Judgment Search Results Home > Cases Phrase: city sessions court act 1953 Page 2 of about 240,293 results (0.628 seconds)

Rewa Chand Vs. the State

Court : Rajasthan

Reported in : AIR1955Raj113; 1955CriLJ1106

..... he is being prosecuted for an offence under section 161, penal code read with section 4, prevention of corruption act in the court of the special judge (sessions judge), jaipur. ..... the prosecution witnesses were then cross-examined, and the public prosecutor made an application on 23-7-1953, that shri trilochan datt, who, as deputy custodian, had sanctioned the prosecution of the accused may be summoned as a witness for the prosecution. ..... percy henry burn cd)' and are of opinion that the lower court was right in summoning shri trilochan datt for the purpose of moving the sanction granted for the prosecution of the accused.8. ..... this is a revision by the accused against an order of the special judge, jaipur city, dated 7-8-1953.2. ..... this was the view taken by a single judge of this court in - 'premraj v. .....

Muhammad HussaIn Bhai and anr. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : (1960)IILLJ664MP

..... mill at ujjain, were in those complaints charged under three counts:(i) under section 406, indian penal code, for criminal breach of trust in respect of amounts deducted during the months, january, february and march 1953, from the wages of their employees as contribution to the employees' provident fund, which the accused employers retained themselves and failed to deposit into the fund (actually it is alleged that this is the position ..... revision filed before the learned additional sessions judge, ujjain, from his order, could have been treated as one for further inquiry; but he held that the city magistrate, ujjain, should have made a reference to the high court under section 432, criminal procedure ..... 76(a) and (c) of the scheme read with section 14 of the employees' provident funds act of 1952 ; thirdly, whether the notification sro/2035 of 20 october 1953, bringing the scheme into operation in september 1952, is itself invalid and inoperative as being repugnant to ..... city magistrate, ujjain city, has dismissed the complaints on the preliminary ground that the acts alleged did not amount to any offence as the scheme itself, though deemed to have come into force from september 1952 was brought into force retrospectively, by a notification made on 28 october 1953 ..... for example, if the act of non-payment into the fund of the contribution and the administrative charge was a non-recurring or non-continuing offence, then, unless committed after 28 october 1953, it would not be punishable .....

Shyama Charan Vs. State

Court : Allahabad

Reported in : AIR1955All81; 1955CriLJ261

..... magistrate to pass an order like the one complained of, the order could not be an executive order and it being an order passed by a magistrate in his capacity as a magistrate it must be deemed to be an order passed by a criminal court and, therefore, subject to the revisional powers of this court.it is true that for the validity of any executive order the authority passing the order must derive authority from some law but it does not necessarily follow that if an order is passed ..... city magistrate in his explanation to the sessions judge stated that he had passed the order complained of in his executive capacity and not as a court. ..... the learned sessions judge has made this reference to this court recommending that the order of the magistrate for the delivery of the child to jagannath be set aside and the child be ordered to be restored to the custody of shayama charan. ..... reference is -- 'in re howka ramalakshmi, 1 weir 348 (a)' the reference says:'but children are not property and the court cannot, under this section, pass orders regarding the custody of children. ..... shyama charan by the police for a temporary period and in view of his order dated 1-6-1953, shyama charan had no claim. ..... shyama charan applied to the city magistrate praying for the recall of the order expressing his failure to understand the law under which the order for the delivery of the child to jagannath was passed and also the fact that a minor's custody is governed by the provisions of the guardians and wards act. .....

Asoke Chakraborty Vs. the State

Court : Kolkata

Reported in : 1977CriLJ157

..... true, the ordinary original criminal jurisdiction of the high court which was limited to the presidency town of calcutta by letters patent establishing the high court has been abolished with the enactment of the west bengal city sessions court amendment act 33 of 1959 which had done away with the original criminal jurisdiction of the high court at calcutta. ..... on the ground that the city sessions court, calcutta had no jurisdiction to try the case-the incident having taken place on river hooghly.3. mr ..... the city sessions court would have no ..... has urged before us that the learned magistrate had failed to appreciate that under the code of criminal procedure, 1973 there was no extraordinary criminal jurisdiction of the high court for holding sessions trial and the present case being not that type of a rare case where operation of section 474. cr.p.c. ..... appears from the order dated 27-4-74 that the learned metropolitan magistrate committed the petitioner and another accused to the high court for trial in exercise of its extraordinary criminal jurisdiction as the case was exclusively triable by the court of session and as the occurrence had taken place inside a boat on the river hooghly. ..... on this question we have a decision of our high court reported in ilr (1953) 2 cal 150 where it was held that ordinarily a presidency magistrate (now designated as metropolitan magistrate) may commit a person for trial to the court of session or to the high court for any offence triable by such court. .....

Jamshed N. Guzdar Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2005SC862; 2005(3)BomCR139; JT2005(1)SC370; 2005(2)MhLj392; 2005(1)MPHT497; 2005MPLJ181(SC); (2005)2SCC591; 2005(2)LC812(SC)

..... was also a case where the petitioner before the high court of calcutta challenged the validity of the city civil court act, being west bengal act xxi of 1953, on the ground of legislative competence. ..... learned senior counsel appearing for bombay city civil & sessions court bar association, made submissions supporting the impugned judgment upholding the constitutional validity of 1987 act. ..... 2346/50 which reads:-'in exercise of the powers conferred by section 4 of the bombay city civil court act, 1948 (act xl of 1948) the government of bombay is pleased to invest with effect from and on the date of this notification, the city civil court with jurisdiction to receive, try and dispose of suits and other proceedings of a civil nature not exceeding twenty-five thousand rupees in the value and arising within the greater bombay subject however to ..... 1992, rule was issued and permission was given for intervention among others to the bombay bar association, bombay incorporated law society, the indian merchants' chamber and the bombay city civil and sessions court bar association. ..... 1955 under which the state legislature divested criminal jurisdiction of madras high court and vested it in the sessions court. ..... , the criminal jurisdiction of the high court was taken away and vested in the sessions court. ..... these two appeals are filed by bombay city civil and sessions court bar association and state of maharashtra respectively aggrieved by the second part of the judgment dated 29.4.1992 passed in writ .....

Akharbhai Nazarali Vs. Md. HussaIn Bhai

Court : Madhya Pradesh

Reported in : AIR1961MP37; 1961CriLJ266

..... secondly, whether the allegations in regard to non-payment of the contributions, and the non-submission of returns are continuing offences under paragraph 76(a) and (c) of the scheme, read with section 14 of the employees' provident fund act of 1952; thirdly, whether the notification sro/2035 of 20-10-1953, bringing the scheme into operation in september 1952, is itself invalid and inoperative as being repugnant to article 20 of the constitution. 6. ..... the most, that can be urged in regard to the scheme is that the penal provisions such as those contained in paragraph 76, may not, acts retrospectively, assuming, of course, that the offence alleged does not continue to be an offence after the coming into force of the penal provision. ..... sessions judge, ujjain, from this order, could have been treated as one for further inquiry; but he held that the city magistrate, ujjain should have made a reference to the high court under section 432, cr. p. ..... city magistrate, ujjain city, has dismissed the complaints on the preliminary ground that the acts alleged did not amount to any offence, as the scheme itself, though deemed to have come into force from september, 1952, was brought into force retrospectively, by a notification made on 28-10-1953. ..... here, for example, if the act of non-payment into the fund of the contribution and the administrative charge was a non-recurring or non-continuing offence, then, unless committed after the 28th october 1953, it would not be punishable under paragraph .....

The State Vs. Sadat Jahan Razvi

Court : Andhra Pradesh

Reported in : 1956CriLJ1199

..... the sessions court agreed with them regarding 4 articles, but differed in respect of the article published in the issue of 16-7-1953 and referred the case to this court for suitable orders under 8, 21(2) of the act. ..... words may have a tendency to produce the feelings of enmity or hatred between the different sections, they cannot be deemed to be objectionable matter within the meaning of this section.the invective against oppression, the denunciation of evil acts and the praise of right and truth with condemnation of communalism, and the statement that the prime minister disfavours communalism and the muslims should strengthen his hands to end it, means clearly that redress ..... the sessions court tried the complaint with the help of the 'jurors.the jurors gave their unanimous verdict that all the publications did not contain any objectionable matter ..... 8-12 of the judgment of the-sessions court. ..... it should be noted that though the word 'likely' is used in section 3(v) of the act, yet in the supreme court judgment emphasis is laid on the attending circumstances. ..... 318/6/1954-55 by the sessions judge, hyderabad & secunderabad, dated 21-6-1954 ..... it appears to us that under the wording of explanation 1 to section 3 of the act under consideration the impugned article is innocuous. ..... the facts alleged are that the commissioner of police, hyderabad city, lodged a complaint against mrs. ..... doubt the first judgment quotes the words of the learned chief justice of the patna high court in badri narain singh v. .....

Raj Kumar Mahto Vs. State of Bihar

Court : Patna

..... the applicant filed appeal to the sessions judge, begusarai which was allowed by 1st additional court for deciding it afresh in accordance with ..... applicant was, accordingly, tried by the sub-divisional judicial magistrate, begusarai under section 34 of bihar shops and establishment act, 1953, for violating the provisions of sections 12(i) and 33(i) and (ii) of the act. ..... learned counsel for the applicant contended that the appellate court was not legally justified in remanding the case to the trial court on the ground that the date of incident in the question put to the applicant under section 313, cr pc was different than the actual date of incident ..... for some reason the appellate court could have done it itself instead of remanding the trial court for the purpose.7. ..... revision is directed against the order dated 2nd september, 1986 of the 1st additional sessions judge, begusarai.2. ..... the order of the appellate court is set aside and it is directed to decide the appeal of the applicant afresh in accordance with law with in three months from the date of production of a certified copy of this order before ..... the order of the appellate court is wholly illegal and is liable to be set aside ..... his coming to the conclusion that the prosecution has succeeded in proving its case beyond reasonable doubt convicted the applicant under section 34 of the act and sentenced him with a fine of rs. ..... is relevant to point out here that no such grievance was made by the applicant before the appellate court. .....

Jagannath Hazarimal and ors. Vs. State of Bombay

Court : Mumbai

Reported in : AIR1963Bom83; (1962)64BOMLR150; 1963CriLJ745; ILR1962Bom252

..... the learned judge accepted the contention of the state that the claim in suit was governed by article 14 of the limitation act and that limitation began to run from the date of order of the additional sessions judge and therefore the suit ought to have been filed within one year from the data of that order. ..... the rights of the partners in respect of the property could not possibly be adjudicated upon by the learned additional session judge in making the order regarding disposal of the property under section 517 read with section 520 of the code of criminal ..... the reference to confiscation of the surety bond arose because the property which was released apparently by the sessions judge must have been released under a bond executed by the plaintiff hazarimal and hazarimal hadapplied on or about 26-7-1949 for permission to sell the property as it was ..... the sale proceeds of 1001 bags realised by the accused as suprutdar, if not already deposited in court, shall be new deposited by him, and shall also be treated on the basis of unclaimed property ..... the deputy commissioner replied to this notice on 31-1-1953 repudiating the claim of the plaintiffs, ft plaint was therefore filed by the plaintiffs claiming a declaration that 1001 bags of cotton seed in question belonged to the firm jagannath hajarimal and its partners and the sale ..... that order was passed on 26-6-1951 and the suit which was filed on 15-6-1953 was therefore held to be barred by limitation. 8. ..... the plaint was filed on 15-6-1953. 7. .....

Sarafudheen Vs. Bhaskaran

Court : Kerala

..... crl.r.p.no.1953 of 2010 -------------------------------------- dated this the 3rd day of december, 2014 order ---------- the revision petitioner is the accused in st.no.79/2007 on the files of the judicial first class magistrate court, alathur, as well as the appellant in crl.appeal.no.468/2008 on the file of the additional sessions court, palakkad ..... the learned magistrate found the revision petitioner guilty of the said offence and convicted thereunder, he was sentenced to undergo simple imprisonment for a period of 2 months for the offence under section 138 of the act, and directed to pay compensation of rs.1,50,000/- to pw1 being the cheque amount, and in default simple imprisonment crl.r.p.no.1953of 2010 2 for a further period of 3 months.2. ..... view of the rival contentions, the question to be considered is, whether there is any illegality or impropriety in any of the findings, whereby the court below convicted the revision petitioner for the offence under section 138 of the act, or whether there is any perversity in the appreciation of evidence from which those findings have arrived at.8. ..... but the court below has miserably failed to appreciate those documentary evidence, so as to arrive at a finding that the revision petitioner has succeeded to rebut the presumptions under section 138 of the act by preponderance of ..... prosecuted for the offence punishable under section 138 of the negotiable instruments act (for short "the act"), on a complaint filed by the 1st respondent herein. .....