Court : Madhya Pradesh
Reported in : AIR1967MP122; 1967CriLJ549
..... west bengal ..... paid manager or the partner who was actually present at the time of the taking of the sample could be considered to have been in charge of the business for the purpose of section 17 of the act and held liable, even though they were not in the premises when the sample was taken by the food inspector.2. ..... in fact, the argument closely analysed turns out to be twofold; firstly, that sub-section (1) of section 17 of the act has no application in their case because they were not in charge of and responsible for the conduct of the business of the firm; secondly, even if they were, the offence had been ..... out of that judgment does seem to he worded rather too widely as being charge and responsibility ilself implies knowledge :'no director or partner of a company can be convicted of the offence under section 27 of the act unless it is proved that the sub-standard drug was sold with his consent or connivance. ..... oil was taken and it being round to be below standard there was a prosecution in which each of the three partners was convicted under sections 7 and 16(1) of the prevention of the food adulteration act (hereinafter referred to as the act') and sentenced to pay a fine of rs. ..... case under the drugs act; hut section 34 of that act is similar to section 17 of the food adulteration act. ..... all lj 625: 1965 (2) cri lj ..... company had not committed the offence, there was no question of investigating whether this or that partner or director would be liable under section 17(1) of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP1; 1966CriLJ29; 1965MPLJ889
..... the opium act, as amended by west bengal, also contains a provision similar to section 20-g ..... argument canvassed on behalf of amalshah and did not refer to its earlier decision in pravin chandra's case, air 1965 sc 1185 (supra); but the necessary implication of the conclusion of the supreme court in amalshah's case criminal appeal no 201 of 1963, d/-11-12-1964 (sc) that section 251-a did not apply to the trial of a case initiated under the opium act on a report made by a police officer is that though the report of a police officer in respect of an ..... 337 no doubt supports the contention of the petitioners before us, but, as will be shown presently, the supreme court in pravinchandra's case air 1965 sc 1185 (supra) did not accept as correct the view expressed by the calcutta high court in premchand's case air 1958 cal 213 (supra) which was followed in sardar khan's case air ..... d/- 11-12-1964 (sc) (supra) no reference was made to the earlier decision of the supreme court in pravin chandra's case air 1965 sc 1185 (supra) and the supreme court declined to express any opinion on the argument raised by amalshah on the authority of the decisions in sardar khan air 1963 madh pra 337 and prem chand, ..... of andhra pradesh, air 1965 sc 1185 and amalshah ..... been further clarified by the supreme court in the penultimate paragraph in pravin chandra's case air 1965 sc 1185 (supra). ..... 275 of 1964 d/-8-3-1965 (madh pra) (indore bench) where the learned judge held that the law laid down in sardar khan's case .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP35
..... effect of the order of the high court dated april 4, 1952, was to leave the proceedings against the accused pending before the chief presidency magistrate, so as to attract the ban enacted by section 12 of the act, still by the decision of the high court dated december 19, 1956 which is binding as between the parties, the special court had been held to have jurisdiction over the case, section 12 being held not to ..... west bengal ..... the decree-holder and the judgment-debtors held different views about the implications of section 28 of the abolition act and as the matter was raised by them before the executing court, it became incumbent upon it to decide the question ..... the creditor was required to enforce his claim according to the provisions of section 28 of the act and the jurisdiction of the civil court to recover the debt in any other manner was barred under ..... on the question of limitation, the learned judge held that article 181 of the limitation act an plied and the applications were barred by time as they were filed more than three years from the date on which ..... necessary for the creditors to obtain a fresh preliminary decree under section 28 of the abolition act, and they could not proceed with the execution of the earlier final decree.7. ..... he said that the definition of 'secured debt' in s, 17 of the abolition act confines that expression to debts secured by a mortage of the proprietary rights divested under section 3 and as homefarm lands were not divested, the debts secured on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP247; 1968MPLJ672
..... , noted the contention advanced before him on behalf of the plaintiff, namely, that'since the personal law, which governed the devolution under section 151 was itself changed by the hindu succession act, 1956, the devolution thereafter must be in accordance with the changed personal law even under section 151 of the code'.this contention of the plaintiff necessarily involved the consideration of the question whether ..... single judge took the view that the mode of devolution laid down in section 151 of the code was in no way affected by section 14 of the hindu succession act, 1956, as that devolution provided for the devolution of tenancy rights, and section 4(2) of the hindu succession act expressly declared that nothing in that act shall affect the provisions of any law for the time being in force providing for the devolution of tenancy rights. ..... of west bengal. ..... to the state like owners of land and that the ownership rights of these persons are not taken away by the government except in certain cases; their status is not that of a tenant and the act does not provide for devolution of tenancy rights and does not fall under the exception provided by section 4(2) of the hindu succession ..... hari dass v hukmi, air 1965 punj 254, laxmi debi ..... nagarathinathachi, air 1965 sc 1752 was that two widows inheriting their husband's properties took together as joint tenants with rights of survivorship and equal beneficial enjoyment; they were entitled to enforce a partition of those properties so that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP7; 1970MPLJ862
..... where the question is covered by supreme court decision, certificate cannot be granted (state of west bengal v. ..... the observation in paragraph 203 of our judgment has reference to shri misra's argument that non-compliance with the provisions of section 77(1) of the act, is not a corrupt practice as has now been held by the supreme court in dalchand jain v. ..... then, there were two items which are shown in the return as election expenses, but we have held them to be outside the purview of section 77 of the act, and have excluded them from the total of expenditure entered in the return.5. ..... the tribunal, by its order dated december 16, 1965, rejected that application without even making a mention of this item of expenditure. ..... by another application of december 6, 1965, the election petitioner sought to introduce (among several others), another item of expenditure as paragraph 7(c)(i), alleging that the respondent had paid rs. ..... he averred that on november 30, 1965 he came to know of that item of expenditure incurred by the respondent. ..... by application, dated december 1, 1965, he sought to introduce an item of expenditure, as sub-paragraph (ix) in paragraph 7(b), alleging that about rs. ..... shah pannalal chandulal, air 1965 sc 1440, state of bihar v. d. n. ..... ram ajodhya singh, air 1965 cal 348). ..... , air 1965 sc 1467. ..... 500, as deposit, total rs, 700, to the congress party but did not include it in the return of his election expenses and that this came to the petitioner's knowledge on december 4, 1965. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP151; 1972CriLJ1193
..... state of west bengal, air 1956 sc 757 in sunder singh v. ..... 84,000/-or, indefault of payment of fine, further rigorous imprisonment for a period of oneyear.major shujat allisection 120b, i.p.c.rigorous imprisonment for a period of one year.section 5(1)(c),prevention of corruption act.rigorous imprisonment for one year.section 5 (1) (d),prevention of corruption act.rigorous imprisonment for a period of one year together with afine of rs. ..... rajendra singhsection 120b, i.p.c.rigorous imprisonment for one year.section 5(1)(c).prevention of corruption act.rigorous imprisonment for a period of one year.section 5 (1) (d),prevention of corruption act.rigorous imprisonment for a period of one year together with afine of rs. ..... state of uttar pradesh, air 1965 sc 1467. ..... 84,000/- under section 5 (1) (d) of the prevention of corruption act was reduced to rs. ..... of the indian penal code was concerned; but his convictions under sections 465, 466/471 and (477a of the indian penal code and under clauses (c) and (d) of sub-section (1) of section 5 of the prevention of corruption act, were affirmed. ..... rajendra singh further under clauses (c) and (d) of sub-section (1) of section 5 of the prevention of corruption act.12. ..... indian penal code and section 5(1)(c) and section 5(1)(d) of the prevention of corruption act.9. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1973CriLJ290
..... of the powers which an officer-in-charge of a police-station exercises while investigating a cognizable offence, the supreme court held that he was not a police officer within the meaning of section 25 of the evidence act because firstly, he was not vested with all the powers of an officer-in-charge of a police station, and secondly, because he had no power to submit a report under section 173 of the code of criminal procedure.10. ..... on objection by the accused the learned trying magistrate sustained their objection that the confessional statement was inadmissible under section 25 of the evidence act on the hypothesis that the food inspector, who investigated into the offence, being invested under section 10(8) of the act with the powers of a police officer under section 57 of the code of criminal procedure, was a 'police officer' within the meaning ..... the ratio underlined in these cases is:the test for determining whether a particular officer is a 'police officer' for the purpose of section 25 of the evidence act is whether he is invested with all the powers which an officer-in-charge of a police-station exercises when investigating a cognizable offence, including the power to file a charge-sheet under section 173 of the code of criminal procedure, or he is deemed ..... state of west bengal : 1970crilj863 and ..... of 1965 d/- 12.12.1967 : 1968 scd 385 when he held that a confession made before the assistant collector of customs was not inadmissible under section 25 of the evidence act.11. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1975]35STC298(MP)
..... that as long as sugar-candy answers the description of sugar as denned in the additional duties of excise (goods of special importance) act, 1957, and as long as the notification dated 3rd march, 1958, issued under section 26 of the west bengal sales tax act, 1954, remained in force it was not liable to any taxation under either the v. ..... that law in respect of the sale or purchase inside the state of any declared goods and such goods are sold in the course of inter-state trade or commerce, and tax has been paid under this act in respect of the sale of such goods in the course of inter-state trade or commerce, the tax levied under such law shall be reimbursed to the person making such sale in the course of ..... bangalore', a division bench of the mysore high court held that sugar would include sugar-candy and both of them were the subject-matter of legislation in the additional duties of excise (goods of special importance) act, 1957, and they would not be wholly exempt from taxation, but the power of the state legislature to tax all those items would be subject to the restrictions provided by the central enactment in view of section ..... with the provisions, the state government issued a notification dated 10th october, 1965, purporting to be under section 12 of the m.p. ..... these goods came to be specifically included in the entry relating to sweetmeats by notification dated 10th october, 1965. ..... indore 1965 m.p.l.j ..... notification of 10th october, 1965. ..... 1965 ..... 1965 ..... 1965 ..... 1965 ..... 1965 ..... 1965 ..... [1965 ..... 1965 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP25
..... hence, in the context of the judicial service of west bengal, 'reduction in rank' would imply that a person who is already holding the post of a subordinate judge has been reduced to the position of a munsiff, the rank of a subordinate judge being higher ..... in the west bengal civil service ..... called class i civil judges but to have a list of persons who were qualified to be posted as class i civil judges and to provide that fitness for being posted as class i civil judges and acting as such for some time should be considered as a qualification for promotion as additional district and sessions judges. ..... provide for classification of civil judges as class i and class ii, the madhya pradesh civil courts act, 1958, did provide for such classification and the former exercise greater powers. ..... the position was again altered on account of the madhya pradesh civil courts act, 1958, which again created separate courts of civil judge, class ii, who would exercise powers of trial ..... section 3 of the madhya pradesh civil courts act, 1958 (hereinafter referred to as 'the act') however, lays down that there shall be the following classes of civil courts, namely:--(1) the court of the district judge; (2) the court of the additional district judge; (3) the court of the civil ..... expression 'reduction in rank' in clause (2 of article 311 of the constitution should be construed in a technical sense in which it is used in the madhya pradesh civil services (classification, control and appeal) rules, 1965. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP208
..... 168) a division bench of this court while dealing with the question of the law to be applied by the tribunal in assessing compensation under section 110-b of the motor vehicles act, held as follows:--'the group of sections 110 to 110-f of the motor vehicles act deal with the constitution of claims tribunals 'for thepurpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of ..... governing the assessment of compensation are the same with no new basis being provided for the tribunal and the only effect of enacting sections 110 to 110-f of the motor vehicles act is to provide a cheap remedy for adjudication of such claims for compensation by a change of the forum from civil courts to the tribunals, also prescribing the procedure to be followed by such tribunals. ..... 1976 sc 237) their lordships of the supreme court had occasion to decide the effect of section 110-f of the motor vehicles act in a case where the tribunal was constituted after the date of the accident when the limitation prescribed for filing a claim under section 110-a of the act had expired but the ordinary limitation for a civil suit was still available and the suit till then had not ..... 1 against the judgment and decree dated 18-1-1965, passed by the additional district judge, shajapur, in ..... be borne by the appellant since law on the point was not beyond doubt at the time when the suit was filed or even this appeal was filed in the year 1965. .....
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