Madhya Pradesh Court December 1950 Judgments
B. Choudhary Vs. the State of Bhopal and anr.
Court: Madhya Pradesh
Decided on: Dec-21-1950
Reported in: 1951CriLJ1239
ORDERSathaye, J.C.1. This is a petition under Article 226 of the Constitution for issue of a direction or order or a writ in the nature of mandamus or prohibition or for grant of any other relief, to safeguard his fundamental rights under Article 19(1)(d) & (e) of the Constitution.2. The petitioner was arrested at Bhopal, on 6-4-1950 & detained under the Preventive Detention Act of i960 for three months by the order of the Chief Commissioner & the detention was extended for another three months. But on 6-10-1850, when his application under Article 226 of the Constitution was pending in the Judicial Commissioner's Court, Bhopal, he was released, his term having expired, but was externed from the whole of Bhopal State, an order under Section 4 (1)(d), Bhopal State Public Safety Act of 1947 read with S. S. Bhopal Administration Order, 1945 passed by the Chief Commissioner, Bhopal. It is this order that is now challenged as encroaching on the petitioner's fundamental rights under Article 1...
Tag this Judgment!Mahmood-ul-hussaini Vs. the State
Court: Madhya Pradesh
Decided on: Dec-18-1950
Reported in: 1952CriLJ78
ORDERSathaye, J.C.1. This is an application for action under Article 228 of the Constitution.2. The applicant is the editor, printer & publisher of a newspaper named Parcham.e-nau at Bhopal. He is being prosecuted for an offence under Section 23, Bhopal State Public Safety Act, 1947, in the Court of the Sub-Divisional Magistrate, Bhopal. He contended that the case involves a substantial question of law as to the interpretation of the constitution the determination of which is necessary for the disposal of the case & prays that this Court should withdraw it & may either dispose of the case itself or determine the said question of law & return the case to the Court from which the case is withdrawn etc. The questions of law stated to have been involved are: (1) Whether Section 23, Bhopal Public Safety Act, 1947 is ultra vires of Article 19 read with Article 13 of the Constitution & (a) Whether Section 5 of the Bhopal (Administration) Order, 1949 is ultra vires or void under Article 13 of ...
Tag this Judgment!Municipal Committee Vs. Shahabuddin
Court: Madhya Pradesh
Decided on: Dec-11-1950
Reported in: 1952CriLJ568
ORDERChaturvedi, J.1. The non-applicant had placed some building material (Malva) upon the ground level of a street and the Municipal Committee, Lashkar after issuing a notice to the non-applicant summarily removed the moveable encroachment. The Municipal Committee applied to the Magistrate for recovering expenses from the non-applicant. The Magistrate dismissed this application and a revision against this order was dismissed by the learned District and Sessions Judge. The Municipal Committee has therefore come up in revision to this Court.2. Mr. Swamisaran, learned Counsel for the non-applicant, has raised a preliminary objection contending that the order of the Magistrate is not liable to revision under Section 435 of the Indian Criminal Procedure Code.3. I have no doubt that the power which the Magistrate exercises in respect of any prosecution, under Section 159 or Chapter 9 of Gwalior Municipal Act, is a judicial power and any order made by him in these prosecutions will be the or...
Tag this Judgment!Kashi Ram Vs. the State
Court: Madhya Pradesh
Decided on: Dec-05-1950
Reported in: 1951CriLJ1246
Sathayb, J.C.1. The appellant Kashi Ram has been convicted of an offence under Section 304, Penal Code, & is sentenced to suffer rigorous imprisonment for a period of three years for having caused the death of one Gada Teli of the same village on 6-1-1950, by the Ses. J., Raisen, in criminal Trial No. 60 of 1949- 50.2. The facts of the case are undisputed. Gada. Teli of mouza Silwani had two wives. He had left his first wife & married another, She too had left him & had gone to Saugor. Gada suspected Kashi Ram, the appellant to have helped her to leave the house & go to Saugor. Gada's first wife held a debt against Kashi Ram. She lived with her mother in the same village. On the 6th of January, this year Gada took Kashi Ram to her house & in her presence demanded the debt. Gada's wife, however, did not show keenness to recover it, but Gada insisted that he would recover it by force. Gada then threatened to recover the debt by force & picking up a bamboo stick, lying in the court-yard, ...
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