DEOLAL PANNA Vs. LOHRE

JUDGEMENT

(1.) I referred the following questions for decision by the Division Bench:

(2.) I must confess that at the time of making this reference I was laid away by the English Translation of Section 77 of the Madhya Bharat Panchayat Act No. 58 of 1949 as given in Shri Dubey's book -"The Madhya Bharat Panohayat Vidhan" which reads thus:

(3.) WHEN at any time it appears that the case should be tried by a Nyaya Panchayat....... Since it is not a correct translation to use the word 'triable' for the expression "SUNWAI KAKNA CHAHIYE" and, in my opinion, the correct translation is "Should be tried", this reference has to be answered on a true construction of the words, "whenever it appears that the case should be tried by, a Nyaya Panchayat, he shall at once transfer the case to the Nyaya Panchayat, which shall try the case de novo" in Section 77 of the Act. It is to be considered whether the expression "should be tried" connotes: