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Raghunath Upadia and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Reported inAIR1925All311a
AppellantRaghunath Upadia and ors.
RespondentEmperor
Excerpt:
- cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board. teacher employed in the school run by cantonment board being covered under.....piggott, j.1. i agree with the learned sessions judge. i set aside the magistrate's order under section 133 of the code of criminal procedure. if the district magistrate thinks that further proceedings ought to be taken in the matter, he is at liberty to take such proceedings himself, or to send the case to any magistrate of the first class subordinate to him, other than the magistrate who passed the order now set aside. the proceedings may be taken up at the stage at which the present applicant filed their written statement of the 16th august, 1924.
Judgment:

Piggott, J.

1. I agree with the learned Sessions Judge. I set aside the Magistrate's order under Section 133 of the Code of Criminal Procedure. If the District Magistrate thinks that further proceedings ought to be taken in the matter, he is at liberty to take such proceedings himself, or to send the case to any Magistrate of the first class subordinate to him, other than the Magistrate who passed the order now set aside. The proceedings may be taken up at the stage at which the present applicant filed their written statement of the 16th August, 1924.


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