When the Founders created our Constitution, they entrusted only limited powers to the national government and specifically enumerated those powers in the Constitution itself.
The mere fact that some reports had been lodged against the petitioner could not form basis for cancelling the licence.
The order passed by the District Magistrate and that passed by the Commissioner cannot, therefore, be upheld on the basis of anything contained in section 17(3)(b) of the Act. 49 - Constitution of India, Article 233 (2) Appointment Post of Distt.
In this respect, the same rules apply as in the case of titles to amendatory bills. Codification is the gathering together into one comprehensive statute of all of the law on a given subject, with or without change, and the repeal of the existing statutes so incorporated.
In this way they find their place in the logical sequence of existing law. Supplements are, generally speaking, in the form of a simple new enactment, except that the title of the supplement cites the statute to which it is supplementary.
Having regard to all these aspects, held just and proper if the respondent-advocate was suspended from practice for a period of three years. Pannalal Pandey; 2012(8) Supreme 685) Rule 7 of the Allahabad High Court Rules, 1952, is crystal-clear which says that second writ petition on the same facts would be barred. Prabhat Mandal (Regd), Andheri, AIR 1986 391, was pleased to rule that the orders dismissing the first writ petition operates as res judicata between the parties and no second petition on the same facts is maintainable. The District Magistrate has not recorded a finding that it was necessary for the security of the public peace or for public safety to revoke the licence.
The mere existence of enmity between a licencee and another person would not establish the necessary connection with security of the public peace or public safety.
By showing undue sympathy and leniency in a matter such as this where the advocate has been found guilty of grave and serious professional misconduct, the purity and dignity of the legal profession will be compromised. The question as to whether mere involvement in a criminal case or pendency of a criminal case can be a ground for revocation of licence under the Arms Act, has been dealt with by a Division Bench of this Court in (Sheo Prasad Mishra vs. The Division Bench relied upon the earlier decision of another Division Bench of this Court in the case of Masi Uddin vs.
Respondent advocate had even been previously found to be involved in a professional misconduct and he was reprimanded. 17(3)Arms licence Cancellation of Mere involvement in a criminal case shall not create ground of cancellation of arms licence Settled law is, mere involvement in a criminal case without finding that such involvement shall be detrimental to public peace and tranquility shall not create the ground for cancellation of arms licence. Commissioner, Allahabad, 1972 ALJ 573, wherein it has been held:-- A licence may be cancelled, inter-alia, on the ground that it is necessary for the security of public peace or for public safety, to do so.
The present practice is to add a section or sections by way of amendment to existing law.
In modern practice, however, supplements have fallen into disuse.
It is therefore preferable to refrain from incorporating more than provisions relating only to the subject of the code and not to take provisions from one code and insert them in a new one just being prepared. Codifications are in the form of original enactments. A codification as a general rule carries a table of contents which varies in degree of completeness.