Court : Madhya Pradesh
Reported in : AIR1959MP187
..... to leave the forum and the procedure of the appeal to be determined by the relevant law for the time being in force.to put it differently, the orders passed under the act are passed by the district court and to find out the court to which an appeal would lie, the relevant provisions of the civil procedure code or any other law ..... in section 24 also must have the same meaning.7. the interpretation which i have put on section 24 finds support in the decisions in nanjappa v. vimala devi, air 1957 mys 44 and rameshwar nath v. kanta devi, air 1957 punj 85. in both these cases, it has been held that the word 'respondent' as used in section 24 of the ..... right of appeal is concerned it is granted under section 28 of the act.in connection with section 55 of the indian divorce act which contains analogous provisions, it has been held in robert cameron v. mrs. phyllis ethel, air 1937 lah 176 and noble millicans v. mrs. gladys millicans. air 1937 lah 862 that an appeal lies against all orders passed by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP226
..... drew our attention to an earlier decision of their lordships reported in jagau nath v. jaswant singh, air 1954 so 210 (c). in that case their lordships were considering the effect of section 62 of the representation of the people act, as it stood before the amendment, and their lordships observed that since there was no penalty ..... the election commission but in the name of the election commission. this, in our opinion, does not make any difference.the secretary to the election commission, could act under the orders of the election commission. the costs are payable not by the secretary to the election commission but by the election commission and the money being ..... election commission did not make use of this defect to exercise the powers conferred on it by section 85.here again, we must pay that the election. commission acted correctly, because even if the election law has to be followed strictly, what is required is a real and effective compliance with the mandatory provisions of section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP373
..... part and that failure on his part to make good the averment bring with it the inevitable dismissal of his suit. 37. in alakhram v. mt. kulwantin bai, air 1950 nag 238 (r) bose j. and mangalmurti j. followed the observations of the privy council and heldthat where the expenses for the deed of sale were to be ..... suit for specific performance would not lie against the guardian and consequently he cannot be held responsiple for payment of compensation under section 19 of the specific relief act. 48. the result of the foregoing discussion is that plaintiff's suit either for specific performance or for compensation under the circumstances of the case is not ..... liability to reconvey on the ground that the latter conferred no benefit. 34. however it may be mentioned here that the plaintiff arid his brother abdul rehman who acted for his minor son isrnail both had agreed that the property should belong to the minor, a registered deed was executed for the consideration moving from abdul rehman .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP423
..... the pleadings, the learned appellate judge also held that it was doubtful if such a right of pre-emption could be exercised after the enactment of the constitution of india 1950 in view of article 19(1)(f) of the constitution. the learned appellate judge, relying on the cases of of mubarak husain v. kaniz bano, ilr 27 all 16ft (a ..... preceding the enactment of the constitution. thus all customary law including the personal law was saved by article 372 of the constitution. any custom or usage having the force of law can only be declared void as per article 13(1) if it does not comply with the test of reasonableness laid by article 19(5). if the personal ..... be sufficient. they held that the matter would not be governed by the customary mohammedan law, but by the provisions of the evidence act.in the case of abdul gaffar khan v. abdul jikar, ilr 1954 nag 407: (air 1954 nag 113) (g), the late rao j. held that for a pre-empter to succeed, he had to make two demands as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP368
..... that section 169 was made to apply not only to cases which are to arise after the madhya pradesh land revenue code came into force but also to . cases which had arisen before. the protection which was sought to be given in a mild way by the explanation ..... had been saved from the operation of the new law : see k.c. mukerjee v. mt. ram ratan kuer, 11 15 pat 268: (air 1936 pc 49) (c). in the present case the rule created by section 189, sub-section (3), is a rule of decision for the ..... of the witnesses cited on behalf of gyarsiram. shri bobde relied upon s, 109 of the evidence act to show that the relationship which had been established for the year 1950-51 must be deemed to have continued and that gyarsiram must therefore be considered a tenant, unless the ..... , the field had been sublet for the statutory period and that he himself was the sub-tenant for the agricultural years 1949-50, 1950-51 and 1951-52. the case was sent for enquiry and report to the naib-tahsildar, who reported on 29-6-1953 that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP178
..... that if the money was not paid within the time fixed, the mortgagee would continue to enjoy the profits of the security or that the bond would remain in force. the learned judges found that the hypothecation clause in the deed was curious and that what was mortgaged and hypothecated was not for payment of the principal but to ..... but also confers on the mortgagee a right enforceable against the mortgagor to realise his money otherwise than out of the mortgage security.in mulla's transfer of property act, (fourth edition) it has been stated at page 443 that'a promise to pay does not give the right of personal remedy if the mortgagor binds himself to ..... loan depends upon the nature and terms of the security was reiterated by the privy council in another case reported in maharaj ram narayan singh v. adhindra nath mukherji, air 1916 pc 169. in that case also it was suggested on behalf of the mortgagee that a personal covenant to repay the money lent exists in everymortgage transaction unless .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP282; [1959]10STC117(MP)
..... , did not contain the third proviso to sub-section (2). it 'was inserted by the madhya bharat sales tax (fifth amendment) act 1955 which came into force on 15-4-1955. the petitioning mills, who were assessed to sales tax, did not appeal against the assessment. they, however, ..... time of the commencement of assessment proceedings. the case of hoosein kasam dada (india) ltd., v. the state of madhya pradesh, air 1953 sc 221(b) presents a very close analogy.that was a case in which the supreme court considered the question whether an amendment ..... of the commissioner. but it does not rest there and the position becomes different because of the provisions of section 13 of the act. this section provides:'(1) within sixty days from the passing by the commissioner of any order under section 12 affecting any liability ..... v. dixit, j.1. this reference under section 13(1) of the madhya bharat sales tax act, 1950, has come up before me for hearing on a difference of opinion having arisen between my learned .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP355
..... to be abrogated from the statute book during the period of suspension of the municipality. there is no such provision in the said act from which it could be inferred. 3. in ahmedabad municipality v. mulchand, air 1946 bom 154 (e), it was held by a division bench that the state government would not be a necessary party to a ..... superseded committee, it is a revival of the old corporation and not the creation of a new one. but during the period when the order of supersession is in force, the statute makes it clear that all the members of the committee vacate their seats and that all the powers and duties of the committee are to be exercised ..... with the proper exercise of the powers in relation to these things given to the municipality under the act. 26. there is no doubt that there will be some property acquired by the municipality as owner thereof. it cannot be contended with any force that such property, on the supersession of the municipality vests absolutely in the state. the words 'shall .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP286
..... re-presented before the new authority. 3. in so far as the first point is concerned, rao, j. held in purshottam v. g. v. pandit, 1950 nag lj 520: (air 1950 nag 212) (a), that the words 'especially empowered by the provincial government in this behalf' qualify not only civiljudge, but also district judge and additional district ..... the qualifying words qualify only 'a civil judge' and not the district judge or additional district judge. the indefinite article a' before civil judge' also lends force to the argument. the definite article 'the' before district judge shows a class while the indefinite article shows an individual civil judge in whose case there should ..... barred by limitation if it is hereafter presented before a duly constituted authority? 2. under section 20-a (2) of the central provinces and berar municipalities act, 1922, an election petition is to be presented to the district judge or additional district judge or to a civil judge especially empowered by the provincial government .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP326; (1959)ILLJ41MP
..... 9. the respondent raised an objection that in view of the provisions of sections 31 and 32 of the bliopal and vindhya pradesh (courts) act 1950, this second appeal was incompetent. there is no force in this contention. it is sufficient to say that these provisions taken together do not curtail the right of appeal conferred under the code of civil ..... the propriety of the findings made against him and on that-footing to contend that there is no case to take any action against him whatever. in air 1958 sc 300 (b), while explaining the scope of reasonable opportunity contemplated by article 311(2), the supreme court has said in paragraph 18: 'in order that ..... he is allowed to attack the findings on merits. but as was pointed out by the privy council in the high commissioner for india v. i. m. lall, air 1948 pc 121 (c), though a second enquiry may appear unreasonable, that cannot affect the statutory right of a civil servant to assail the report on the merits challenging .....
Tag this Judgment!