Court : Madhya Pradesh
Reported in : 1952CriLJ683
..... is difficult to hold that they afforded the requisite reasonable satisfaction to the detaining authority that being as, the very essence of the order under section 3(1)(a)(ii), preventive detention act 1950, was, in my opinion, absent before the order impugned and the detenu is entitled to be released from his detention.29. i therefore ..... the security of the stats, it is necessary to make the following order:now, therefore, in exercise of the power conferred by sub-section (1) of section (3), preventive detention act, 1950 (no. iv of 1950), the chief commissioner hereby directs that the said whitely be detained for one year from the date of this order.dated 7th march ..... which was not even a high court could not be treated on a higher level, can be disposed of only by reference to section 6, judicial commissioners' courts (declaration of high courts) act, 1950 and by the pointed attention to the fact that articles 225 and 226 do not find place in the exceptions and modifications specified in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ1189
..... to cause the offender to be apprehended. as is clear from the wording of section 215, i.p.c. the burden of proving that the accused used all means in his power to cause the ..... . before concluding, it must be observed that the learned magistrate was not right in thinking that in a prosecution under section 215, it must be proved by the prosecution itself that the accused person did not use all means in his power ..... consideration is whether there is evidence to show that after the buffaloes had strayed, some person detained them by committing an act of criminal misappropriation. in my opinion, there is no such evidence. from the mere fact that the accused took godi ..... section says that the property for the recovery of which gratification has been taken or promised must be one of which the under has been deprived of by any offence punishable under the penal code. it is clear from this that the deprivation of the property is not confined to one resulting from an act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1956CriLJ231
..... her. the view that for a conviction for the offence of house trespass with intent to commit adultery, it is necessary to establish the ingredients of section 497, i.p.c., in regard to the intended act of sexual intercourse is fully supported by the decision of the allahabad high, court in 19 all 74 (a).the courts below have relied on ..... offence and that there was no evidence whatsoever to show that if the applicant had had sexual intercourse with parwati it' would have amounted to an offence of adultery under section 497, i.p.c. learned counsel placed reliance on - brij basi v. queen-empress 19 all 74 (a), and several other cases,3. in my opinion the contentions advanced by ..... of the house where parwati was living and entered a room where she was sleeping and that on the night of the occurrence parwati's husband who was in the army was on duty away from mhow. the applicant pleaded, and it has been found by both the courts below on the evidence on record, that the applicant was on terms .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP120
..... interest in land liable to ve.st in the state under the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (i of 1951), section 4(1) of that act is not attracted. however, as we have held earlier, the suit must fail because the transactions only amounted to executory contracts and ..... , collect and remove myrobalan from the forest in future amounted to an interest in immovable property and attracted section 6(1} of the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950, with the consequence that all transfers of such rights became void as from thedate of vesting. it was ..... barred by time under articles 2, 14 and 36 of the limitation act. moreover, the action of the deputy commissioner, who acted in good faith, was protected under section 87 of the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950. finally, it was pleaded that the damages claimed were exaggerated and could .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP103
..... writ of certiorari for calling up the conviction.their lordships held that a court-martial could not try the detenu because he had ceased to be governed by the army law and therefore the conviction was improper. the conviction was quashed, 'and the man was ordered to be released. the learned counsel for the appellant contends that ..... venkatachalam potti, 1955-2 scr 1196: ((s) air 1956 sc 246) (j). that case arose under the travancore taxation on income (investigation commission) act (act 14 of 1124). under that act an officer was making an inquiry into the income of the petitioner. the order appointing the officer and investing him with jurisdiction was passed by the investigation commission ..... moment i confine myself to the larger question only but in relation to the facts of this case.6. article 226 of the constitution was introduced in january 1950, and the first case to which i need refer is a decision of a full bench of the allahabad high court reported in maqbulnissa v. union of india .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP109
..... the effect of such a notice and its acceptance by the returning officer. the contending parties presented before us arguments on the question whether the provisions of section 37 of the act can be regarded as mandatory or merely directory. the learned counsel for the respondent contends, on the authority of nazir ahmad v. king emperor, air ..... his proposer, duly authorized in writing if the candidate does not find time to go and file the notice himself. it is for this purpose that section 37 of the act designates the persons who can file the notice of withdrawal of candidature before the returning officer. it would appear from this, therefore, that the term 'election ..... the contest and that the notice of withdrawal was wrongly accepted by the returning. officer inasmuch as it was not presented in accordance with the provisions of section 37 of the act. in the case which was tried by the tribunal, practically no evidence was led. the only witness examined was the returning officer, shri k.. m. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP326; (1959)ILLJ41MP
..... of the legality or otherwise of tile suspension order. 9. the respondent raised an objection that in view of the provisions of sections 31 and 32 of the bliopal and vindhya pradesh (courts) act 1950, this second appeal was incompetent. there is no force in this contention. it is sufficient to say that these provisions taken together ..... do not curtail the right of appeal conferred under the code of civil procedure. section 31 of the act only enlarges the grounds which can be ..... the acquittal in such cases is not one absolving completely the accused of all blame for the misconduct. the acquittal in such cases, if one may use the army expression, is not an 'honourable acquittal''. in such cases, in spite of the technical acquittal of the accused, there remains sufficient material and suspicion against him .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP144
..... was contended by the appellant that since the election commission accepted the receipt of deposit and did not dismiss the election petition under section 85 of the act, the tribunal should act on the rule of contemporary construction embodied in the maxim contemporanea expositio est optima et fortissima in lege, and accept the receipt ..... out the true meaning and importof the receipt of deposit. this request was, in ouropinion, rightly disallowed by the tribunal. theclear intendment of section 117 of the act is to makethe receipt itself a self-contained document whichshould ex facie show that the statutory requirementshave been fulfilled. that matter cannot ordinarilybe allowed ..... ratlam, dismissing his election petition in limine on the ground that it was not accompanied by a valid receipt of deposit as required by section 117 of the act.2. the appellant and the four respondents were contesting candidates for election to the house of the people from the mandsaur parliamentary constituency. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP226
..... we do not think that the tribunal was in error in refusing to try this issue because it did not fall squarely within the provisions of section 100 or section 123 of the representation of the people act, 10. vi. by the same order dated 8-10-1957, issues nos. 21 and 22 were said to be not triable. these issues ..... that this amounted to the publishing of a statement believed to be false or not believed to be true etc. and was a corrupt practice within section 123 of the representation of the people act. here again, we are not concerned with a false statement made by any person against any candidate but a false statement designed to better the ..... them was wrong. the tribunal had by its order dated 24th september 1957 ordered that these allegations should be struck off. a bare perusal of section 100 of the representation of the people act clearly shows that corrupt practices committed with the consent of the returned candidate or his election agent or by any other person in the interests of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP119; (1960)IILLJ536MP; (1960)IILLJ536MP
..... ensure compliance with the provisions of article 311 of the constitution of india, and with the provisions of section 240(3) of the old government of india act, 1935 in respect of cases occurring before 26th january, 1950.' it will thus be seen that the said rules not only ensure a proper departmental enquiry against a ..... a strict compliance with the provisions of article 311(2) is absolutely necessary before the eivil servant is either dismissed or removed or reduced in rank. the army instructions also provide a similar safeguard against compulsory retirement. however, we are not concerned with that in the present case.when multiple charges are framed against ..... punj 42. it is, therefore, clear that as the language of article 311 indicates, the appellant is beyond the purview of the said article.7. however, army instructions (india), 1949, which would govern the appellant's case, provided for the same safeguards to civilians connected with the defence service. under instruction no. 212, .....
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