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 : 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 : 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...
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