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Documents citing Secretary Of State vs Karim Bux on 22 September, 1938

Dharam Sarup vs The State on 8 August, 1952

In State v. Karim Bux, 1950 ALL. L.J. 383, I had a case before me in which there was no specific order sanctioning the prosecution of the applicant. The charge sheet was sent to the S. P. (who happened to be also the officer who could have accorded the necessary sanction for the prosecution of the accused). The S. P. merely as an officer responsible for the prosecution in the ordinary way, wrote down on the charge sheet which was submitted to him that "it may be sent to the proper Court through the Chief Inspector." I held that this order could not be construed as sanction to prosecute because it did not appear that the S. P. had applied his mind to the question whether he should sanction the prosecution of the accused or not, and that he had merely forwarded the charge sheet to the Court in the normal manner as any head of the police would do in ordinary cases that were investigated and desired to be sent to the Court for trial. I further observed that:
Allahabad High Court Cites 11 - Cited by 7 - Full Document

Sankatha Prasad Pande vs Brij Mohan Pandey on 19 April, 1945

In view of the facts and circumstances of that case it was held that the Land Acquisition Collector being of opinion that Messrs. Best & Co. Ltd., were not interested in the enquiry only forwarded their application and did not refer their case as he referred the case of National Bank of India. It is clear that on the finding that there was no reference made to the District Judge under Section 19 there was no bar to any fresh proceedings being started at the instance of the claimant whose case was not referred to the District Judge and was not decided by him. Our attention has also been invited to the case in Secy. of State v. Karim Bux ('39) 26 A.I.R. 1939 All. 130 at p. 90 where a Bench of two learned Judges of this Court observed as follows:
Allahabad High Court Cites 11 - Cited by 0 - Full Document
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