Court : Madhya Pradesh
Reported in : 1953CriLJ1764
..... lalaram cannot be found guilty of the offence of murder and even of causing any hurt. the argument is based on the decision of the allahabad high court in air 1950 all 355 (a). the point raised by the learned counsel is no doubt very important. but the difficulty i feel in the consideration of the question in the ..... concocted deliberately, the court would decline to believe the rest of it without corroboration. i am of opinion that the dying declaration of jalim ought not to be acted upon for finding the appellant lalaram guilty of the murder of jalim, when there is no corroborative evidence and when there are signs of attempt to improve and develop ..... servant of sukhpal singh, the zamindar of kodaira, madhopur and other villages and that in that capacity lalaram used to take forced labour from the villagers and also recover from them illegal exactions. as a result of these acts of lalaram, the villagers were displeased with him and persuaded him to give up the service of the zamindar. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ964
..... being void, the conviction of the applicant under that section was illegal. the argument of mr. gupta is that as the penal code does not make the act of assault or use of criminal force to any man with intent 'to outrage his modesty' an offence, section 354, penal code contravenes article 14 of the constitution and that in enacting section ..... the territories of india. article 14 has been construed by the supreme court in several cases see - raning rawat v. state of saurashtra : 1952crilj805 ; - charanjitlal v. union of india : [1950]1scr869 and by this court also in - miss sumitra devi v. state of madhya bharat 1952 madh b lr 385 (c) and in effect it means that every law that ..... whether the applicant had committed any offence at all under section 354, penal code. learned counsel relied on - soko v. emperor air 1933 cal 142 (d). in that case jack j., felt some doubt as to whether the act of a man putting a finger into the private parts of a girl of five and half years of age, constituted an .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1954CriLJ602
..... to the state of bhopal such functions as may be vested in them by or under the government of india act, 1935, as in force in the dominion of india on the 15th day of august 1947.in clause 3 the ruler states that:i accept ..... in the state.it was on this account that it was held that the ordinance no. 17 of 1948 had not the force of law.29. it was then said that the original order, under which izhar ahmed was taken into custody, was not ..... was again made applicable and enforceable to such new provinces under the merged states (laws) act.28. the learned counsel for the petitioner referred to the case of - mohammad zahural huque v. state air 1950 madh. b. 17 (f) in. support of his contention that the ordinances nos. ..... its officers and extracts of certain documents received by them which were claimed to be privileged under sections 123 and 124, evidence act.9. the question, whether the evidence regarding the documents referred to by the non-applicant-state were privileged, was reserved for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1954)ILLJ127MP
..... that court.2. the facts which gave rise to the present petition are that: a notice of change as contemplated under section 42(2), industrial relations act, in force in this state and under rule 52 of the rules thereunder, was given by the president, mazdoor congress, gwalior, to the management of the petitioner mill ..... that this classification is arbitrary or unreasonable or that it bears no reasonable and just relation to the object sought to be achieved by the act?13. in the case of ' : [1950]1scr869 ' mukherjea, j., said:the legislature undoubtedly has a wide field of choice in determining and classifying the subject of its law, and ..... of employees, the counsel contended, belong to the same category for the purposes of the act, yet the employers are singled out for a discriminatory and hostile legislation. the counsel then cited three supreme court cases : charanjtt lal v. union of india : [1950]1scr869 ; lachmandas kewalram v. state of bombay : 1952crilj1167 ; and the state of punjab .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ1409
..... given to the applicant by the district magistrate is concerned, it is merely one by way of reminder to the applicant that as after the coming into force of the arms act his possession of arms without a license has become unlawful, he must under section 16 deposit the arms with the officer in charge of the nearest police ..... power given to thagr executive authority to administer the law is not relevant for the true interpretation of the law. in - chintamanrao v. state of madhya pradesh : [1950]1scr759 it was observed as follows:the phrase 'reasonable restriction' connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of ..... this case. the supreme court considered the question as to how far 'delegated legislation' is permissible. 'in re article 143, constitution of india and delhi laws act 1912 etc. air 1951 s c 332 (c), and a reference to its final conclusion will show that delegation of the character which section 14 involves cannot on any view be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1954CriLJ966
..... a statement on 12-12-1950 wherein besides making a statement relevant to the subject under consideration complained that fresh tenders had been invited for the construction of a gate-lodge for malwa ..... 1 in league with mr. mendis and with the connivance of executive engineer had made a short supply of these materials. in the early part of december 1950 delhi special police establishment were investigating this case regarding short supply of monsoon materials.7. in connection with this case mulchand contractor is said to have made ..... under section 72 of the government of india act vide - 'in re raju chettiar' air 1946 mad 254 (a). 25. by section 24, general clauses act where any central act is repealed and re-enacted with or without modification notifications issued under the repealed central act are to continue in force and be deemed to have been made or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP208
..... the powers vested in it under article 345 of the constitution. it received the assent of the governor on 27--10-1950 and came into force with effect from the date of its publication, namely 3-11-1950. section 3 of the act is reproduced below:'3 (1). subject as hereinafter provided, hindi and marathi shall be the official languages of the ..... and other witnesses and between one language and another as the official languages of the courts. reliance was placed, in this connection, on qasim razvi v. state of hyderabad, air 1953 sc 156: 1953 scr 589.in that case their lordships of the supreme court were considering the validity of the hyderabad special tribunal regulation (v of 1358 f) ..... anomaly of possessing a power over a given subject, but being unable to exercise it.'these observations are cited with approval in ilr (1951) nag 563 at p. 583: (air 1951 nag 94 at p. 100) (supra) by hidayatullah j., and the principle laid down therein is also accepted by mudholkar j. on p. 637 of the report ( .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1955CriLJ476
..... of orders made by the district magistrate of morena for action prejudicial to the maintenance of public order under section 3(1) (a) (ii), preventive detention act, 1950. with the exception of the petitioner udaybhan singh, all other applicants were arrested on 27-11-53, and the grounds of detention were served on each ..... fc 140 (c)it has been enacted so as to avoid superfluity of the language in statute where it is possible to do so.there is no 'territorial extent' clause in the general clauses act, 1897. its application is primarily with reference to central acts or regulations and not with ..... acts or regulations in force in part b states. the general clauses act, 1897 when it was enacted did not create any new legislation. it has been enactedto shorten the language of statutory enactments and to provide for uniformity of expression in cases where there is identity of subject- matter.as the federal court said in 'hayarappan v. madhavi amraa' air 1950 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1954CriLJ1739
..... must be treated as being under article 228 of the constitution rather than under section 432, criminal p. o. in a. b. lagu v. state of madhya bharat air 1950 madh. b. 81 (a) this high court has expressed the view that 'the object of this article 228 is to make the high court the sole interpreter of the ..... sets two limitations on the legislative authority; one, that no person shall be convicted of any offence, if there was no law in force at the time of the commission of offence which made the act an offence. in other words, it prohibits the creation of a new offence, the punishment of which may be prescribed with retrospective effect. ..... cases are concerning offences alleged to have been committed before the coming into force of the criminal law amendment act; that the trial of such cases under the act will amount to law being retrospectively applied to them; that section 6 of the prevention of corruption act (act 2 of 1947) offends against article 14 of the constitution and that section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1955CriLJ157
..... arose for consideration and decision by shri tribeni saran, additional judicial commissioner of this court in - 'bharat pictures v. state of bhopal', misc. civil appln. no. 9 of 1950, d/- 17-2-1951 (bhopal) (a), and the question has been very elaborately discussed with reference to the provisions of all the relevants laws, at pages 11 to 23 ..... law until repealed by an order of his highness the nawab published in the bhopal gazette.(b) the indian independence act, 1947, came into force on 15-8-1947 and under section 2 of the act, two dominions were constituted, namely, india and pakistan, of the territories formerly known as the british india, but under sub-section (4) of the ..... but upon the judgment of the governor-general that immediate action was necessary.in 'u lun v. u chit hlaing' air 1941 rang 49 i'c), while dealing with the provisions of section 42, government of burma act, 1935, it has been held that-where therefore an ordinance issued is expressed to be under the powers conferred by .....
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