Court : Madhya Pradesh
Reported in : AIR1958MP135
..... that memo no. 3024 (sic--no. 3324 (?)) which was issued as a consequence of the order cancelling reinstatement, loses its force as well.20. on behalf of the government, it is argued that according to article 310 of the constitution all government servants ..... vehicles in the scale of pay of rs. 150--10--200 bar 200--10--220--225 with effect from 12-2-1950. on 2-1-1951 he received a notice from the state transport authority that as the public service commission had not ..... of civil servants as against the actions involving penal consequences of serious character in the matter of their service 43. in air 1945 fc 67 (e), their lordships of the federal court had to consider the question regarding validity of appointment of ..... writ of prohibition should be rejected. the government hasan inherent right to carry on an enquiry againstits servants for their alleged acts of omissionsand commissions. in the interest of keeping up the tone of administration, the government mustalways be vigilant. in fact in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP103
..... moment i confine myself to the larger question only but in relation to the facts of this case.6. article 226 of the constitution was introduced in january 1950, and the first case to which i need refer is a decision of a full bench of the allahabad high court reported in maqbulnissa v. union of ..... him with jurisdiction was passed by the investigation commission at new delhi under the powers conferred on the investigation commission by the taxation on income (investigation) act, 1947 (act 30 of 19.47).the action of the officer making the investigation was irregular, and therefore a writ was applied for against both the investigation commission at ..... and that is reported in thangal kunju musaliar v. venkatachalam potti, 1955-2 scr 1196: ((s) air 1956 sc 246) (j). that case arose under the travancore taxation on income (investigation commission) act (act 14 of 1124). under that act an officer was making an inquiry into the income of the petitioner. the order appointing the officer and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP115
..... consequence of the learned government advocate's argument, if accepted, would be that persons who profess, practise and propagate a religion founded after 26th january, 1950, would have no fundamental rights under articles 25 and 26. the construction put forward by the learned government advocate on these articles is thus totally opposed ..... first that articles 25(1) and 26(b) only guaranteed the right to profess, propagate and practise any religion as it existed on 26th january, 1950, and as on thai day there was a shivlinga in the temple and the hindu community were allowed to worship it, therefore, the petitioners could not ..... air 1954 sc 388 (e). the fundamental right guaranteed under article 25(1) is the right to profess, practise and propagate religion, no matter whether the religion and the religious practices or performances of acts in pursuance of its doctrines came into existence before or after the coming into force of the constitution.religious practices or performances of acts .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP146
..... by both lessor and lessee. there is no other document executed by the lessor, and i do not see how one should be forced to look upon this kabuliyat as a lease invalid both for want of registration and for want of signature by both parties. it ..... took from him under an oral lease a portion of the property. all this was on 20-4-50. then on 24-4-1950 he executed a rent-note in respect of the portion taken on rent.thus there are clear allegations as regards existence of oral ..... on the allegation that the defendant mortgaged with him his house in chowk bazar mahidpur ward no. 1 house no. 163 on 20-4-1950 'under a deed of usufructuary mortgage duly registered for a consideration of rs. 8000/- and delivered possession to him on that day; that ..... full bench of the lahore high court in mohanlal v. ganda singh, air 1943 lah 127 (h). in that case it was accepted as correct the proposition that section 107 of the transfer of property act is exhaustive as regards the modes by which tenancy can be created. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP32
..... 1. this is an application for the issue for a writ of quo warranto. 2. the petitioner has stated that on 28th october 1956, the madhya bharat municipal corporation act (act no. 23 of 1956) came into force, whereby the municipality of gwalior acquired the status of the gwalior corporation on 29-10-1956. according to section 444 of the municipal corporation ..... 10 months after the election had taken place. inordinate delay in invoking the jurisdiction may constitute a good reason for declining to grant relief, hiraumoy v. state of assam, air 1954 assam 224 (pb) (d). 6. my main reason for not exercising my discretion in the matter is that only a few hours are left before the mayor shall ..... or not. in support of his contention he has cited maseh uriah v. abul rehman, air 1953 all 193 (a); kashinath laxman v. state of bombay, air 1954 bom 41 (b) and krishna rajeshwar v. chief secretary to the m p. government, police dept., nagpur, air 1954 nag 151 (fb) (c). but i am afraid that none of the case is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP157; 1958CriLJ764
..... illegality committed in the course of investigation does not affect the competence and jurisdiction of the court. see (s) air 1955 sc 196 (a); parbhu v. the emperor, air 1944 pc 73 (c) and lumbhardar zutshi v. the king, air 1950 pc 26 (d). such a defect being an irregularity is curable under section 537 of the criminal procedure code.8. the ..... was carried on about this by sub-inspector nanooram. why the investigation was not carried on against the station master is not clear from the record. this lends force to the necessity of the reinvestigation of the case by a proper authority.13. after considering the matter in all its entirety, my answers to the three questions ..... a competent authority and the proceedings should not be quashed.15. having regard to the slip-shod manner in which both the sub-inspector and the city magistrate acted in the case it would be proper to order reinvestigation of the case by the deputy superintendent of police and the proceedings need not therefore be quashed.16. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP162; 1958CriLJ767
..... the municipal committee for all purposes in view of the legal fiction created by virtue of section 8 (4) of the c. p. and berar municipalities act.29. we therefore hold that there is no force in the contention of the learned counsel for the non-applicants on this point.30. the third contention of the learned counsel for the non-applicants ..... was made punishable under sections 73 and 74.the central government in exercise of the powers conferred on it under section 58 of the new act framed rules called the mines rules, 1955, which came into force on and from 2-7-1955. in cases we are dealing with, contraventions or breaches complained of have been committed before january 1955, that is ..... if the rules were to form part of the act, then as the rest of, the act had not come into force, the rules would have been of no effect. the learned judges therefore observed at p. 73: (of ilr mad): (at p. 25 of air):'it is of course our duty to construe an act in such a manner as to give effect to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP330
..... contravenes article 14 of the constitution. reliance is placed upon brigade commander, meerut sub-area v. ganga prasad, air 1956 all 507 (a). that case dealt with a notice issued under section 300 of the government premises (eviction) act, 1950, against a person who was said to be in unauthorised occupation of the government land.the question whether the ..... of such protection as the tenants of the private landlords are and this circumstance is a cogent basis for differentiation. the two classes of tenants are not by force of circumstances placed on an equal footing and the tenants of the government or local authority or the board, cannot, therefore, complain of any denial of equality ..... thirty days of the date of the service of the notice. sub-section (4) of section 3 empowers the competent authority to evict the person, if necessary by force, from the premises, if he fails to comply with the order. section 8 provides for penalty in case of contravention of the order.4. the sole point on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP77
..... . and berar police regulations. sd/-illegiblea.i.c.for i. g. of police,c. p. and berar. 5. on the 11th april 1950 the cash box was locked and sealed, and a paper describing the contents was pasted on it, and the box was duly delivered to the ..... in the box when it was deposited, and rs. 3,896-15-2, interest at 7 per cent per annum from 12-4-1950 till the date of suit by way of damages.3. the trial court held that the subordinate police officers were dishonest and that the ..... police station house malkhana, and a receipt thereof used to be obtained on a dak book. this went on from 1949 till 11th april 1950, when the cash box duly locked and sealed was deposited in the evening but was found missing the next morning. subsequently, the box ..... by the inspector-general of police when receiving the box for safe custody loses all its force and meaning.15. this brings us to the question whether a master is responsible for the acts of his dishonest or negligent servant. at one time the law was that the master .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP224
..... as a whole. the power to dismiss an election petition for want of proper parties has been conferred by the third sub-section of section 90 of the act. that power excludes the discretion of the tribunal to allow joinder of fresh parties, and in effect circumscribes that discretion completely. where to the satisfaction of the ..... from amarpatan constituency. the tenth respondent shri lal behari singh was a candidate but he retired from the contest under section 55a of the representation of the people act, 1951 (hereinafter caned the act) on 19th february, 1957. at the election shri ram hit gupta, the second respondent was declared elected on 6th march, 1957. the petitioner, shri gulsher ..... from the third sub-section of section 90 of the act, but it is exercised under section 98 of the act.7. there is a detailed examination of chapter iii of part vi of the act by their lord-ships of the supreme court in harishchandra v. triloki singh, (s) air 1957 sc 444 (a). no doubt, their lordships of .....
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