Court : Madhya Pradesh
Reported in : 1951CriLJ1467
..... & deciding special appeal under section 25, madhya bharat high court of judicature act, was permanently taken away. we are here confronted with apparent conflict between the provisions of the two articles of the constitution so far as this particular ease is concerned. in such circumstances, it is the duty of a court to so construe ..... partially, any enactment wholly or partially repealed, expressly to state that purpose. in the present case however the question as to the revival of the temporarily repealed provision of the principal act by the repeal of the repealing legislation does not arise. the counsel for the appellant contends that ordinance no. 1 of 1950 came to ..... court to entertain, hear & determine appeals from the decisions of any division bench after 26-1-1950 it was for this purpose & keeping in view the provision of article 225 of the constitution that his jurisdiction was taken away a day prior to he commencement of the constitution. mr. kak or the appellant maintained that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ1305
..... apply equally to offences which are infringements of fundamental rights & to other offences - are laws for enforcement of fundamental rights. this is to say that only those provisions of criminal procedure code which are particularly designated therein as relating to inquiries or trials constitute laws for enforcement of fundamental rights, but the whole body of law enacted to bring ..... prohibition was expressly imposed upon the supreme court of bengal in 1780, after the well-known conflict with warren hastings, & as contained in section 8, east india company act, 1780, (21 geo iii c 70) it was in the following terms:the said supreme court shall not have or exercise any jurisdiction in any matter concerning ..... of the high court. this court has been exercising ordinary original criminal jurisdiction under section 491 cri. p.c. as soon as the indian companies act was adopted in madhya bharat ordinary original civil jurisdiction was conferred on this court so far as cases under the indian .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1952CriLJ887
..... commissioner to take the view that an appeal against the acquittal is competent after an appeal against the conviction is dismissed. i have already explained above that the provision of summary dismissal contained in section 421 is an exception to the general principles of criminal law; and even an important principle which governs the mode in which ..... between the two, and. whether an order passed under section 421 can be set aside, are questions which necessitate careful study of the scope of the section, the provisions contained therein, and the case law bearing on them. section 421 deals with appeals presented either under section 419 or under section 420. section 419 provides that every ..... v. emperor air 1918 all 65.5. after the decision of their lordships of the privy council in kishan singh v. emperor 50 all 722, another view emerged stating that the privy council had approved the statement of law that the only way in which a finding of acquittal can be altered or reversed is by a .....
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