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Queen-empress Vs. Sinha

Queen-empress vs Sinha

Type Court Judgment Court Allahabad Decided Dec 31, 1969
~1 min read
https://sooperkanoon.com/case/449789

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Citation
Court
Allahabad High Court
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

High Court's powers of revision - Criminal Procedure Code, Section 439--Revision case in which term of imprisonment has been served. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. CJ, P.V. Hardas, Naresh H. Patil, R.M. Borde & R.M. Sava...

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Sinha

Legal References

Reported In
(1885)ILR7All135

Excerpt

.....schools (conditions of service) regulations act, 1978 [act no. 3/1978]. sections 9 & 2(21): jurisdiction 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 namely: recognised by any officer authorised by the director or by any such boards, is included in the latter part of section 2(21), such boards will be of the level of the state board or the divisional board. the boards referred to in the definition of the word recognised means the boards which deal with education at levels other than that of the level at which primary schools are operating. thus for being recognised, the school has to be recognised by the board and therefore, it has to be operating at a higher level i.e., secondary level. section 2(21) of the act defines the term recognised. the last clause therein is by any of such boards. the term such is defined in oxford dictionary as.....duthoit, j.1. the applicant has served his term of imprisonment, and a preliminary objection is urged by the learned junior government pleader to the effect that as, since the application was filed, the effect of the finding of the magistrate has become complete, this court cannot interfere with that finding. i am unable to admit the force of this contention. i can find nothing in the terms of the law to prevent this court from interfering with a conviction, even though, in consequence of the expiry of the sentence, it may not be possible to interfere with the latter. and cases in which such interference should not be summarily refused may easily be supposed, as, for instance, where a man's status is altered by his conviction, (as in convictions under chapter xii or xvii of the indian penal code, or under the common gambling act), or where, as hero, the convict's prospect of future employment depend in a great measure upon the existence or the annulment of the conviction.2. the learned judge then proceeded to deal with the application on the merits.

Full Judgment

Duthoit, J.

1. The applicant has served his term of imprisonment, and a preliminary objection is urged by the learned Junior Government Pleader to the effect that as, since the application was filed, the effect of the finding of the Magistrate has become complete, this Court cannot interfere with that finding. I am unable to admit the force of this contention. I can find nothing in the terms of the law to prevent this Court from interfering with a conviction, even though, in consequence of the expiry of the sentence, it may not be possible to interfere with the latter. And cases in which such interference should not be summarily refused may easily be supposed, as, for instance, where a man's status is altered by his conviction, (as in convictions under Chapter XII or XVII of the Indian Penal Code, or under the Common Gambling Act), or where, as hero, the convict's prospect of future employment depend in a great measure upon the existence or the annulment of the conviction.

2. The learned Judge then proceeded to deal with the application on the merits.

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