Court : Madhya Pradesh
Decided on : Mar-15-1956
Reported in : (1957)ILLJ76MP
Dixit, J.1. This is a petition under Article 226 of (sic) Constitution Praying that a writ of issue of a (sic) in the nature of quo warranto against (sic) non-applicant Sri K.B. Kher to show (sic) cause as to by what authority he is func- (sic) as a tribunal under Section 7 of the Industrial Disputes Act, 1947 (Act XIV of 1947). And is exercising and performing the powers, duties and functions of a tribunal under the Act, and for the issue of a writ of certiorari for quashing proceedings before Mr. Kher in respect of an industrial dispute between the petitioner and J.B. Mangharam Biscuit Factory Labour Union, Gwalior, as also the proceedings commenced against the petitioner under Section 63A of the Act.2. The facts which give rise to this petition are not in controversy and may be shortly stated. The Industrial Disputes Act, 1947, provides by Section 7 for the establishment of industrial tribunals. The relevant portion of that section is as follows:1. The appropriate Government may con...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-29-1956
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
Decided on : Oct-23-1956
Reported in : 1957CriLJ189
Nevaskar, J.1. The only question involved In this appeal is whether the Prevention of Corruption Act No. II of 1947 was the law in force within the limits of Railway lands at Mandsaur during the period from November 1947 to May 1948.2. The facts material for the purpose of this appeal are as follows:Accused Mohanlal Motilal Paul, who was formerly employed as Sub-Permanent Way Inspector Western Railways Mandsaur was prosecuted along with one J. D. Bhatt for offences under Sections 6(2) read with Section 5 (1) (c) and (d) of Act No. II of 1947 referred to above and also under Section 420 read with Section 129(b) I.P.C. before the Special Judge Ratlam. After the preliminary inquiry Bhatt was discharged and a charge was framed against Mohanlal under Section 5(2) read with Section 5(1)(c) and (d) of the aforesaid Act No. II of 1947.The trial then proceeded. Practically at the close of the trial by Notification No. 159(5) J. 480-4/ 52 dated 27-7-1953 published in the Madhya Bharat Government...
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