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 : Mar-08-1960
Reported in : AIR1961MP37; 1961CriLJ266
..... section 432, cr. p. c., to the high court, because the scheme is not 'an act, ordinance or regulation'.4. the application in revision filed before the learned addl. sessions judge, ujjain, from this 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, cr. p. c.; as he failed to do so, the learned addl. sessions judge has himself done so. 5. the questions before us are, firstly, whether the ..... contumacious conduct of the wrong-doer while the realisation is by way of collecting the dues. 18. in the result, the reference by the learned addl. sessions judge is disposed of with a direction that the learned magistrate should hold further enquiry into the subject-matter of the complaints in view of the prima facie case made .....
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-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 : 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-23-1960
Reported in : AIR1961MP25; 1961CriLJ94
..... in attachment or in charge of the police or a supratdar, under section 517 cri. p. c. the jurisdiction to dispose of the property when the case or inquiry is concluded is general, it being immaterial for the purposes of this section whether it is acquittal, conviction or discharge. but it is essential that property should be in ..... and installed the woman. the enquiry has already been made, with the finding already quoted. so, there is no point in the direction given by the learned sessions judge that the matter should go back for further investigation. even on the second alternative of the accused persons running away hearing that the police were coming, and thus ..... that in regard to all civil courts, nothing in the c. p. c. limits or otherwise affects the inherent power, and in regard to the high court, acting as the court of criminal justice, that nothing in the criminal procedure code does so limit or affect its inherent power.as for the subordinate criminal courts that in-herent power .....
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-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 : 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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