Court : Mumbai
Decided on : Sep-20-1973
Reported in : (1974)76BOMLR191
..... of the said act,explanation.--for the purposes of this section, a judicial proceeding--(a) is said to be pending--(a) in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise,(b) in the case of a criminal proceeding under the code of criminal procedure, 1898 (5 of 1898), or any other law--(i) where it ..... alleged that these speeches are in the nature of contempt of court and action seems to be necessary against the respondents.5. after receiving such an application, the learned magistrate issued show cause notices. in response, both the respondents filed their say on affidavits. there is some similarity in the replies given by both the respondents. both have alleged that a part ..... is a case for the investigation of this court for taking action if considered necessary under the contempt of courts act. rule was granted by this court on february 8, 1973. when the rule came up for hearing yesterday shri b.a. desai, the learned counsel for respondent no. 2, raised a preliminary objection.7. the objection, briefly stated, is this ..... to his experience and competency. the speeches by the two respondents were delivered in hindi and they were verbatim taken down by shri shrivastava in shorthand. he then transcribed them into devnagari script and submitted the full text to the superior officer. as it was found that these speeches tend to interfere or tend to prejudice the course of .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-1973
Reported in : 1974CriLJ162; 1973MhLJ800
..... competent to make the complaint.10. in dealing with this question it would be necessary to take into account certain provisions of the code of criminal procedure, section 54 of the code empowers in the circumstances mentioned therein a police officer to arrest a person without an order from the magistrate and without a warrant. one of such cases is where a person is concerned in any ..... of the three accused was on the basis of a complaint made by shri r. k. karandikar, judicial magistrate, first class, akola on 12-8-1969 under section 476 read with section 195 of the code of criminal procedure. it arose out of criminal case against one deolal kisan under section 85(1)(2) and (3) of the bombay prohibition act. 2. one deolal kisan was arrested on ..... civil, revenue or criminal court is of opinion that it is expedient in the interest of justice that an enquiry should be made into any offence referred to in section 195, sub-section (i), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that court, such court may, after such preliminary inquiry, if any, as ..... it thinks necessary, record a finding to that effect and make a complaint thereof in writing signed by the presiding officer of the court, and has to forward the same to the magistrate of the first class having jurisdiction. section 476 read with section 195 of the criminal procedure code makes it clear that the offence which .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-19-1973
Reported in : [1975]45CompCas16(Bom)
..... court, esplanade, bombay, should be quashed and the complaint dismissed, or, in the alternative, the process issued by the learned magistrate be set aside and the complaint required to the disposed of the after holding an inquiry under section 202 of the criminal procedure code. the application of the company is opposed by respondent no. 1 mr. m. b. kadam, learned assistant government pleader, appearing for ..... . 2 to 5. he submitted that on the face of it the complaint disclosed no criminal offence under any section of the indian penal code under which process has been issued by the learned magistrate, viz., sections 420, 417 read with sections 34, 109 and 114 of the indian penal code because the allegations made in the complaint were wholly false and even assuming them to the ..... property, or (b) intentionally inducing that person to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.' 20. the allegations made in the complaint are not sufficient to show deception of the complainant ..... him. as desired by the company, a separate concern, viz., james laboratory, post bag. no. 10115, bombay-1, was started by the complainant. 6. standard vacuum oil co. was converted into esso standard eastern incorporated co., in or about march, 1962. in accordance with clause 13 of the agreement with standard vacuum oil co., the company was bound to reimburse the .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-29-1973
Reported in : (1974)76BOMLR270
..... of such witnesses as he might like to examine, or some of them before resorting to section 253, criminal procedure code. to appreciate these arguments, a scrutiny of the relevant provisions would be necessary.5. chapter xvi of the code of criminal procedure deals with complaints to magistrates. under section 200 a magistrate taking cognizance of an offence on complaint has at once to examine the complainant and the ..... and substantial test for determining whether several offences were so connected together as to form one transaction depends upon whether they are related together in point of purpose, or as cause and effect, or as principal and subsidiary acts so as to constitute one continuous action. one of the tests suggested is continuity of action and purpose. if ultimately on ..... statement on oath made by the complainant and the witnesses and the result of the investigation or inquiry, if any, under section 202, there is, in his judgment, no sufficient ground for proceeding. in such cases he has to record his reasons in brief for dismissing the complaint. the magistrate obviously, in the present ease, has not availed of these provisions. under ..... proceeding, he can issue a summons or a warrant taking into consideration the nature of the case. it would be clear from a comparative reading of these material sections from sections 200 to 204 that the first stage in a complaint filed by a private person for its dismissal is under section 203. a little earlier he has the option to return .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-02-1973
Reported in : AIR1975Bom143; (1974)76BOMLR455; 1974MhLJ698
..... act, the court though it fit to observe as follows:'but the question in that case was not whether the registrar is a 'court' within the meaning of section 195(2) of the code of criminal procedure.'we may also mention that it was argued before the supreme court in : 1969crilj1064 that the bombay decision in : air1964bom147 had been expressly overruled by the supreme ..... of (1) a place where justice was administrated, and (2) the person or persons who administer it. in the indian evidence act it is defined as including all judge and magistrates and all persons except arbitrators legally authorised to take evidence. this definition is by no means exhaustive and has been framed only for the purpose of the act. there can ..... appeal or not) is called upon to take action'.7. in brajnandan sinha v. jyoti narain, reported in : 1956crilj156 the question was whether a commissioner appointed under the public servants (inquiries) act (37 of 1950) was a court within the meaning of the contempt of courts act, 1952. in that case after referring to the authorities like coke on littleton and ..... (3) is similar in nature k to the provision contained o. 2, r. 2 of the code of civil procedure and it provides that any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such reliefs, but if he omits to claim all .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-09-1973
Reported in : (1974)76BOMLR422; 1974MhLJ686
..... ) :we hold, therefore, that the code of criminal procedure does not apply in. matters of contempt triable by the high court. the high court can deal with it summarily and adopt its own, procedure....as the high court has power to adopt its own procedure, it is free to adopt the procedure laid down in sections 87 and 88 of the criminal procedure code where the contemner remains absent from ..... . thereafter the petitioner filed civil application no. 1526 of 1973 praying for issue of proclamation against respondent no. 1 under the provisions of section 87 of the criminal procedure code and for attachment of the moveable and immoveable properties of respondent no. 1 and his respective share in them under the provisions of section 88 of the criminal procedure code. this application was admitted and rule was ordered to ..... be heard on august 9, 1973. on june 14, 1973 the petitioner was also directed to get notice of the application published in 'the times of india' and 'bombay samachar .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-1973
Reported in : (1974)76BOMLR475
..... bengal, and of the other two learned judges who agreed with him in this case. among them are the great codes of civil and of criminal procedure (acts viii. of 1859, xxiii. of 1861, and xxv. of 1861).by section 385 of the code of civil procedure, it is provided that 'this act shall not take effect in any part of the territories not subject to ..... deputy or assistant charity commissioner and may either annul, reverse, modify or confirm the said finding or order or may direct the deputy or assistant charity commissioner to make further inquiry or take such additional evidence as he may think necessary or he may himself take such additional evidence:provided that the charity commissioner shall not record or pass any order ..... . rizvi mr. pamlekar, however, says that after all they are also representing charity and the court may award whatever it thinks fit to the advocate general after taking that fact into consideration. it would appear that there are three original contesting- parties concerning the concerned temples. all the three matters are heard together. in the circumstances, therefore, i think that a ..... of the appellants and respondent no. 3, the trustees of the mumbadevi temple in both the courts and bear their own.51. civil applications? nos. 2818, 2819 and 2820 of 1973 do not survive. no order as to costs.52. cross-objections are dismissed with costs in favour of respondent no. 3, chairman of the mumbadevi temple.
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1973
Reported in : (1974)76BOMLR413
..... on january 4, 1971 and as indicated above till july 1971 charge was not framed. it is only in the month of july 1971, the stage indicated by section 255 of the code of criminal procedure was reached. after that the accused exercised his right in the month of september 1971. before that the prosecution which was fully aware of the right of the ..... a given case. different considerations would obviously arise when the accused does not exercise his right at all by filing the application at any stage of the trial before the magistrate under section 13(2). those are the eases where the accused cannot complain that his right has not been preserved. (see babulal v. state of gujarat : 1971crilj1075 and ajitprasad v. state ..... to send intimation to the public analyst of such refusal and thereupon the public analyst receiving a sample for analysis has to divide it into two parts and seal or fasten up one of those parts and cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the food inspector who has to retain ..... november 18, 1969 (unrep.).17. another decision of this court may also be referred to being rambharoselal bankelal v. the state of maharashtra (1973) criminal appeal no. 568 of 1972, decided by s.k. desai j., on september 24, 1973 (unrep.). after considering the three (supreme court decisions, the learned judge pointed out that:in ghisa ram's case the supreme court has .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-14-1973
Reported in : (1974)76BOMLR249
..... to commit an offence under section 5 of the prevention of corruption act will be a non-cognizable offence. after all, according to him if the p.s.i. wants to investigate, into a non-cognizable offence he cannot himself start investigating into it but under the provisions of the code of criminal procedure he has to seek the permission of the magistrate. if the offence, however ..... or upwards unless the state government or the chief presidency magistrate or the district magistrate empowered in ..... regard to such conspiracy. under section 196a of the criminal procedure code no court shall take cognizance of the offence of a criminal conspiracy punishable under section 120b of the indian penal code in a case where the object of conspiracy is to commit any non-cognizable offence or a cognizable offence not punishable with death, imprisonment for life or rigorous imprisonment for a term of two years .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-09-1973
Reported in : 1974CriLJ1075; 1974MhLJ164
..... himself not executed a bond as contemplated by section 499 (1) of the code of criminal procedure. the question arises on the following facts.2. proceedings under section 109 of the code of criminal procedure were started against one arjun son of lala in the court of the sub-divisional magistrate, ramtek. arjun, who was in custody had applied to the magistrate that he should be released on his personal ..... v to the code. the form, in so far as the requirements of the present case are concerned, excluding the unnecessary words, will read as follows:i ... being brought before the magistrate ... and required to give security for my attendance in his court ... do bind myself to attend at the court of the said magistrate on every day of the preliminary inquiry into the said ..... , ramtek, on every day of the preliminary inquiry into the offence charged against him and ... in case of his making default therein, i bind myself to forfeit to government the sum of rs. 500/-.4. now, under section 499 of the code a person in custody can be released on his own bond ..... charge ... and in case of my making default herein, i bound myself to forfeit to government ... the sum of rs. 500/-.so far as the surety is concerned, the form of the surety bond will read as follows:i hereby declare myself surety for the said arjun that he shall attend at the court of the sub-divisional magistrate .....
Tag this Judgment!