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 : 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 : Sep-23-1960
Reported in : AIR1962MP104
..... (4) of section 145, cri. p. c. signifies is that after the preliminary order has been served on the opposite party, the magistrate shall proceed to hold an inquiry into the respective claims of the parties. the intention of the legislature in enacting the 3rd proviso to this subsection clearly was to enable a magistrate in a case of ..... section 145, cri. p. c., the magistrate had no jurisdiction to issue an order of attachment prior to its service on the opposite party. the observations of the learned judge on this point are clearly obiter. there is no reason to suppose that the words 'at any time' used in the 3rd proviso to sub-section (4) of section ..... vol. 31). crawford also has observed in his statutory construction as follows: 'a proviso on the other hand is a clause added, to an enactment for the purpose of acting as a restraint upon or as a qualification of the generality of the language which it follows.' on applying this principle it would follow that although the provisions of sub .....
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 : 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 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-24-1960
Reported in : AIR1961MP190
..... favour of the non-applicant under any provision of law. it is, therefore, clear that the suit of the non-applicant was barred by time. the learned small cause judge acted illegally in holding the suit to be within time on the basis of the letter, dated, 21-11-1958 sent by the chief commercial superintendent. therefore, the decree ..... . s.g. ahmad, ilr (1954) nag 46: (air 1954 nag 115). that was a case of non-delivery, governed by article 31 of the limitation act, wherein the learned judges constituting the division bench held that the limitation under the said article did not start, until the railway administration was able to say finally that the goods could not ..... one of loss or injury to the goods would clearly be governed by article 30 of the indian limitation act, which was equivalent to article 25 of the hyderabad limitation act. the learned judges opined that no other article of the limitation act would be applicable to such a case,14. thus there would be no doubt that the goods having .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-23-1960
Reported in : AIR1961MP6
..... admitted in evidence ......'. the word 'admitted'' here means 'admitted for judicial purpose', in other words, found, or held to be admissible by the presiding officer after such inquiry as might be called for in that case. thus, it is not correct to argue that the order of the court merely declares admissibility, and is not equivalent to admission ..... the mechanical process of putting the number and similar particulars under order 13 rule 4 was yet to be done.5. in my opinion, the order of the civil judge to the effect that the document is admissible (grahya hai) is equivalent to the admission itself. the distinction sought to be made between the court's declaration of ..... , reopens the decision, and calls upon the party producing the document to make good the stamp duty and the penalty. this is enabled by section 61 of the act. but that is a matter between the authorities and the litigant and not one inter partes. in principle, there is nothing to prevent the disappointed opponent from moving .....
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 .....
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 : 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 .....
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