdiction but directed the release or retrial of petitioners in cases where trials began before the District Magistrate&#039;s order under Section 10. It clarified that the Ordinance did not exclude Special Magistrates from trying offences under the Defence of India Rules and that the Ordinance&#039;s enactment during the emergency empowered the Provincial Government to designate offences for trial by special courts. The court also affirmed the Ordinance&#039;s validity over the Defence of India Act, rejected claims of ultra vires nature, and held that Section 26 of the Ordinance limited the High Court&#039;s power to issue writs of certiorari.</description>
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      <pubDate>Tue, 20 Apr 1943 00:00:00 +0630</pubDate>
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