Madhya Pradesh Court August 1956 Judgments
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Union of India (Uoi) Vs. Mahesh Chandra Sharma
Court: Madhya Pradesh
Decided on: Aug-29-1956
Reported in: 1957CriLJ184
Shinde, C.J.1. This revision has been referred to a Division Bench under Section 29, Madhya Bharat High Court of Judicature Act by a Single Bench. The facts out of which this revision arises are briefly as follows:2. On 5-2-1955 an offence under Section 161, I. P. C. and Section 5(2) read with Section 5(l)(b), Prevention of Corruption Act was registered. On 7-2-1955, the Deputy Superintendent of Police gave a direction to Inspector Saksena and Mr. Saksena applied to Additional District Magistrate, Indore for permission to investigate the case and arrest the accused. The permission was granted by Mr. Acharya and the investigation was conducted by Inspector Saksena.On 15-6-1955 sanction was obtained under Section 6 (c) of the Prevention Of Corruption Act and on 24-6-1955 a charge-sheet was submitted. On 2-8-1955 the accused sought an adjournment which was granted. On 18-8-1955 an application was moved on behalf of the accused to the effect that the Deputy Superintendent of Police was the...
Ramji Rupchand Vs. Western Railway (District Superintendent)
Court: Madhya Pradesh
Decided on: Aug-06-1956
Reported in: (1958)IILLJ84MP
Chaturvedi, J.1. This is a revision filed by the petitioner Ramji who is a goods guard at Ratlam against an order of the Court of the District Judge, Indore, dated 26 July 1955, in appeal No. 117 of 1954 setting aside the order passed by the Authority under the Payment of Wages Act.2. There is no dispute so far as the scale of the pay of the petitioner is concerned. It will be clear from the following narration that the dispute in this case is confined to arrears of salary which the petitioner is entitled to under orders of the President. The petitioner was in the service of B.B.C.L. Railway before 1931. In the next scale of 1931, all 'C' guards were given a fixed salary of Rs. 100 per mensem. But when the petitioner was promoted to guard grade 'C' he was given the pre-1931 scale of pay which was Rs. 50-5-85-10-105. Subsequently, all the railways in the country were integrated and the Pay Commissioner's recommendations were accepted by the Government of India which fixed a new scale of...
Jagadamba Prasad Vs. the State
Court: Madhya Pradesh
Decided on: Aug-06-1956
Reported in: 1957CriLJ179
ORDERDixit, J.1. The applicant Jagadamba Prasad was convicted by the Additional City Magistrate, Lashkar under Section 409 I. P. C. and sentenced to six months rigorous imprisonment. His conviction was confirmed by the Additional Sessions Judge of Gwalior on appeal. The sentence of six months rigorous imprisonment was however, reduced by the learned Sessions Judge to one already undergone by the accused. The applicant has now come up in revision to this Court.2. The prosecution case was that in 1949 the applicant was a cashier in Scindia State Railways and that in that capacity he was entrusted with the duty of withdrawing for disbursements and of crediting various amounts in the treasury and to maintain accounts thereof. Some time in September 1949, the General Manager of the Railways Guha came to know that several amounts had, not been properly adjusted and appropriated in the accounts office. He, therefore, directed the Deputy Manager Mr. Kawada P. W. 3 to check the accounts and acc...
Prem NaraIn Mohanlal Dubey Vs. State
Court: Madhya Pradesh
Decided on: Aug-01-1956
Reported in: 1957CriLJ508
ORDERA.H. Khan, J.1. The Police filed a complaint against the petitioner, who is the Sarpunch of Gram Panchayat, Kalukheda, alleging that the Sarpanch was entrusted with a sum in the neighbourhood of Rs. 4,000/-, for improving the sources of water supply in villages. It is said that no work was done but all the same a report of the fictitious completion of the work was prepared and a receipt purporting to be in the name of a fictitious person was obtained, and thus the accounts were adjusted. On these facts, the accused was being tried under Sections 409, 467 and 218 of the Indian Penal Code. He raised the plea that being a Sarpanch, he was a public servant and under the Panchayat Vidhan and the rules made thereunder, be was not removable from his office by any authority subordinate to the State Government and, therefore, sanction under Section 197 of the Criminal Procedure Code for his prosecution was necessary. It was contended on his behalf that in the absence of sanction, the prose...
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