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In Re: NaraIn Das - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All610
AppellantIn Re: NaraIn Das
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.....pearson, j.1. the opinion of the assessors does not appear to have been taken as it is not found on the record. the omission to take it was a serious irregularity and must be pointed out to the judge, and lie must be cautioned to avoid a similar irregularity in future. at the same time i cannot hold that it affected the conduct of the prosecution or prejudiced the prisoner in his defence, and it is not therefore, with reference to the provisions of sections 283 and 300 of act x of 1872, a ground for revisional interference.
Judgment:

Pearson, J.

1. The opinion of the Assessors does not appear to have been taken as it is not found on the record. The omission to take it was a serious irregularity and must be pointed out to the Judge, and lie must be cautioned to avoid a similar irregularity in future. At the same time I cannot hold that it affected the conduct of the prosecution or prejudiced the prisoner in his defence, and it is not therefore, with reference to the provisions of Sections 283 and 300 of Act X of 1872, a ground for revisional interference.


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