Court : Allahabad
Reported in : AIR1956All351; 1956CriLJ1383
..... lower or inferior court.similarly a district magistrate when exercising jurisdiction under the code cannot be said to be a superior or higher court than a magistrate first class exercising jurisdiction under section 247(1) of the municipalities act, or a court of session cannot be said to be a higher court than him.the high court is not created by the code; under the constitution it has powers of superintendence over all courts and tribunals ..... proceeding as contemplated by section 435.had the legislature intended that the revisional jurisdiction can be exercised by the high court even in a case governed not by the code but by some local or special act, it would have laid down that the record of any proceeding whether held in exercise of the jurisdiction conferred by the code or held in exercise of any special jurisdiction, can be called for and examined ..... municipalities act, are not mentioned anywhere in the code.among the powers which are conferred upon the first class magistrates or the district magistrate are the powers to appoint a village headman (under section 45(3)), to arrest a person who commits a crime in the presence of the magistrate (under section 64), to prohibit repetition or continuance of a public nuisance (under section 143), to pass orders to prevent danger to human life, health or safety, or a ..... in the bombay case an order made under rule 81 (2) of the defence of india rules requiring a person to let out a part of his house to another person was held ..... 1949 ..... 1949 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All241; 1956CriLJ452
..... be only partly vicarious in so far as every accused in such a case becomes an actual participant in the offence by making a personal contribution however small to the general result which is the sum-total of acts constituting the actual offence.the basis of the judgment of their lordships as observed by them later on is that 'the framing of a specific and distinct charge in respect of every distinct head of criminal liability ..... king-emperor , as limited to illegalities or to cases where the procedure adopted was one which the code positively prohibited and to cases which might have resulted in actual injustice to the accused.the above examination of the relevant provisions of the criminal procedure code indicates that the mention or non ..... and it was found that it did not satisfy the test.in a charge with the help of section 149 the liability that arises is for acts which may have been done by any of the other members of the unlawful assembly and not necessarily by the person concerned himself ..... further in a charge in pursuance of section 34 every individual accused is given notice of his participation in the offence and he is liable for the criminal act in which he himself participated in some form or the other.no doubt both sections 34 and 149 create a distinct head of criminal liability which has come to be known in law is ..... 1949 all 180 (g) it was held that:--'section 34 refers to cases in which several persons both intend to do and do an act ..... state of bombay : 1955crilj857 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All89
..... 233 (c), dealing with the power of the high court to interfere with the order of a subordinate court under article 226 of the constitution their lordships of the supreme court remarked that'both writs of prohibition and certiorari have for their object the restraining of inferior courts from exceeding their jurisdiction and they could be issued not merely to courts but to all authorities exercising judicial or quasi-judicial functions. ..... a candidate at the election.the argument of the petitioner is that the words 'at the election' means a candidate who was a participant in the poll as has been held by a division bench of this court and by the bombay high court.in view of the decisions, which i shall consider hereafter, it is contended by the petitioner that the words 'at the election' have acquired a settled meaning and the tribunal in considering these words contrary to these decided ..... paper was improperly rejected' were added by the amending act 7 of 1949 and it is urged that prior to the addition of these words, a person whose nomination paper had been rejected improperly, had no right to file a petition and yet it was never held that such a candidate should be given a right to file a petition;section 19 along with section 20 was also amended in the year 1949 and clause (c) was added to section 19 (1) of ..... the bombay and allahabad cases hold that this phrase confines the necessary parties under this section to those who were candidates for the actual poll, while the patna .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All40
..... committee before him as the material on the basis of which he could form his opinion.the consideration of such material for the exercise of his discretion by the vice-chancellor was not prohibited by any law and his order does not become invalid simply because he took the report of the enquiry committee into consideration. ..... extent necessary for maintaining discipline, this court should scrutinise the order passed by the vice-chancellor and examine whether the punishment awarded to the petitioner was appropriate for the act of indiscipline committed by the petitioner.the statute gives the discretion to the vice-chancellor to determine the nature of the punishment to be awarded and the severity of that punishment. ..... further held:'the preamble and the body of the sections sufficiently formulate the legislative policy and the ambit and character of the act is such that the details of that policy can only be worked out by delegating them to a subordinate authority within the framework ..... me impossible to say, where a chief officer of a force which is governed by discipline, as is a fire brigade, is exercising disciplinary authority over a member of the force, that he is acting either judicially or quasi-judicially, it seems to me that he is no more acting judicially or quasi-judicially than a schoolmaster who is exercising disciplinary powers over his pupils. ..... 23 of 1949) was considered by their lordships of the supreme court.section 3 of the act was held to be valid while section 7 ..... bombay .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All56; 1956CriLJ13
..... their demeanour the nature of their dispute with an employer, or the restrained character and the accurateness of the terminology used in notifying the public of the facts of the dispute, and which therefore prohibits any means used in the vicinity of a labour dispute to publicize the facts of the dispute, violates the constitutional guarantees of freedom of speech and of the press'.this decision by the supreme ..... constitution prohibits his being detained without being informed of the grounds for his arrest; if he is detained (without being informed of the grounds for his arrest), the detention is illegal being a prohibited act, and ..... , the section may be unconstitutional to that extent, but only to that extent; as regards is making it an offence for any person to intimidate another with intent to cause him to abstain from doing an act which he has a right to do, it admittedly does not infringe the guarantee, and is not unconstitutional.we are not concerned in the present proceedings with the truth of the allegation made against the applicant; we ..... or happens to be, or persistently follows him from place to place, or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof, or(b) loiters or does any similar act at or neat the place where a person carries on business, in such a way and with intent that any person may thereby be deterred from entering or approaching or dealing at such place, shall be punished with imprisonment ..... bombay .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All595
..... and control over the mills of the company which were its valuable assets and such taking of possession of property was entirely beyond the powers of the legislature.the petitioner urged that the provisions of the act amounted to deprivation of property of the share-holders as well as of the company within the meaning of article 31 of the constitution, and the restrictions imposed on the rights of the shareholders in respect to the shares held ..... . the suit out of which this appeal to the supreme court arose was decided by the high court of bombay during the pendency of chiranjit lal chowdhuri's petition (l) in the supreme court.the plaintiff in this case held preference shares in the company and he brought the suit, inter alia, on the ..... therefore, can come up to this court for enforcement of its fundamental rights and so may the individual shareholders to enforce their own; but it would not be open to an individual shareholder to complain of an act which affects the fundamental rights of the company except to the extent that it constitutes an infraction of his own rights as well ..... . article 15 which prohibits discrimination on the grounds of religion, race, caste, sex or place of birth, guarantees the ..... the issues of the amrita bazar patrika containing the results of 1949, popularly known as results supplement were supplied to the public considerably before the leader could make the result supplement available to the public, notwithstanding the fact that the board had imposed ..... .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All531; 1955CriLJ1310
..... great stress was laid on the spirit of section 6, prevention of corruption act and it was argued that it contemplates that when an offence is committed by a public servant, he cannot be prosecuted without a sanction merely because the prosecution is started at a time when his services are terminated.in other words it was contended that the application of section 6, prevention of corruption act is determined by the status of the offender not at the time when the prosecution is launched but ..... take cognizance of this criminal prosecution because the pre-requisite sanction necessary under section 6, prevention of corruption act has not been secured and filed by the prosecuting authority. ..... the verb 'is' in the above (section 6(1)(a), prevention of corruption act) refers to the date on which the court is called upon ..... another bench decision of the bombay high court, -- 'state of bombay v. ..... agreement with the view expressed in the allahabad and bombay decisions.10. ..... section 6, prevention of corruption act rung as follows :'(1) no court shall take cognizance of an offence punishable under section 161 or section 165, indian penal code ..... (2) of section 5 of this act, alleged to have been committed by a public servant, except with the previous sanction, (a) in the case of a person who is employed in connection with the affairs of the (union) and is not removable from his office ..... as assistant director, enforcement, by the president of india in the ministry of industry and commerce on 25-3-1949.2. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All501
..... in the circumstances of the present case i direct that a writ of prohibition shall issue to the district magistrate and the rent control and eviction officer forbidding them to enforce the former's order dated 18-9-53 and the latter's order ..... been functioning through the rent control and eviction officer and bearing in mind that the orders passed were administrative or executive orders, it cannot be said that the order passed by the magistrate on 6-4-1949, was without jurisdiction as by that order he was merely recalling a permission which had been granted at his instance. ..... , delivering the judgment of the full bench, remarked as follows : 'if the rent control and eviction officer had been acting independently and had passed final orders which are now revisable by the commissioner and then by the local government the district magistrate who has neither appellate nor revisional powers may not be ..... again be pointed out that in the full bench case cited above the hon'ble the chief justice has remarked that where the rent control and eviction officer has been acting independently different considerations arise and it is not possible for the district magistrate to interfere. ..... sri-vastava' : air1952all819 , where it was held that a district magistrate who had authorised the rent control and eviction officer to act for him could not rescind the order previously passed by the former. 19. ..... court had to interpret the term 'judicial or quasi-judicial' order in the case of -- 'province of bombay v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All423; 1955CriLJ1111
..... ready as follows-:whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, ..... that niranjan singh was in possession and prohibiting the other side from interfering with his ..... it was then contended that from the circumstances it will appear that sobh nath acted in a high-handed manner and, therefore, this court will not interfere with the order of acquittal ..... declaration in section 145(6) is itself of no assistance in preserving the peace; what is of assistance is the prohibition of all disturbance of the possession. ..... if that prohibition were not to be followed by a punitive action in case of disobedience, the prohibition would be in vain and the order would not have removed in the slightest degree the apprehension of a ..... itwas held that the proceedings under the legal practitioners act are quasi-criminal proceedings, and aperson disobeying an order passed by the districtjudge under section 36(4) of the legal practitioners actis liable to be punished under section 188, penal codeprovided he is ..... relied upon : air1948all50 and air 1949 cal 349 (i). ..... muldierjee' air 1949 cal 349 ..... in air 1949 cal 349 (i) it was held that section 188 ..... of 1949 srimati .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All275; 1955CriLJ754
..... the state went up in revision against the order of discharge and the learned sessions judge set aside this order of discharge holding that the provisions pf the prevention of corruption act (act 2 of 1947) did not repeal the general law as contained in the indian penal code and it was open to the prosecuting authorities to proceed against the applicant either ..... as follows : 'punishable must mean that the commission or omission of the act, the commission or omission of which is prohibited and renders the person who commit or omits it liable to the sanction of ..... lesser punishment can be inflicted upon him, and if it is not done he cannot raise the cry of discriminatory treatment.lastly, if it is held that it amounts to an act of discriminatory treatment, then it is not the general law which will stand ousted, but theprevention of corruption act will itself become' a piece of discriminatory legislation, because for the purpose of punishment if has created a classification, ' which is not based on any reasonable ground and it ..... the defence plea found favour with the trial court, who discharged the accused holding that the applicant should have been prosecuted under the prevention of corruption act 2 of 1947, and that the trial under the general law was, therefore, improper, on behalf of the state the matter was taken up in revision and the learned ..... was taken by a bench of the bombay high court in -- 'yashwant dhondba ..... the applicant were started in 1949 and the constitution came into .....
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