Court : Madhya Pradesh
Decided on : Jul-27-1960
Reported in : 1961CriLJ673
..... magistrate received information that the accused had gone to the place where they had bound themselves not to go. now it is obvious enough that in such a case an inquiry was necessary and that required a notice to the surety.6. the case reported in air 1928 cal 261 has no application here because that was a case of a ..... of a dacoity case and if the accused did not appear, the petitioner incunred a serious penalty. however, since he subsequently got the accused re-arrested and, as the trial judge himself observed, the surety was diligent i think the ends of justice would be served if the amount of penalty is reduced to rs, 300/-. this revision is partly allowed ..... and prayed that a non-bailable warrant be issued. that was done, the surety got him rearrested and the trial proceeded further. however, after hearing the surety, the trial judge ordered recovery of rs. 500/- from him.2. it is urged by shri nagarkar that bail bond could not be forfeited on the 2nd june nasmuch as no prior notice .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-25-1960
Reported in : AIR1961MP67
..... taking accounts.while the proceedings before the commissioner for taking of accounts were going on, an appeal against the preliminary decree was filed in the court of the district judge, hoshangabad, which was dismissed. thereafter, a second appeal was filed in the high court against the aforesaid dismissal. while the second appeal in the high court was ..... decision, in my opinion, is hardly relevant for the decision in this case. that was a case where the court had exceeded its pecuniary jurisdiction and consequently had acted without initial jurisdiction in the matter. in that case the plaintiffs had brought a suit against the defendant for rs. 2,000/- as damages resulting frorn cutting of ..... -matter before it but the complaint is that the court which had jurisdiction over the subject-matter, over the parties and over the lis pending before it, has acted in disregard of some provision of law, as for instance against the provisions of order 2.3, rule 3, as in the instant case, it cannot be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-09-1960
Reported in : 1961CriLJ670
..... case beyond all reasonable doubt.this principle is now almost uniforrnally accepted and it should not be necessary to cite authorities in support of it. the learned special judge himself has adverted to this principle in his judgment. it, however, appears that while discussing the probabilities of the case this principle was not clearly kept in ..... accused having prevented this design by insisting on execution of separate rent-notes prior to the acceptance of the arrears of rent was in my opinion doing an act which could not but have aroused the displeasure of bhagwandas and his guide and friend hukumchand. i find it difficult, in the circumstances of this case, to ..... .13. while, therefore, i am conscious of the! factors which are inconsistent with, the theory set up by the defence and to which the learned special judge seems to have given such undue importance, i am distinctly of the opinion teat they are altogether insufficient for excluding the probability of the version of the accused .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-16-1960
Reported in : 1961CriLJ122
..... cr. p.c. the special judge must be deemed to be empowered, by necessary intendment, to frame a ..... charge.6. in my opinion the special judge cannot fey an accused without framing a charge. it is obvious ..... the trial without it.it is true that the act does not provide for framing a charge and in the cri. p.c. also there is no provision for a sessions judge to frame a charge, although he may add, alter or amend the charge framed by the inquiry magistrate. if a trial under the act is to commence under section 271 of the .....
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