Court : Madhya Pradesh
Reported in : AIR1969MP190; 1969MPLJ237
..... additional chief presidency magistrate. sessions judge additional sessions judge and assistant sessions judge, but that definition, as the article itself shows, is for the purposes of chapter vi of part vi of the constitution of india. it can have no relevance for the purpose of interpreting the expression 'district judge' as occurring in the ..... court in state of mysore v. danjaya, air 1963 mys 157. similarly, a division bench of the madras high court in in re, palanisamy chettiar air 1957 mad 351, upheld the appointment of a district magistrate as an assistant sessions judge under the code of criminal procedure.8. it is true that in aurangabad ..... appointment would not be rendered invalid on that account alone. we may further observe that appointments of sanitary inspectorsas food inspectors under the prevention of food adulteration act, 1954, by official designation were upheld by jagan mohan reddy j. in public prosecutor v. narkidimili sriambhadrayya, air 1960 andh pra 282 and by a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ141
..... of certain persons by special court. section 8 deals with presumptions as to offences. chapter iii of the act deals with externment of a person. chapter likely to commit offences under the act. sections 11 to 13 of the act are ancillary provisions.9. section 14 of the act reads thus :'14. special court - for the purpose of providing for speedy trial, ..... considering the amplitude and significance of the expression 'trial' or 'try'.17. the supreme court, in the state of bihar v. ram naresh pandey and anr., air 1957 sc 389, had occasion to consider the meaning and significance of these words in the context of power of withdrawal of a case at committal stage under the provisions ..... proceed with trial under the code without being inhibited of section 193 of the code. the court also relied on the observations in state of bihar v. ramnaresh, air 1957 sc 389 where in the context of section 494 of the old code corresponding to section 321 of the code it was held that expressions, 'try' or 'tried .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(4)MPHT360; 2002(3)MPLJ504
..... from the ratio of the judgment section 100a will cover the appeals under section 96 of cpc or appeals under any other provisions of special act namely-- motor vehicles act, workmen's compensation act and other acts. thus, the ratio laid down in this case clearly indicates that after the appellate order of the single bench no further appeal in the ..... . in support of his contention counsel for appellant has referred to the judgment in the case of garikapati veeraya v. n. subbiah choudhry and ors. [(s) air 1957 sc 540] and submitted that right of appeal is a vested right and it can not be withdrawn by amendment. considering the scope of sections 109 and 110 of ..... the repealing clause in sub-section (4) of section 217, the apex court held that it has preserved the general application of section 6 of general clauses act. the act does not expressly or by necessary implication make the proviso to section 173 retrospective in operation.12. in the case of baddula lakshmaiah and ors. v. sri anjaneya .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP50; 1959CriLJ199
..... in bhopal.11. although with a view to check the summary and unrestricted jurisdiction of courts in treating contempt, the indian legislature has enacted 'the contempt of courts act (act no. 12 of 1926)', yet what constitutes 'contempt of court' has not been defined. in england the law has its roots in common law. blackstone in ..... virendar kumar v. state of punjab, (s) air 1956 sc 153, their lordships while considering whether proceedings under section 36 of the representation of the people act were before a court or not, observed :'while the proceedings before the election tribunal approximate in all essential matters to proceedings in civil courts, the proceedings under section ..... tribunal. in clause 2 of section 116a of the above act, it is laid down that 'the high court, shall, subject to the provisions of this act, have the same powers, jurisdiction and authority and follow the same procedure with respect to an appeal under the chapter as if the appeal were an appeal from an original .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993CriLJ2821
..... without reasonable delay'. the provisions of section 173 cr. p. c. will also help in deciding the point in controversy. section 173(1) reads: every investigation under this chapter shall be completed without unnecessary delay. sub-section (2) says that as soon as it is completed. the officer-in-charge of the police station shall forward to a ..... and carries much force, has been interpreted by supreme court as being done without avoidable and explicable delay. if the delay is explained then that is all air 1957 sc 28 : (1957 cri lj 10). term 'without delay' naturally carries leaser speed than the term 'forthwith' and so has to, be understood accordingly. duty is cast upon the ..... behalf, the magistrate should see to it that it is done.' 'the provisions contained in section 173(4) and section 207a(3) have been introduced by the amending act of 1955, in order to simplify the procedure in respect of inquiries leading up to a sessions trial, and at the same time, to safeguard the interests of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]102CompCas300(MP); 2000(3)MPLJ207
..... court on the provisions of article 226 conferring writ jurisdiction on the high court and distinguishing it from the ambit and contours of article 12 occurring in chapter iii of the constitution dealing with fundamental rights. it was accordingly propounded that article 226 was so much wider in scope as the amplitude of the language ..... be subject to the writ jurisdiction depending upon the nature of the action complained of and the obligation arising out of it, having its genesis in the act, rules and bye-laws framed thereunder.27. therefore, while agreeing with the reasoning of the writ court partly these appeals are allowed to the limited extent indicated ..... 13. it is also competent to make rules for giving effect to the objections of the act under section 30, pursuant whereto such rules stand already framed and are in force.19. these rules called 'the securities contracts (regulations) rules, 1957' prescribe the mode and method for a host of matters, including the form of application for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1974]94ITR243(MP); 1973MPLJ484
..... miscellaneous civil case no. 468 of 1971. these are two references under section 64 of the estate duty act, 1953, relating to the assessment of estate duty on the estate of one smt. ayodhyabai muchhal who died on september 10, 1957.2. the deceased was a partner in the firm of m/s. laxmichand muchhal holding one-fifth share ..... has to be satisfied in relation to what is truly given. possession and enjoyment which the donee must assume must necessarily vary according to the nature of the property. copyright cannot be possessed and enjoyed in the same manner as a bottle of champagne. as observed by barton j. in horsfall v. commissioner of taxes, 24 c.l. ..... evasion: vide comments at pages 10 and 409 of principles of statutory interpretation by singh j. the construction of statutes to prevent evasion has been dealt with in detail in chapter 6 of maxwell on the interpretation of statutes, twelfth edition, by p. st. j. langam, at page 137. the following extracts from the english decisions referred to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP29
..... or adopted to be used for the carriage of passangers for hire or reward and includes taxi-cab, a motor-cab, contract carriage and stage carriage'. chapter v of the act, captioned 'control of transport vehicles' prohibits vide section 66 the owner of a motor vehicle from using or permitting the use of the vehicle 'as a ..... also supported by the provision of appeal in section 20 vesting in the appellate authority the power and jurisdiction to appraise facts to test the legality of the seizure. chapter 6 of maxwell on interpretation of statutes deals with the topic 'construction to prevent evasion or abuse' and at p. 146 (12th edn.) is quoted lord macnaghten ..... with the question of vires. we are required to merely determine due exercise of the jurisdiction as contemplated under the act in these matters. in lilawati, air 1957 sc 521, in a case under bombay land acquisition act, the court held that high court's 'special jurisdiction' under article 226 of the constitution empowers it to determine .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP238; 1968CriLJ1561; 1968MPLJ489
..... and obtain, special leave to appeal against acquittal recorded in such cases. this, i may add, receives some support from the conclusions reached in udit narayan v. ramrup, air 1957 pat 687, raja ram v. ram achal. air 1962 all 6, and state of uttar pradesh v. maiku baldeo. air 1963 all 486. i would, therefore answer this ..... in a given statute the same words, are used in the same meaning in shamrao vishnu parulekar v. district magistrate, thana, 1956 scr 644 at p 649 = (air 1957 sc 23 at p. 26), the supreme court quoted with approval the following passage from maxwell's interpretation of statutes. 10th edition, page 522:'it is, at all events, ..... government advocate pointed out that the evidence of the analyst is admissible under section 25(3) of the drugs act, which runs as follows :''any document purporting to be a report signed by a government analyst under this chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1990)ILLJ583MP; 1988MPLJ640
..... jurisdiction, powers and authority' conferred on the administrative tribunal for the state by or under this act.' chapter iii deals with jurisdiction, powers and authority of tribunals and of that chapter, we propose to quote a portion of section 15(1) having primal relevance to the question mooted for our decision ..... england can be changed to relieve him of the operation of pleasure doctrine, or even of contractual obligation, by statutory provision. (see vine v. national dock labour board, (1957) a.c. 488, per lord keith at p. 507; francis v. municipal councillors, (1962) 3 all, e.r. 633). in india, on the other hand, ..... arrangments as in force for the time being with respect to redressal, otherwise than under this act, of any grievance in relation to such matters'.5. chapter ii of the act contemplates establishment of tribunals and benches thereof and of that chapter, section 4(2) provides for establishment of a state administrative tribunal 'to exercise the .....
Tag this Judgment!