Raghunath Upadia and ors. Vs. Emperor - Court Judgment

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.....of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being recognised is concerned, it includes, as stated above, four directors, the divisional boards and four state boards. the second part of this definition which comes after the comma refers to any officer authorised by director or by any of such boards. the question to be examined is whether school run by the cantonment board could be said to be one run by any such boards. a private school has to be recognised by the state or the divisional board or by any officer authorised in that behalf. when this phrase.....piggott, j.1. i agree with the learned sessions judge. i set aside the magistrate's order under section 133 of the code of criminal procedure. if the district magistrate thinks that further proceedings ought to be taken in the matter, he is at liberty to take such proceedings himself, or to send the case to any magistrate of the first class subordinate to him, other than the magistrate who passed the order now set aside. the proceedings may be taken up at the stage at which the present applicant filed their written statement of the 16th august, 1924.