Salet Singh Vs. Bali Singh

Salet Singh vs Bali Singh

Type Court Judgment Court Allahabad Decided Jun 25, 1947

~1 min read

https://sooperkanoon.com/case/452126

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/452126
Court: Allahabad
Decided On: Jun 25, 1947
Subject: Criminal

Case Summary

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

- - One of the unsuccessful candidates went to the Additional District Magistrate in revision.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Salet Singh

Respondent

Bali Singh

Legal References

Reported In: AIR1948All114

Excerpt

- - one of the unsuccessful candidates went to the additional district magistrate in revision.ordermalik, j.1. the mukhia of a certain village having died, four persons sought to be appointed in his place. the sub-divisional magistrate passed orders appointing one of them. one of the unsuccessful candidates went to the additional district magistrate in revision. the additional district magistrate has now made this reference to this court, suggesting that the order passed by the sub-divisional magistrate appointing the mukhia should be set aside.2. mr. l.m. roy has opposed this reference on the ground that no revision lies and the order passed by the sub-divisional magistrate was an executive order. a mukhia is appointed under sub-section (3) of section 45, criminal p.c., and in accordance with the rules framed by the provincial government which are contained in chap. 3 of the manual of government orders, vol. 1 it has been already held in in the matter of damma ('07) 29 all. 563 that such an order is an. executive order and no revision can be entertained under section 435, criminal p.c. if the order was not revisable obviously no reference could be made to this court. the reference is, therefore, rejected.

Full Judgment

ORDER

Malik, J.

1. The mukhia of a certain village having died, four persons sought to be appointed in his place. The Sub-Divisional Magistrate passed orders appointing one of them. One of the unsuccessful candidates went to the Additional District Magistrate in revision. The Additional District Magistrate has now made this reference to this Court, suggesting that the order passed by the Sub-Divisional Magistrate appointing the mukhia should be set aside.

2. Mr. L.M. Roy has opposed this reference on the ground that no revision lies and the order passed by the Sub-Divisional Magistrate was an executive order. A mukhia is appointed under Sub-section (3) of Section 45, Criminal P.C., and in accordance with the rules framed by the Provincial Government which are contained in chap. 3 of the Manual of Government Orders, vol. 1 it has been already held in In the matter of Damma ('07) 29 All. 563 that such an order is an. executive order and no revision can be entertained under Section 435, Criminal P.C. If the order was not revisable obviously no reference could be made to this Court. The reference is, therefore, rejected.

Same Parties Salet Singh vs Bali Singh Same Subject Criminal

Criminal