Court : Madhya Pradesh
Decided on : Oct-31-1949
Reported in : 1951CriLJ637
..... were recovered; of these, it is alleged, twenty-four were old. what it meant by old cartridges has not bean explained. the respondent was prosecuted under section 5, indore explosive substances act for being in possession of explosive substances without an explanation that he had them for a lawful object. the learned dist. mag. indore city convicted him under that ..... section & sentenced him to four months' rigorous imprisonment & a fine of rs. 100. on appeal the learned ses. j. acquitted him on the ground that the ..... hotel & believed that they might have be longed to pannalal. this fact cannot be expected to be proved. there can only be his word for it. a ct may act on the explanation of an accused if it believes it to be reasonbly true, see a.i.r. (20) 1933 p.c. 280 (sic) narayana v. emperor .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-14-1949
Reported in : AIR1950MP28; 1950CriLJ813
..... jurisdiction to entertain and dispose of such appeals, revisions and other cases, civil and criminal, as it may be empowered to do under this act. he also referred to section 32 of the act by which all court, civil and criminal, in the united state shall be subordinate to the high court and the high court shall have ..... those under which the writ of mandamus is issued in england. it was further held that patna high court does not possess any powers either under section 4, specific relief act or letters patent, to issue writs of mandamus similar to those possessed by the calcutta high court and the high court of bombay and madras. in ..... the authority constituting the court. if it is unlimited, there is no matter of which it cannot take cognizance. the jurisdiction conferred on this court by section 23, high court act is a limited jurisdiction and within the prescribed limits there is no enactment under which the application can be entertained. for this reason the application is rejected .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-09-1949
Reported in : AIR1950MP9; 1950CriLJ655
..... that an order for his release from custody be made as it was illegal and improper. immediately after the application had been made another communication under section 5 of the act stating the grounds of his detention was sent to the petitioner by the district magistrate. the grounds furnished this second time were couched in these terms: ..... some of his friends.3. these are the brief facts of the case. i may say at once that what purported to be grounds under section 5, maintenance of public order act and which were communicated to the petitioner on 24th march are no grounds at all. they are mere generalisations stating the effects which are likely ..... march 1949 the applicant was arrested by the deputy superintendent of police, indore city, by the order of the district magistrate, indore district, made under section 3(2), maintenance of public order act (vil [7] of 1949). on 24th march were communicated to the applicant the grounds on which the order had been made against him as required .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1949
Reported in : 1950CriLJ1345
..... shall be punishable with fine which may extend to ra. 50.the learned sessions judge came to the conclusion that since section 71, district municipalities act, was introduced into the act in the year 1939 it should be deemed by implication to repeal the order of the home minister promulgated in october 1920 ..... to convict the petitioners,4. the petitioners were prosecuted by the? police, under section 71, district municipalities act. and section 188, lndore penal code. the court could not have taken cognizance of an offence punishable under section 71, district municipalities act. except on the complaint of the president or any person authorised either generally or ..... could take action again-t the petitioners. the legal objection taken to the convictions under; section 71 of the act. therefore, prevails and the conviction of the petitioners under section 74 of the act is set aside. conviction under section 188, indora penal code, read with the notification referred to above also cannot stand. .....
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