Court : Madhya Pradesh
Reported in : AIR1959MP58
..... for which payment was still to be made. it appears that these pumps were fitted on or about 1 november, 1956, mainly to provide water for the police force which was to be stationed in the neighbourhood. shri chitale contended that in so far as the five contracts were concerned, even ifthey were contracts, they were with ..... two persons, and they appeared before us through counsel. the question whether they should be joined for the purposes of the cross-objection only, loses all its force because at the hearing shri mahajan stated that he did not claim any relief against umraosingh and mannulal and did not question umrao-singh's election for the ..... . reached this conclusion in relation to the provincial insolvency act. and referred to a full bench decision of the madras high court reported in alagappa chettiar v. chockalingam chetty, ilr 41 mad 904 : (air 1919 mad 784), in his support, shri dabir, who appeared for the appellant referred to air 1950 mad 379 (supra) and stated that ilr 41 mad .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP397
..... be constituted as such under section 5'.it therefore follows that the term is used with reference to a local authority functioning as a municipality at the time the act came into force or constituted as such thereafter. it is also used with reference to area of a municipality obviously in section 208 it is with reference to the former meaning ..... substitute its views, arrived at by ultimate examination and analysis, in place of that of the government, the order ought to fall as a whole.it was held in air 1954 sc 179 (e), that where one of the two grounds for detention is nonexistent or unsubstantial, to hold that the other ground which still remains is sufficient to ..... of provision for calling for explanation from the board with regard to the action of supersession proposed to be taken.29. in income-tax commr. v. macmillan and co., air 1958 sc 207 (j), their lordships of the supreme court had occasion to consider the affect of the presence of the aforesaid phrase in section 13 of the indian .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP145
..... even from an order made under section 90(3). as at present advised, we see no reason to depart from that view. the preliminary objection has, therefore, no force.7. we shall now deal with two preliminary points on which the tribunal dismissed the election petition. the first relates to the non-joinder of ram ratan as a ..... respondent. he would be a necessary party under section 82 of the act, if he is deemed to be a contesting candidate. the contention of the learned counsel for the appellant is that the term 'contesting candidates' includes only those candidates ..... madh pra 214) and shivaprasad v. chandrika prasad 1958 mplj 292: (air 1958 madh pra 226) that what the law requires is that there should be a real and effective compliance with the provisions of section 117 of the act. if, therefore, the defect is of a formal or technical character, it would not entail dismissal of the election .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP413; 1958CriLJ1485; (1958)IILLJ585MP
..... for were it not so, he would not have been promoted on two subsequent occasions. this decision was taken by a competent authority and it was acted upon and it remained in force for four years. then after four years, the succeeding authority in the words of the privy council cannot purport to enter upon a reconsideration of the ..... .thereafter he continued to be in service and on two subsequent occasions was promoted to higher grades also. on the formation of madhya bharat state, sometime in year 1950, he was served with a notice by the revenue minister of madhya bharat state to show cause why he should not be dismissed from the service in connection with ..... enter upon a reconsideration of the matter so as to arrive at another and totally different decision. i would refer to r. t. rangachari v. secretary of state, air 1937 pc 27 (a), in which their lordships of the privy council made the following observations :'in a case in which after government officials duly competent and duly authorised .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP141
..... word 'except' which precedes them, and, therefore, parliament was also competent to provide an appeal for decision of the election dispute. the preliminary objection has also no force on another ground.since an appeal is only a continuation of the original lis, the power of the parliament, under article 329(b), would also extend to providing an ..... he rendered to the said company, he made a monetary gain which would amount to 'profit' within the meaning of section 7(e) of the act : see ravanna subbanna v. g. s. kaggeerappa, air 1954 sc 653 at p. 650. it is not, therefore, necessary for purposes of this appeal to consider whether the term 'profit' should be ..... to the state legislative assembly was rejected.as a matter of fact, no endorsement accepting a nomination paper, is required to be made under section 36 of the act, unless an objection has been raised and dismissed. it does not, therefore, appear probable that the returning officer would have made an endorsement recording the validity of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP102
..... vary these conditions. 16. the question of the appointment of an umpire has been settled by a division bench of this court in tikaram v. hansrai, 1954 nag lj 204: (air 1954 nag 241), to which one of us (chief justice) was a party. it has been held there that the failure of the arbitrators to appoint an umpire does not ..... take away the right of appeal given under section 104 (f) to a person aggrieved by an order filing or refusing to file an award: see also jayantilal v. surendra, air 1956 nag 245. the appeal agair.st the impugned order is, therefore, competent even though it was followed by a decree. if the order is set aside, the decree which ..... the notice must have reached him in due course on the same day, and, therefore, his application, dated 4-12-1950, under section 17 of the arbitration act, being barred by limitation under article 178, schedule i, of the indian limitation act, could not be the basis for passing a decree in terms of the award. 11. the lower court relied upon the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP3
..... that on 27th december 1927 the transfer of property act was not in force in the former dhar state when the oral contract to sell was concluded and there could be a valid oral contract to sell; that the transfer of title ..... of the contract to sell, his application was opposed by the present plaintiffs and that he was not made a party does not in any way alter the position. in air 1927 p. c. 108, on the basis of which it was argued that the decree for specific performance obtained by the plaintiffs was not binding against the appellant, ..... the decree obtained by the plaintiffs therein. in support of his contention, mr. sanghi relied on waman ramchand v. dhondiba krishnaji, ilr 4 bom 126 and kala chand v. jagannath air 1927 p. c. 108.5. in reply, mr. chaphekar, learned counsel for the respondents, submitted that the mortgages of 1938 and 1943 were not binding on the plaintiffs; .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP50; 1959CriLJ199
..... that an election tribunal is a court.5. in another case virendar kumar v. state of punjab, (s) air 1956 sc 153, their lordships while considering whether proceedings under section 36 of the representation of the people act were before a court or not, observed :'while the proceedings before the election tribunal approximate in all essential matters to ..... or not? in a case, advocate-general, burma v. maung chit maung, 1940 rang lr 188 : (air 1940 hang 68), it has been observed by a special bench that 'the words subordinate court in the contempt of courts act, are used in a wide sense so as to indicate any court over which the high court has superintendence ........ ..... in bhopal.11. although with a view to check the summary and unrestricted jurisdiction of courts in treating contempt, the indian legislature has enacted 'the contempt of courts act (act no. 12 of 1926)', yet what constitutes 'contempt of court' has not been defined. in england the law has its roots in common law. blackstone in his .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP172
..... tile part of the plaintiff to charge interest, and consequently interest could not be charged at the rate stipulated in the mortgage-bond. the contention has no force. there is ample evidence to show that the plaintiff sabha did intend to charge interest on the amounts advanced and the defendant also agreed to pay the same ..... promissory note nor the mortgage becomes unenforceable for that reason.13. it is not disputed that the plaintiff society being a registered society under the societies registration act is a corporation or a quasi-corporation capable of entering into a contract. the registration confers on the plaintiff sabha a legal personality and consequently any contract entered ..... though, no doubt, the directors acted in breach of their duties. the principle laid down in the aforesaid four english cases cited in paragraphs 14 to 17 above was approved. the bombay case was followed by the madras high court in ahmed sait v. bank of mysore ltd., ilr 53 mad 771: (air 1930 mad 512).19. as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP43; (1959)IILLJ187MP
..... -ordinate in authority) with the defunct i.g. of police in the erstwhile gwalior state.16. the result is that the application is without force. the rulings reported in air 1956 madh-b. 259 and air 1957 mp 128, the principles of which, i accept, have no application to the present case. the application is dismissed, costs pay-able ..... should have been a criminal prosecution and not a departmental inquiry. both the grounds are misconceived. section 34 of the madhya bharat police act (76 of 1950) does provide that any charge under that act against a police officer above the rank of a constable should be inquired into and determined by a magistrate; but that section applies only ..... madhya bharat police (powers of officers) rules, 1949 made under section 7 of the united states of gwalior, indore and malwa police act of 2006 which corresponds to section 42 of the new act of 1950. we are not directly concerned with the mechanics of appointment of s. is. in the madhya bharat under these rules. but it .....
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