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Basanti Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1925All245
AppellantBasanti
RespondentEmperor
Excerpt:
.....act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being recognised is concerned, it includes, as stated above, four directors, the divisional boards and four state boards. the second part of this definition which comes after the comma refers to any officer authorised by director or by any of such boards. the.....daniels, j.1. this is a reference by the learned sessions judge of saharanpur asking that the order of the magistrate in a proceeding under section 247 of the u.p. municipalities act be set aside and a fresh enquiry ordered on the ground that the magistrate did not comply with the provisions of section 350, cr.p.c. the enquiry was commenced by one magistrate and concluded by another. the accused asked to have the witnesses re summoned before the second magistrate as ha was entitled to do, but this was not done. i agree with the learned sessions judge that the provisions of section 350 apply to an enquiry under section 247 of the municipalities act. i accordingly accept the reference, set aside the magistrate's order, and direct that the case be re-heard.
Judgment:

Daniels, J.

1. This is a reference by the learned Sessions Judge of Saharanpur asking that the order of the Magistrate in a proceeding under Section 247 of the U.P. Municipalities Act be set aside and a fresh enquiry ordered on the ground that the Magistrate did not comply with the provisions of Section 350, Cr.P.C. The enquiry was commenced by one Magistrate and concluded by another. The accused asked to have the witnesses re summoned before the Second Magistrate as ha was entitled to do, but this was not done. I agree with the learned Sessions Judge that the provisions of Section 350 apply to an enquiry under Section 247 of the Municipalities Act. I accordingly accept the reference, set aside the Magistrate's order, and direct that the case be re-heard.


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