Court : Mumbai
Reported in : AIR1927Bom440; (1927)29BOMLR742
..... 532 has laid stress upon the words 'upon information received from any person other than a police-officer ' in clause (c) of section 190, and says that the criminal procedure code obviously contemplates the possibility of information other than a formal report under section 173 being received by a magistrate from the police, and that the legislature did not intend that the magistrate though empowered to take cognizance on information from any other ..... before the amendment of section 200 by clause (aa), it might have been necessary to examine the police-officer if his report in regard to a non-cognizable offence was treated as a complaint, but under the present section 200, clause (aa), the examination of the police-officer who is a public servant acting or purporting to act in the discharge of his ..... case, the police officer, as a matter of fact, had filed a formal complaint of a non-cognizable offence, and he was ordered by the magistrate under section 250 to pay compensation to the accused, and it was argued that the definition of complaint in section 4(h) excluded a police report and that when a police-officer brought any facts to the knowledge of a magistrate, he was a really making a police-report and was not making a complaint, and therefore section 250 was ..... the sub-inspector had, under the bombay district police act and the rules thereunder, power to investigate the alleged misconduct of his subordinate that had been brought to his notice; in fact he was the officer who .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom233; (1941)43BOMLR114
..... hindu wills act of 1870, which applied to the territories under the lieutenant-governor of bengal and the cities of bombay and madras, no doubt mentioned jains as well as hindus as being governed by certain sections of the succession act of 1865, but the indian succession act of 1925 was a consolidating act which repealed the previous act of 1865 as well as the hindu wills act of 1870. ..... taking the second point first, he has urged that jains are not hindus and the legislature has not expressly included them in this act as it did in another act passed in the same year, namely, the indian succession (amendment) act (xviii of 1929), by which section 57 of the indian succession act of 1925 was enlarged by the addition of the new clause making it applicable to all wills and codicils made by any hindu, buddhist, sikh or jain after january 1, ..... it is, however, contended on behalf of the appellant that even if the act applies, the position of the father's sister is saved by the provisions of section 3, clause (a), of the act, according to which the act is not to affect any special family or local custom having the force of ..... most remarkable of those are the mayukha for the maharashtra and the west, the smriti chandrika for the south of india, the ratnakar and chintamani for mithila. ..... the prevalent law in the maharashtra at that time was based on the mitakshara, but thereafter the mayukha also came to be consulted by the shastris on points on which they could not get sufficient light from the .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR702
..... before a magistrate under section 128 of the city of bombay police act, (that is the section by which breaches of orders under section 27 are made punishable), it is, in our judgment, incumbent upon the magistrate to be satisfied, first, that the accused was informed by the commissioner of the charge, against him with sufficient particularity to enable him to answer the charge, and that he was given an opportunity of so answering; and, secondly, that there was material before the commissioner of police on which he could ..... it is clear from these authorities and it is conceded that prior to the amendment of the bombay city police act by act xiv of 1938 the order of the police commissioner was not subject to revision by the ..... ambedkar's argument is that the amendments to which i have drawn attention have the effect of constituting the commissioner of police a court for the purposes of section 27, so that when he makes an order under that section he is no longer merely an executive officer but a court subordinate to the high court whose proceedings are subject ..... whereas the original provision dealt with the movements and designs of gangs or bodies of persons, the clause as amended provides that the movements or acts of any person may be regulated as provided in case it shall appear to the commissioner that they are causing or calculated to cause alarm, danger ..... contended, however, on behalf of the applicant here that the changes made by that amending act have altered this position. .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR555
..... thereof to cause unlawfully and maliciously explosions of a nature likely to endanger life or cause serious injury jo property in british india, and by making and supplying those containers, which were adapted for causing or aiding in causing an explosion with an explosive substance, they intentionally aided and abetted the commission of offences punishable under sections 3 and 4(a) of the act, which were committed at the ghee kanta police chowkey on december 1, 1942, at the ellis bridge police chowkey on november 6, 1942, and at the rangila police chowkey on november 22, 1942 ..... it is now urged that the whole trial having proceeded on an illegal charge its amendment at the conclusion of the trial, just before the opinions of the assessors were taken, cannot cure the defect or make the trial legal. ..... a trial which has proceeded on an improper charge framed in contravention of the mandatory provisions of the criminal procedure code cannot be rendered legal by a subsequent amendment of the charge at a late stage.8. ..... we must, therefore, hold that the charges of the abetment of one offence under section 3 of the act and two offences under section 4(a) of the act could not be combined under section 234(2) of the code as they were not offences of the same kind, nor could the offence under section 4(b) of the act be combined with them under section 235(1) of the code as they did not constitute one transaction. .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR591
..... opinion, the emergency on the happening of which an ordinance can be promulgated is separate and distinct from and must not be confused with the emergency which occasioned the passing of the act, and the clear effect of the words of the act on section 72 is that ordinances promulgated under that sub-section during the period specified in section 3 of the act are subject to no time limit as regards their existence and validity, unless imposed by the ordinances themselves, or other amending or repealing legislation, whether by ordinance or otherwise. ..... defence of india rules in this case dealt with federal subjects only, the question of the effect of the saving provisions under section 102(4) did not arise and the only point on saving provisions which had to be considered was the sufficiency (which was not really contested) of the provisions inserted into sub-section (4) of section 1 of the defence of india aet, 1939, by ordinance xii of 1946, to authorise the continuation after september 30, 1946, of the proceedings ..... also, as soon as the charges were framed, the appellants applied to the high court of bombay in, revision and the high court dealt with both appeals together and gave a certificate under section 205(1) in this case also. ..... a complaint was made on august 27, 1946, before the presidency magistrate, 6th additional court, bombay, in which the facts alleged were that the appellants had sold or abetted the sale of 81 yards of velveteen, imported cloth, at the rate .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR500
..... inso far asit concerns a returned candidate, has been materially affected -x x x x x(ii) by any corrupt practice committed in the interests of thereturned candidate by a person other than that candidate or his electionagnt or a person acting with the consent of such candidat or electiona agent; or(iii) by the improper reception, refusal or, rejection of any vote or the reception of any vote wich is void; or(iv) by any non-compliance with the provisions of the ..... to that section which says in this section the expression agent includes an election aent a poling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidae this is an inclusive definition and not an exhaustive one and ..... the maratha dated 3-2-1957 headed 'traitor's front - front of the people trying to cause split in the samyukta maharashtra samity and that statement seems to be from the colums in the maratha containing comments on current events entitled 'sword and shield' 'dhal talwar' and the passage objected to is: 'really this united front of (blessings) of s. k ..... . hendre started efforts that samiti should nominate him from anywhere in bombay or elswhere he wanted a seat to contest; when no seat was ..... act was passed in 1951 and it was amended in 1956 ..... . febuary and march 1957 was about 40,000 copies per day the pictures published in that paper as well as in the posters issued by the communist party contain pictures of gujarti victims of police firing who .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP146
..... in that case it was contended that sections 5(1) and 6 (4) (a) of the bombay land requisition act, 1948, (bombay act 33 of 1948), as amended by bombay act ii of 1950 and bombay act 39 of 1930, were ultra vires articles 19(1)(f) and 31(2) of the constitution. ..... state of bombay (now maharashtra), decided on 8-8-1960 ; (air 1960 sc 1203), wherein, in spite of the observations of their lordships that the impugned act (the land acquisition act) was saved from the operation of article 31(2) by article 31 (5) (a) as an existing law, their lordships further observed that the attack on that act under article 19(1)(f) was equally futile in view of the decision of that court in bhanji munji's, case, (s) air 1955 sc 41 (supra), and lilavati bai v. ..... this is how the view is summed up :'if the interpretation sought to be placed pa article 31(1) was accepted, it would compel the importation of the entire doctrine of police power and grafting it in article 31(1) or the recognition of arbitrary power in the legislature with the hope or consolation suggested that our parliament and legislatures may be trusted not to act arbitrarily. ..... their lordships also repelled the contention that article 31(1) dealt with police powers, that without the existence of such power it was not possible to usher in a welfare state and that so far as the rights to property were concerned the legislature could be trusted to respect those rights.17. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC821; [1962]Supp2SCR411
..... - * * * (1a) where a tenant to whom subsections (1) and (2) of section 10a do not apply, has, after the commencement of the bombay tenancy and agricultural lands (amendment) act, 1955, paid in respect of the land held by him as tenant land revenue and other cesses referred to in sub-section (1) of that section, on account of the failure of the landlord to pay the same, a sum equal to the total amount so paid by the tenant until the date of the determination of the purchase price shall be deducted from the aggregate of the ..... in these 13 writ petitions arises a common question of law, namely, the constitutional validity of some of the provisions of the bombay land tenure abolition laws (amendment) act, 1958 (bombay act lvii of 1958) and in particular, of the provisions contained in sections 3 and 4 read with section 6 thereof. ..... 31a has no application and cannot save the impugned act, 1958. 20. ..... the bombay taluqdari tenure abolition act, 1949 (herein referred to as the abolition act) repealed the aforementioned taluqdari acts and s. ..... 14, 19(1)(f) and 31 thereof; and (3) article 31a does not save it. ..... 4 is right, then the impugned act would be saved by art. ..... 19(1)(f) of the constitution and was not saved by clause (5) thereof. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP151
..... the appellate court in a proper case to set aside that reservation and to order that the amendment shall take effect from the date of the presentation of the plaint ..... ilr 17 cal 580 (pc) considered the omission by one of the co-plaintiffs to sign the plaint as a merely formal error and not a serious defect which went to the root of the matter and which vitiated the whole institution of the suit to such an extent that the court must consider that the suit was not properlyinstituted ..... that the defect in the plaint in the present case was purely formal in nature and that on the plaint being signed by the plaintiffs, the amendment would date back to the date of the institution of the suit. ..... mad 369 the plaintiff had not signed the plaint, which was filed with his knowledge and consent, and the omission was not noticed till the case came up for hearing before the appellate ..... but it was observed by the learned judge that where while allowing the amendment or granting an opportunity to the plaintiff to cure the defect, the court reserves unto the defendant the right to plead the bar of [imitation, the plaintiff would have to meet that point ..... : (air 1915 cal 444) that an appellate court should not dismiss a suit on the ground only that the plalot was not duly signed and verified and that such a defect dose not affect the merits of the case or the jurisdiction of the court. ..... the appellate court held that section 22 of the limitation act could have no application to such ..... of port, bombay, air 1950 .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)64BOMLR560
..... sections 98a to 98d were introduced in the hyderabad tenancy and agricultural hands act, 1,950, by the amending act of 1957 (bombay act ..... sub-section (1) of section 98a provides that a permanent alienation or transfer of any land in contravention of any of the provisions of section 38d or of chapter v as it stood at the commencement of the hyderabad tenancy and agricultural lands (amendment) act, 1957, shall not be declared to he invalid merely on the ground of such contravention, if the alienee or transferee pays to the state government a certain amount ..... word 'occupancy' as given in the hyderabad laud revenue act, the revenue tribunal .have observed-and in our opinion rightly-thatoccupancy is a special kind of land tenure and signifies that the holder has a lawful title to the land which he is entitled to hold subject to the provisions of the land revenue act.on the moaning of the term 'transfer', the kevenue tribunal have referred to section 54 of the transfer of property act, which provides in terms that a contract for the ..... section 48, the collector is not to sanction a permanent alienation or transfer if thereby the area of the land held by the alienor or transferor falls short of a family holding or, on the other hand, the area of land held by the alienee or transferee, after the alienation or transfer, would exceed 2/3rds of the ceiling area determined under the maharashtra agricultural lands (ceiling on holdings) act, ..... went in revision to the maharashtra revenue tribunal. .....
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