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In Re: Sheikh Amin-ud-din - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1902)ILR24All346
AppellantIn Re: Sheikh Amin-ud-din
Excerpt:
.....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 question to be examined is whether school run by the cantonment board could be said to be one run by any such boards. a private school has to be recognised by the state or the divisional board or by any officer authorised in that behalf. when this phrase namely: recognised by.....knox and blair, jj.1. a preliminary objection has been taken to the hearing of this reference. it is contended that the provisions of the last paragraph of section 439 apply. we are not prepared to accede to this contention, or to say that we shall in no case entertain a reference simply because of what is laid down in that paragraph. at the same time the fact remains that it was open to the local government to present an appeal from this acquittal. where the local government do not adopt this procedure, or where the magistrate does not move the local government to adopt this procedure in cases where it could be adopted, and sends to us direct, we think it expedient, as a general rule, not to exercise our powers of revision. we refuse to entertain the reference. let the record be returned.
Judgment:

Knox and Blair, JJ.

1. A preliminary objection has been taken to the hearing of this reference. It is contended that the provisions of the last paragraph of Section 439 apply. We are not prepared to accede to this contention, or to say that we shall in no case entertain a reference simply because of what is laid down in that paragraph. At the same time the fact remains that it was open to the Local Government to present an appeal from this acquittal. Where the Local Government do not adopt this procedure, or where the Magistrate does not move the Local Government to adopt this procedure in cases where it could be adopted, and sends to us direct, we think it expedient, as a general rule, not to exercise our powers of revision. We refuse to entertain the reference. Let the record be returned.


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