Court : Madhya Pradesh
Reported in : 1952CriLJ887
Chaturvedi, J.1. This reference to the Full Bench arises from a Government appeal filed under Section 417 of the Criminal Procedure Code against an order of the Sessions Judge, Dhar, acquitting the respondents of the charges under Sections 304, 392 and 302, Indian Penal Code. The respondents were convicted under Section 304, part 2 and an appeal filed by them against their conviction was dismissed by a Division Bench of this Court on 5.12.1949. Rege J. delivering the judgment of the Division Bench concluded his judgment in para 11 in the following words:I would, therefore, maintain the conviction and dismiss the appeal. The learned Government Advocate made a strong plea for alteration of the conviction to one under Section 302 of the Penal Code. The Government has not filed an appeal from the acquittal under Section 302 although such an appeal would be within time, and in the circumstances, I would not think of altering the conviction though I agree, this Court has the power in a prope...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ1305
Kaul, C.J.1. This is an application purporting; to be made under Article 226 of the Constitution. The applicant Dayabhai Poonambhai Patel is a resident of Barwani. Prior to its integration with Madhya Bharat Barwani was an independent State governed by its Ruler styled His Highness the Maharana of Barwani. According to the applicant by an agreement dated 30-11-1947 His Highness the Maharana granted to him for the value of a consideration, a monopoly (sole right) for transport of passengers by motor buses within the State. One of the terms of the agreement was that no other buses or taxies except chose of the applicant would be allowed to ply on hire within (the State territory. That on 29-6-1948 the State of Barwani was merged in & became a part of the union of Madhya Bharat. This was effected in pursuance of a Covenant entered into on 22-4-1948 between the Ruler of Barwani & the Rulers of a number of other States in Central India This had the sanction of the then Govt. of India. The U...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ692
Radke, A.J.C.1. This is an appeal against the conviction of the appellants under Section 21, Bhopal Public Safety Act, and Sections 147, 332 and 333, Penal Code read with Section 149 of the Code, by the Addl. Sessions Judge, Bhopal, sentencing them to various terms of imprisonment, all of which are to run concurrently. One Pannalal, who has also been similarly convicted and sentenced, has filed a separate appeal No. 45 of 1951, and this judgment will decide his case 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, and were about to hold a meeting. While they were prevented from taking out the procession from the railway station to the city, they stopped at the level crossing. As they used force and...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
DIXIT, J. - This is an application by the petitioners styling themselves as the firm Messrs. Sarupchand Hukumchand of Indore, under Article 226 of the Constitution of India, for a writ of certiorari and a writ of prohibition or a writ of like nature or an order for quashing a provisional assessment of the tax payable by the firm for the assessment year 1950-51, made by the Income-tax Officer, Indore, under Section 23B of the Income-tax Act, 1922, and for restraining the opponents from enforcing the assessment order and a notice of demand dated 19th February, 1952, by which the applicants were directed to pay the amount of the tax, namely Rs. 2,58,154-8-0 on or before 29th February, 1952. The petitioners have also filed another application in these proceedings challenging the propriety and validity of an order said to have been made on 29th February, 1952, by the Income-tax Officer, ignoring an order of interim injunction issued by this Court on 29th February, 1952, prohibiting the Inco...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ1409
Dixit, J.1. This is an application under Article 226 of the Constitution of India for the issue of a suitable writ or a direction to the State of Madhya Bharat to forbear from acting in any manner by virtue of or under the Indian Arms Act, 1878 and for an order to the District Magistrate restraining him from enforcing a notice, directing the petitioner to deposit certain arms in his possession with the officer in charge of the police station in Laxmi Ganj Lashkar.2. The petitioner stated that he is in possession of two guns, two rifles and two revolvers; that he is the owner of these arms, which were duly registered under the Gwalior State Arms and Ammunition Control Order; that in anticipation of the extension of the Indian Arms Act to this State by the Part B States (Laws Act) 1951 (Act 3 of 1951) which came Into force on 1.4.1951, the Madhya Bharat Government issued a notification in the Gazette dated 25.3.1951 directing persons in possession of fire arms to apply for licenses in ac...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1955CriLJ157
ORDERSathaye J.C.(1) This is a reference Under Section 432(1), Cr.PC from the Subordinate Judge-Magistrate, 1st class, Bhopal. The question referred is: 'Whether the Bhopal Cattle Slaughter (Restrictions) Ordinance, 1949, is 'intra vires' of the Chief Commissioner, Bhopal?'(2) The question arose in a trial of four persons, the non-applicants, for an offence Under Section 10 of the Ordinance. The learned Magistrate is of the view that it is not 'intra vires' of the Chief Commissioner inasmuch as there is nothing in the Ordinance to indicate (a) that it was necessitated by any emergency, and (b) that it was made and promulgated for the peace and good Government of the Bhopal State or part thereof, as required Under Section 12, Bhopal Legislative Council Act, 1922, as amended by such Act (No. I of 1940), under which it was made and promulgated by the Chief Commissioner.(3) The Bhopal Cattle Slaughter (Restrictions) Ordinance, 1949, was promulgated by the Chief Commissioner, Bhopal, on 13-...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1957CriLJ184
Shinde, C.J.1. This revision has been referred to a Division Bench under Section 29, Madhya Bharat High Court of Judicature Act by a Single Bench. The facts out of which this revision arises are briefly as follows:2. On 5-2-1955 an offence under Section 161, I. P. C. and Section 5(2) read with Section 5(l)(b), Prevention of Corruption Act was registered. On 7-2-1955, the Deputy Superintendent of Police gave a direction to Inspector Saksena and Mr. Saksena applied to Additional District Magistrate, Indore for permission to investigate the case and arrest the accused. The permission was granted by Mr. Acharya and the investigation was conducted by Inspector Saksena.On 15-6-1955 sanction was obtained under Section 6 (c) of the Prevention Of Corruption Act and on 24-6-1955 a charge-sheet was submitted. On 2-8-1955 the accused sought an adjournment which was granted. On 18-8-1955 an application was moved on behalf of the accused to the effect that the Deputy Superintendent of Police was the...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP145
Nevaskar, J. 1. This is an appeal filed on behalf of the State of Madhya Bharat against the order of acquittal passed by the Sub-Divisional Magistrate Khilchipur.2. Accused Gokulchand s/o Bhawarlal resident of Mouja Miana was prosecuted for an offence under section 3 read with Section 7 of the Essential Supplies (Temporary Powers) Act, 1948 for transporting two cart-loads of Jwar from Miana from Sarangpur Tehsil to Jirapur in Khil-chipur Tehsil on 19-5-1954 and thereby contravening Notification No. 132/29/170 (50) dated 5-1-1951 published in the Madhya Bharat Government Gazette dated 13-1-1951, issued by the Government of Madhya Bharat in exercise of its powers delegated to it under Section 4 of the Act.3. The learned Magistrate found that the accused had brought two cart-loads of Jwar from his village Miana, to Jirapur. He however acquitted the accused mainly on two grounds. Firstly, he held that the written charge-sheet submitted by the Police for taking cognisance of the offence did...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP171
1. This is a Letters Patent Appeal against the order of Kotval J., in Miscellaneous Petition No. 466 of 1955.2. The appellant used to carry on business in the State of Nandgaon and did so during the years 1946-47, 1947-48 and 1948-49. At that time, the provisions of the Indian Income-tax Act, 1922, were applicable to the Nandgaon State on account of the extension of that Act to the State in the year 1942. The appellant was assessed to income-tax for the above years under the said act by three separate orders of the Income-tax Officer, dated respectively 29-12-1947, 9-1-1948 and 29-3-1949, and the tax was duly realised by the State authorities.The State merged with Madhya Pradesh with effect from ]st August 1949 by the State Merger (Governors' Provinces) Order, 1849, end by the Taxation Laws (Extension to Merged States and Amendment) Act 1949 (hereinafter referred to in the judgment as the Taxation Laws Act) the Indian Income-tax Act was extended to the State of Nandgaon with effect fro...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP33; 1958CriLJ181
Samvatsar, J.1. This revision application is filed by accused Haji Usman who has been convicted of anoffence under Section 46 (a) of the Ayat Niryat Kar Vidhan, Samvat 2006 read with Madhya Bharat Government Notification No. 7 dated 14th August, 1948 and sentenced to suffer imprisonment till rising of the Court and to pay a fine of Rs. 500/-. The facts giving rise to this petition are briefly stated as follows :2. On 2-11-1950 the petitioner despatched from his shop at Dewas 309 tins of groundnut seed oil for being exported to the then Bhopal State. The truck in which these tins were being carried was checked a little aheadof Daulatpur Custom Post in the territory of Madhya Bharat and as export of this oil from Madhya Bharat was then prohibited, the tins were seized and the accused-petitioner was prosecuted before the Sub-Divisional Magistrate First Class, Sonkatch.3. The accused denied having committed any offence but the learned Magistrate found Mm guilty and sentenced him to suffer ...
Tag this Judgment!