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Bombay Children Act 1948 Maharashtra Section 11 Procedure In Appealable Summons Cases To Be Followed By Juvenile Courts And Magistrates Courts In Trials Of Children - Judgment Search Results

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Aug 10 1945 (PC)

Emperor Vs. Rustam Karanjia

Court: Mumbai

Reported in: AIR1946Bom115; (1945)47BOMLR986

the editor of the 'Blitz' under Section 27B of the Bombay Children Act, which runs thus:No report in any newspapers or only a report connected with any proceedings pending in a Children's Court and not in any other Court.9. In this connection, of the offence under Section 27B of the Bombay Children Act, and sentenced to a fine of Re. 1. filed a complaint against the editor of the 'Blitz' under Section 27B of the Bombay Children Act, which runs thus:No report hurt to her, under Section 324 of the Indian Penal Code read with Section 9 of the Bombay Children Act. He Divatia, J.1. This is an appeal by Government against the order of the Chief Presidency Magistrate the paper for publishing the report. On April 29 the notice given by the advocate was published verbatim in the paper on April 8. We, therefore, adjourned the hearing of this case, in order to enable the respondent to file an affidavit, second meaning is more appropriate here, where ' calculated' is followed by the word 'to', and that also seems to us report of these criminal proceedings being initiated in the police Courts was published in the Bombay Sentinel. There the name of the order of acquittal made by the learned Chief Presidency Magistrate, and convict the editor of the offence under Section 27B picture of any such child.4. The case came up for trial before the learned Chief Presidency Magistrate. He was of the

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Jun 18 1986 (HC)

Madhukar Kishanrao Choudhari Vs. Shri Suryakant Jog

Court: Mumbai

Reported in: (1986)88BOMLR709

order on the ground that the relevant provisions of the Bombay Children Act, 1948 were not brought to the notice of in accordance with the provisions laid down in the Bombay Children Act, 1948. We do not think (hat it is possible the ground that the relevant provisions of the Bombay Children Act, 1948 were not brought to the notice of the Court Bapnu Ghar under the provisions of the Bombay Children Act, 1948, either on the grounds given by the Court or on period exceeding 24 hours without an order of the Court.16. Section 79 deals with the power of the Court to pass detained at the 'Bapnu Ghar'. On this application, on April 11, 1986, the Court gave an interim direction that Rajashree should the offenders. Part VII deals with youthful offenders and the procedure to be adopted when they are brought before the Court. Constitution and may pass such interim orders regarding stay, injunction, appeal and other interim reliefs as he may deem fit. The days when the Division Court is not in session, issue notice or rule as the case may be in any matter girl, attains the age of 20 years, and in exceptional cases for a shorter period or to commit the child to relief on merits at the trial. The procedure to be followed was a remedial in nature. To-day the girl is major of the First Class, to exercise the powers vested in Juvenile Courts whether the said Courts are trying a case originally the First Class, to exercise the powers vested in Juvenile Courts whether the said Courts are trying a case originally or necessary arrangements, through the Civil Judge, Junior Division & Judicial Magistrate, First Class, Gangakhed, to invest the deposited amount in a entitle the petitioner to a relief on merits at the trial. The procedure to be followed was a remedial in nature.

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Jun 11 1941 (PC)

Emperor Vs. Chhotalal Bapalal

Court: Mumbai

Reported in: (1941)43BOMLR834

convict the accused under Section 128 of the City of Bombay Police Act, and sentence him to simple imprisonment until the is moreover in defiance of the spirit of the Bombay Children Act of 1936.7. The other point, which arises, is this. by the Commissioner of Police under Section 27(2A) of the Act. The accused admitted the making of the order, its service The third conviction, as I have said, was under two sections of the Indian Penal Code, Sub-section 457 and 380, that can be tried together under Section 235 of the Criminal Procedure Code; but the Magistrate is not bound to try them John Beaumont, Kt., C.J.1. This is an appeal by Government against the acquittal of the accused by the six months at least three instances have come to his notice in which the Commissioner has made an externment order on in which was not before the learned Magistrate. In that case the Court pointed out that, though it would be a Magistrates, and most externment orders do not come before the Courts. Moreover, this is the second case in this Court within the Legislature did not contemplate that the practice of some Magistrates of convicting accused persons on more than one count in try them together. He might pass separate orders in separate trials, although the offences arose out. of the same transaction. If

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Jul 28 1942 (PC)

Emperor Vs. Damodar Gopal

Court: Mumbai

Reported in: (1942)44BOMLR804

because I cannot help feeling that one object of the Bombay Children Act was to provide a special Court for the Juvenile Court or by a Presidency Magistrate.8. Reading the Bombay Children Act as a whole, I think, one must say that Rule 9 provides that 'all cases falling under the said Act shall be taken before, and dealt with by, the Juvenile may function side by side is to be found in Section 51, which provides that an appeal from an order made 15 of the Rules of 1936 provides for a special procedure, but rules may be altered from time to time, and exclusive in relation to children.9. We must, therefore, dismiss the appeal. 9 in the earlier rules. It is necessary also to notice other sections of the Bombay Children Act.5. Under Section 5 made certain rules, of which Rule 9 provides that 'all cases falling under the said Act shall be taken before, and the rest of the Act, I should say that the Juvenile Court, when established, was to have exclusive jurisdiction over cases jurisdiction on the Juvenile Court to the exclusion of other Courts named. But, so far as that section goes, it indicates that section the powers can be exercised by salaried Presidency Magistrates as well as by any Juvenile Court. The object of Children Act was to provide a special Court for the trial of a child, or a special procedure where there was

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Feb 11 1937 (PC)

In Re: Anandi Mahar

Court: Mumbai

Reported in: AIR1937Bom388; (1937)39BOMLR468

order made by the District Magistrate of Poona under the Bombay Children Act, 1924. It appears that the original applicant, who proceedings the Magistrate made an order directing that the three children should be placed under the care of Revd. Mother Superior section provides thatAny order passed under the provisions of this Act and not subject to appeal under Sub-section (1) may be any case, however, Sub-section (3) is in terms an enabling section and not a disabling section, and if it purports to brought to a District Magistrate, and it also provides thatNo appeal shall lie from any order passed in any such appeal.6. the High Court.The order sought to be revised in this case is the order of the District Magistrate made in appeal, appeal under Sub-section (1) may be revised by the High Court.The order sought to be revised in this case is the but the applicant appealed from that order to the District Magistrate. Whether a person, who alleges, but fails to prove, that the District Magistrate, and to restore the order of the trial Court.N.J. Wadia, J.8. I agree.

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Jul 27 1934 (PC)

Emperor Vs. Linganna Elanna

Court: Mumbai

Reported in: AIR1934Bom461; (1934)36BOMLR962

in a case dealt with under Section 27(1) of the Bombay Children Act, 1924, there is not, properly speaking, any conviction. a case dealt with under Section 27(1) of the Bombay Children Act, 1924, there is not, properly speaking, any conviction. Being case dealt with under Section 27(1) of the Bombay Children Act, 1924, there is not, properly speaking, any conviction. Being satisfied has been drawn to the proviso at the end of Section 27(1), which is curiously expressed, because it provides that 'nothing it was much the best course to adopt in the case of this boy. Our attention has been drawn to the that 'nothing in this section shall be construed as the court to deal with any case in any manner in which Being satisfied of the guilt of the boy, the learned Magistrate directed him to be sent to a certified school for

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Jul 27 1934 (PC)

Linganna Elanna Vs. Emperor

Court: Mumbai

Reported in: 153Ind.Cas.33

in a case dealt with under Section 27(1) of the Bombay Children Act, 1924, there is not, properly speaking, any conviction. apparently about seven, was brought before the Magistrate in the Children's Court on a charge of theft. The learned Magistrate was case dealt with under Section 27(1) of the Bombay Children Act, 1924, there is not, properly speaking, any conviction. Being satisfied it would be senseless to give new powers under a section, and then provide at the end that the new powers be construed as authorizing the Court to deal with any case in any manner in which it could not deal with about seven, was brought before the Magistrate in the Children's Court on a charge of theft. The learned Magistrate was satisfied Magistrate. That being so, I think the, order of the Magistrate was justified, and there is no occasion for us to

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Jun 08 1987 (HC)

Bengt Ingmar Eriksson Vs. Jamnibai Sukharya Dhangda

Court: Mumbai

Reported in: (1987)89BOMLR263

the girls to be destitute under Section 45 of the Bombay Children Act.5. Mrs. Rao, as constituted attorney of Bengt Ingmar during day time. The order also provided that if the children so desire they should be kept in Bombay for as hope and trust that the State Government, would take immediate action to carry out the directions in respect of maintenance of child as 'destitute' under the provisions of Bombay Children Act, 1948.2. Jamnibai is a resident of Village Chulane in Bassein Taluka forwarded to the Social Welfare Department of the Government of Maharashtra for necessary action and also to the Juvenile Courts in than that of charity or has no parent or guardian.... Section 44 prescribes that the Court before which a child is by the Swedish Court. Chapter 4 of 'Parenthood and Guardianship Code', which is the existing law in Sweden, deals with the of 1986 challenging the correctness of the order, but the appeal was dismissed with some variation by order dated April 29, Jamnibai in the mean-while on November 5, 1986 took out Notice of Motion No. 2554 of 1986 for adopting contempt proceedings and without visible means of subsistence. In large number of cases, which come before the Juvenile Court, the children are very restraining removal of the child from United States. The mother followed the child to England and the aunt filed proceedings in their place of abode. It is, therefore, absolutely necessary that Juvenile Court exercises jurisdiction with utmost care before declaring the child not possible to take any action under the Contempt of Courts Act against Mr. Eriksson for more than one reason. In transpired prior to passing of the order by the Juvenile Magistrate declaring both the girls; as destitute. The question as to the mother from removing the child from her custody. The trial Judge held on evidence that it would be disastrous to

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Sep 05 1990 (HC)

In Re: AlaIn Esteve

Court: Mumbai

Reported in: 1990(3)BomCR665; 1991CriLJ445

law corresponding to the Juvenile Justice Act, 1986. If the Bombay Children Act, 1948 is a corresponding law, then it stands Acts and discuss the question as to whether the Bombay Children Act, 1948 is a corresponding Act or not, I must under the two Acts is fully satisfied. The Bombay Children Act is a corresponding law within the meaning of the expression State the Bombay Children Act, being Act No. LXXX of 1948, was in force. Similar Acts were in force in other accept the said assurance solemnly given by the Government of Maharashtra through the highest law officer of the State and hope necessary for the reception of neglected juveniles under the Act. Section 9 of the said Act emphasised that every juvenile home v. The State of Kerala, : AIR1962SC922 . In para 11 of the judgment, the Hon'ble Mr. Justice Wanchoo speaking on of each State having its own Children's Act different in procedure and content from the Children's Act in other States, it procedure which may be followed by the competent authorities and appeals and revision therefrom. Chapter VI of the Central Act is 1. On 1st August, 1990 this Hon'ble Court issued a notice to the learned Advocate-General of Maharashtra seeking his assistance to custody of the child to the juvenile home in all cases. In other words, enough powers have been conferred on the juvenile. Ch. V deals with the procedure which may be followed by the competent authorities and appeals and revision therefrom. Chapter and child welfare. Thus, the, scheme for appointment of the Juvenile Welfare Board and Juvenile Welfare Board is a substituted scheme is reapealed may not be applied by any of the Courts due to inadvertence or otherwise.13. The learned Advocates for the communicate this order to all the Magistrates functioning as Juvenile Magistrates throughout the State as forthwith, so that the provisions of

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Feb 22 1974 (HC)

In Re: Rupsingh Devjia

Court: Madhya Pradesh

Reported in: 1975CriLJ500

the case by the special procedure...Such express provisions in the Bombay Children Act, 1924 which led to the above conclusion do the State Legislature to enact a measure tike the Madras Children Act (Act IV of 1920), The power of the Juvenile been brought into force.(2) The Women's and Children's Institution (Licensing) Act 1956 (Central Act No. 105 of 1956) shall not apply were later an removed while enacting the Bombay Children Act, 1948 (No. LXXI of 1948). The relevant provisions of the Bombay Court , in this connection held as follows:This juxtaposition of Section 1(2), Criminal Procedure Code, and Section 6, Criminal Procedure Code, separately by a court having jurisdiction to try the offence.Section 11. 'A Juvenile Court and in a case in which a be, the procedure laid down in the Code of Criminal Procedure, 1898 (Central Act No. 5 of 1898), for trials in to be found in Section 51, which provides that an appeal from an order made by a Court under various sections 1898 (Central Act No. 5 of 1898), for trials in summons cases.(2) Save as otherwise expressly provided by or under this according to the procedure relating to- the trial of summons cases under the Code of Criminal Procedure, 1898. by the Magistrates. Act or the rules made thereunder, the procedure to be followed in the trial of cases and the conduct of proceedings he held as follows--By Section 9, Bombay Children Act, a Juvenile Court is the only Court competent to try cases in that the rules provide for the sittings of the Juvenile Courts in such a manner that the ordinary courts but in of the Children's Court is not exclusive; the other Presidency Magistrates can try cases in which children are concerned. I reach the Act, is, as far as may be that for trials in summons cases as laid down in the Code of

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