Court : Madhya Pradesh
Decided on : Dec-19-1960
Reported in : AIR1961MP329
..... the accused. if those facts did afford reasonable and probable cause, then the prosecution would be justified and it would not as a rule be necessary for an inquiry to be made into the prosecutor's belief. the state of belief of the prosecutor goes to malice, but not as a rule to reasonable and probable cause ..... was with reasonable and probablecause and with the intention of carrying the lawinto effect and not with any malicious intention.on this finding the decision of the additionaldistrict judge was set aside and the judgment ofthe trial court dismissing the plaintiff's suit wasrestored.5. there is no dispute that the criminal proceedings which were initiated ..... take any action, approved the filing of criminal complaint against the culprits; and that in doing so he acted bona fide and in the interest of the municipal committee. the other defendant also raised a similar plea.4. the civil judge, class ii, khurai, who tried the suit found that the prosecution of the appellant was not without .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-23-1960
Reported in : AIR1961MP200
..... '. nor indeed does this duty or jurisdiction arise merely under the said section. it is inherent in the general jurisdiction of the courtto act rightly and fairly according to the circumstances towards all parties involved.'' further on, the learned judges constituting the division bench observed as follows :'section 144 of the civil procedure code doesnot create the right of restitution. it merely confers power ..... court passing the decree or the court to which the decree may be transferred for execution.' 12. the learned judges were, however, concerned with the question whether a restitution application would be governed by article 182 or 1.81 of the limitation act. ultimately, they came to the conclusion that a restitution application would be governed by article 181 of the limitation .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-06-1960
Reported in : AIR1960MP307; [1960(1)FLR326]; (1960)IILLJ543MP
..... own conception of what is reasonable, in all the circumstances of given case, it is inevitable that the social philosophy and the scale of values of judges participating in the decision should play an important part, and the limit to their interference with legislative judgment in such cases can only be dictated by ..... to requirement of the situation.21. for these reasons i, am not pursuaded to hold that the impugned provisions under section 25fff of the industrial disputes act violate the constitutional right guaranteed under article 19(1)(g) or involve unreasonable restriction not to the interest of general public upon that right.22. the ..... . the provision in section 25fff, according to the learned counsel, unduly and unreasonably restricts the fundamental right of the petitioner to close down the business. it acts as a damper not permissible by the constitutional guarantee under article 19(1)(g) of the constitution. the unreasonability of restriction arises, urged the learned counsel, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-07-1960
Reported in : AIR1961MP15
..... alive to the fact that the proceedings at the stage before order of adjudication was passed were confined to the inquiry into the alleged acts of insolvency under section 6 of the act. the learned additional district judge has nowhere recorded a finding that the transferees took the transfers without good faith. as regards consideration also he ..... dismissed with costs. shiv dayal, j. 13. this appeal arises out of an order of adjudication passed by the additional district judge, morena, under section 9 of the provincial insolvency act (hereinafter called the act) on a creditor's petition.firm shriram surajbhan made an application to the insolvency court for adjudicating gaya prasad and banshidhar, their ..... is made and that order cannot be made unless and until there is a finding that the debtor committed the alleged act of insolvency under section 6(b). 19. moreover, the scope of inquiry under section 6(b) is quite different from that under section 53. it is the intention and conduct of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-17-1960
Reported in : AIR1961MP223
..... were registered as miscellaneous civil applications nos. 48 and 49 of 1956. by the order, dated 13-7-1956, the trial court was directed to hold an inquiry into the allegations made in the affidavit about the illness of the plaintiff.after the receipt of the findings, the learned additional judicial commissioner finally dismissed the applications ..... , excluded the period between the correct date of the decree and the incorrect date shown in the decree due to a mistake of the court. the learned judge, adopting the maxim actus curiae neminem gravabit, held the execution application to be within time by excluding the period, which was wasted due to the wrong action ..... upon an artificial legal fiction relating to the phrase 'date of decree' occurring in article 182(1) of the limitation act due to the operation of order 20 rule 7 of the civil procedure code. the learned judges constituting the full bench in ilr (1955) nag 791 (supra) pointed out the impropriety of filing an application for a .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-08-1960
Reported in : (1960)IILLJ664MP
..... the realization is by way of collecting the dues.18. in the result, the reference by the learned additional sessions judge is disposed of with a direction that the learned magistrate should hold further inquiry into the subject-matter of the complaints in view of the prima facie case made out under section 406. indian ..... section 432, criminal procedure code, to the high court, because the scheme is not 'an act, ordinance or regulation.'4. the application in revision filed before the learned additional sessions judge, ujjain, from his order, could have been treated as one for further inquiry; but he held that the city magistrate, ujjain, should have made a reference to ..... the high court under section 432, criminal procedure code. as he failed to do so, the learned additional sessions judge has himself done be.5. the questions before us are, firstly, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-08-1960
Reported in : AIR1961MP1; 1961CriLJ86
..... revision properly so called, or a new genus, called supervisory proceeding. the relevant wording of section 517(1) and section 520 of the code is:'517(1). when an inquiry or a trial in any criminal court is concluded, the court may make such order as it thinks fit for the disposal......by delivery to any person claiming to be ..... his own order in favour of gulabchand. from this, shantaram has come up in revision.3. this poses three questions, first, whether on a point of law, the sessions judge can entertain an appeal under section 520 cr. p.c., from an order of the magistrate under section 517 of the code; secondly, whether, independently of the appellate powers, ..... such order and make any further orders that may be just.''5. on the face of it, the superior court to which normally appeals, revisions and references lie, can act under section 520 cr. p.c. but the proceedings will not be appeals, revisions or references properly so called. that section gives powers of a kind that can be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-26-1960
Reported in : AIR1961MP110; 1961CriLJ516
..... commencement of the constitution but it means he has migrated when the question of his migration comes to be considered.another reason given by the learned judge for taking the view that 'migration' in article 7 has a wider connotation and is not confined to migration upto the date of commencement of ..... ensures continuance of citizenship and contemplates a law by parliament for terminating existing citizenship. the relevant law has been enacted in 1955 called the citizenship act and according to that act citizenship can be terminated on acquisition of citizenship of another country only. another mode of terminating citizenship, albeit by a fiction, would seem ..... constitution and had gone to pakistan after the constitution but had returned before the amendment came into force. it is further urged that under the citizenship act, 1955, the question whether the citizenship of such of the petitioners, who were indian citizens at the commencement of the constitution, had terminated is a .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-09-1960
Reported in : AIR1960MP378
..... have taken a registered envelope to the defendant and the defendant refused to accept it, whereupon he returned it with an endorsement to that effect. the learned trial judge held that substituted service which was alleged to be effected was not due and proper, but he dismissed the application as barred by time. the defendant took an ..... the date of the decree notwithstanding any irregularity in ordering that particular mode of service. 6. where service is ordered and effected in accordance with the provisions of the act, it does not matter, whether the defendant got actual knowledge of the suit or not. substituted service is as good and effectual as personal service. 10. in ..... for ordering such service existed.9. the true legal position may be summed up as follows:1. the expression 'duly served' in article 164 of the limitation act must receive a strict interpretation and it means service of summons in compliance with the provisions laid down in the code of civil procedure. 2. no order for .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-19-1960
Reported in : AIR1963MP9
..... suggested by my learned brother should be treated as a revision.shiv dayal, j.2. this appeal has been preferred from an interlocutory order passed by the additional district judge shajapur in case no. 260 (lunacy)whereby he has directed stay of all other suits and proceedings in which siddhnath is a party.3. biniyabai respondent no. 1 is ..... lays down that an appeal lies from 'any order made under this chapter'. the chapter begins with section 62 and ends with section 83. this chapter contemplates an inquiry by the court to ascertain whether the person alleged to be a lunatice is or is not so. as a result of this inquisition, the court is empowered ..... chapter' shall be appealable. to put it differently, the expression 'under this chapter' has reference to 'orders' and not to 'proceedings'. in chapter v of the lunacy act an order for staying other proceedings is not contemplated.6. here, rightly or wrongly, an application was made under section 151 of the code of civil procedure. i say nothing .....
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