Court : Madhya Pradesh
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. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ670
..... & therein be candidly admitted that he did not receive any order or direction from the govt. under section 11 of the said act. the notification published in the gazette of 30.4.1949 was the only thing that was in his mind when ho passed the above mentioned order.13. ..... that the subas gird must have passed an order prohibiting dr. parchure from entering the dist. gird under some order or direction of the govt. passed under section 11, maintenance of public order act but my difficulty is increased by the fact that mr. parab, the then subba dist. gird was produced in the trial ct. as a prosecution witness ..... in the gazette is something different from an order or a direction to the subas & is also not in substantial compliance with the requirements prescribed in section 11, maintenance of public order act. what is required is only an order or direction to the subas not a notification to the public about delegation of powers. i could have .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1952CriLJ683
..... of public order and the security of the stats, it is necessary to make the following order:now, therefore, in exercise of the power conferred by sub-section (1) of section (3), preventive detention act, 1950 (no. iv of 1950), the chief commissioner hereby directs that the said whitely be detained for one year from the date of this order.dated 7th ..... march, 1950. chief commissioner,bhopal.it is urged that sub-section (1) of section 3 of the act contains two clauses (a) and (b) and clause (a) again contains three sub-clauses and it is not dear under which clause or sub-clause the ..... the latter part of the order is that it should have stated that the order was passed under sub-clause (ii) of clause (a) of sub-section (1) of section 3, of the act and the fact that this was omitted does not indicate any carelessness on the part of the detaining authority. if at all it indicates anything it may be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ41
..... separately passed. the fact that the suba was not aware of it cannot displace the presumption which arises in favour of the existence of such an order under section 114 of the evidence act. the presumption is not displaced merely because the accused chose to question the existence of the order.27. i may state that mr. shiv dayal, deputy ..... then suba of district gird gwalior was examined as a witness and he admitted that he did not receive any order or direction from the government under section 11 of the said act. he further added that the notification published in the gazette of 30.4.1949 was the only thing which he had in his mind when he passed ..... had by order directed that all the powers and duties conferred or imposed on it under the maintenance of public order act except the power of imposing collective fines under section 6 and the powers under section 10 of the act shall be exercised by the subas in their respective districts. it was contended on behalf of the respondents that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ692
..... common object of the persons composing that, assembly is to commit any of the acts enumerated in section 141, penal code. every member of such assembly is guilty of the offence committed in prosecution of the common object. this constructive liability is fastened on the ..... also.2. the facts of the prosecution story are that the district magistrate, bhopal, had banned the holding of meetings and taking out of processions under section 15, bhopal public safety act, and yet in contravention of the order passed by the district magistrate, the three accused, along with others, took out a procession on 21.12.1948 ..... importance of the common object is very great and it is on this basis alone that an accused is punished for the act of his associates. it is desirable therefore, to look to the ingredients of section 149, penal code, somewhat closely.12. an assembly of 5 or more persons is designated an unlawful assembly, if the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
..... chargeability. the chargeability is left to arise by some other law, and that law is the previous state law referred to in section 13 of the finance act, 1950.'as to section 13 of the finance act, 1950, it was observed in the rajasthan high court decision that it kept alive the state law not only for the purpose of ..... the general words imposing the tax by reference to extraneous considerations such as the report of the indian states finance inquiry committee, or possible intention of the legislature gathered from other acts, and that section section 13 of the finance act, 1950, is perfectly intelligible if it is read as keeping alive the state law for the purposes of levy ..... 31st march, 1950, would be chargeable under the state law and not under the indian income-tax act. i am unable to agree with this reading of section 13 of the finance act, 1950. to my mind, section 13 of the finance act preserves the operation of the state law imposing income-tax, super-tax or tax on profits of business .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1956CriLJ233
..... question of fact and can be proved like any other fact and that handwriting, in addition of usual methods of proof can be proved by circumstantial evidence under section 67, evidence act which prescribes no particular kind of proof. recently the aforesaid calcutta case appears to have been followed in - 'gover-dhan das y. ahmadi begam' air 1953 ..... hyd 181 (f) by palnitkar and deshpande jj. although the report mentions - 'ashutosh v, nalinakshya' air 1937 cal 467 (g).32. section 3, evidence act gives the definition of the term 'proved' as follows:a fact is said to be proved when, after considering the matters before it the court either believes it to ..... any criminal case. these cases proceed on, what is considered to-be, a specific and special provision contained in the definition of the term 'proved' in section 3, evidence act. it is held in these cases that the principles applied in some of the english decisions in such cases cannot be resorted to.58. the other line .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1956CriLJ1327
..... name was included in the two lists. the high court thought that to constitute the offence of personation under section 171d, penal code, it is necessary to prove that the accused in doing the act with which he-' is charged was actuated by a corrupt motive.6. that is the only case on the ..... and enquiries act act 39 of 1920. the chapter consists of nine sections the first section 171a defines 'candidate' and 'electoral right'. section 171b defines the offence of 'bribery'; section 171c that of 'undue influence at elections' and section 171d that of personation at elections. section 171e, then prescribes punishment for bribery and section 171f deals with election. section 171g deals ..... bench of the high court (beasley c. j. and pandalai j.) this section of the indian penal code corresponds to section 24 of the english ballot act 35 and 36, vic., chap. xxxiii. the two sections were compared and an english decision on that section, 'stepney case, isaacson v. duranf 1886 17 qbd 54 (p), was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1957)ILLJ76MP
..... have, its usual seat.on 3 february 1955 the government published a notification in the gazette appointing sri kher to be 'a permanent industrial tribunal' under section 7 of act xiv of 1947. sri kher is a member of madhya bharat judicial service holding the substantive rank of a civil judge, first class. early in ..... to say specifically that the expression 'district judge' includes an additional district judge only shows that according to the definition of 'district judge' given in section 3(17), general clauses act, which, under article 367 applies for the interpretation of the constitution, an additional district judge is not included in the term of 'district judge.' ..... 'shall mean' and not the word' 'includes' or the words 'shall include.' the definition does not, like the definition of 'magistrate' given in section 3(32), general clauses act, say that a district judge shall include every person exercising all or any of the powers of a district judge. it is thus an exhaustive definition. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP54
..... restrict the fundamental rights of a citizen under article 19 unreasonably. the government can enable any of its subordinates including even a peon to act under the act barring a few exceptions. section 7 (1) necessarily has a bearing on the fundamental right to assemble peacefully and to move freely. although in the interest of general ..... a) and state v. motilal, 1953 madh-b lj 607: (air 1952 madh-b 114) (b). it was therefore contended that the said act and particularly section 7 of the said act was rendered ultra vires by reason of article 13 of the constitution as such! void. 9. the learned additional district magistrate considered it unnecessary to refer ..... indraganj, lashkar, for contravention of the order dated 20-10-1052 assued by t. s. powar, district magistrate, district gird gwalior, under section 7 (1) of the said act as also under section 143 of the indian penal code before the additional district magistrate lashkar who found them hot guilty and acquitted them. 2. this appeal is .....
Tag this Judgment!