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Documents citing Mohar Singh And Ors. vs State And Anr. on 27 February, 1953

Bhagirathi And Ors. vs The State Through Smt. Raziya on 12 October, 1954

10. After careful consideration, brother Agarwala and I took the view -- 'Mohar Singh v. State', AIR 1954 All 81 (A), that the provisions of Section 49 (2), U. P. Panchayat Raj Act, do not go to the root of the jurisdiction of the bench and that if no objection has been taken to the constitution of such a bench by either party in accordance with the provisions of Rule 84 (b), it is not open to them to raise that point in a Writ petition under Article 226 or 227 of the Constitution.
Allahabad High Court Cites 27 - Cited by 4 - Full Document

Mohan Lal And Ors. vs The Surpunch, Punchaiti Adalat And Anr. on 8 September, 1953

Even if they did raise this question before him, the fact remains that they did not raise it while the case was pending in the Panchayati Adalat. It has been held by a bench of this Court in - Mohar Singh v. State' that the detect in the constitution of a bench of Panchayati Adalat caused by non-compliance of the provisions of Section 49 (2) of the Act is no" a jurisdictional defect and is waived if no objection is raised against it. Therefore when the applicants did not object to the bench that It was; improperly constituted, they are estopped from objecting to it now, after their conviction. If there was any irregularity committed in the constitution of the Bench it is waived.
Allahabad High Court Cites 4 - Cited by 0 - Full Document

Mohan Lal And Ors. vs The Surpunch, Punchaiti Adalat, ... on 8 September, 1953

Even if they did raise this question before him, the fact remains that they did not raise it while the case was pending in the Panchayati Adalat. It has been held by a bench of this Court in --Mohar Singh v. State', AIR 1954 All 81 (A) that the defect in the constitution of a bench of Panchayati Adalat caused by non-compliance of the provisions of Section 49 (2) of the Act is not a jurisdictional defect and is waived if no objection is raised against it. Therefore when the applicants did not object to the bench that it was improperly constituted, they are estopped from objecting to it now, after their conviction. If there was any irregularity committed in the constitution of the Bench it is waived.
Allahabad High Court Cites 5 - Cited by 0 - Full Document
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