Court : Madhya Pradesh
Reported in : AIR1959MP276
..... as a separate entity with separate existence and personality tor the purpose of a suit under section 80 ibid: dominion of india v. firm musaram kishunprasad, ilr (1950) nag 212: (air 1950 nag 85). 17. the lower court also felt that the provisions of section 77 were substantially observed even in regard to the s. s. light railway because, ..... court's view that the contents of the two documents are substantially the same and the contention of the defendants is without force. 11. in regard to the notice ex p-10 under section 77, railways act, dated 4-5-1948, the lower court took the view that this was not a case of loss by the railway ..... delivery of the consignment were, therefore, attributable to the misconduct of the railway administrations concerned or their servants. the plaintiffs served the usual notices under section 77 of the railways act and section 80 of the civil procedure code and claimed against (i) the dominion of india for the g. i. p. railway, and (ii) the managing agents of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP151
..... by a division bench of the madhya bharat high court on 2nd december 1948, that is before the madhya bharat high court of judicature act 1949 came into force, and as section 25 of the act was not retrospective, the appeal was incompetent. this objection was upheld and the appeal was dismissed by the full bench.the plaintiff then ..... enforced, then, as i have already said, the court ought to dismiss the claim, irrespective of whether the pleadings of the defendant raise the question of illegality.'in (1950) 1 kb 359, devlin, j., while accepting the submission of the counsel for the defendant in that case that the illegality which he had found depended on the ..... if the true meaning of the clauses referred to above is regarded as doubtful.the privy council observed in vatsavaya ven-kata subhadrayyamma v. sri poosapati venkatapati raju garu, air 1924 p. c. 162 that in the construction of written or printed documents, it is legitimate in order to ascertain their true meaning if that be doubtful, to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP218; (1959)ILLJ618MP
..... , under rule 52(2) of the gwalior co-operative societies rules, sm. 1997 framed under section 78 of the gwalior co-operative societies act, 1997, continuing at the time to be in force, as being deemed to have been made under the corresponding section 82 of the madhya bharat co-operative societies ..... raised from time to time in the courts, and before the supreme court itself in nagpur electric light and power co., ltd. v. v. k. shripati rao air 1958 sc 658 no straight answer has yet been given. however, the considerable body of case law that has already developed, gives unmistakable indications. unlike article 32, ..... rules and regulations as might be made under it. the joint stock companies are a genus by themselves; other genera are the societies registered under the societies registration act, and cooperative bodies constituted and working under different state enactments. they are not departments of government, or statutory corporations, but are private juristic persons, subject certainly .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP195
..... being heard by the government. the corresponding provisions of the amending rales of 1949 should, according to him, apply only to assessment commenced after the rules came into force. it may be mentioned that after the formation of the united state of gwalior, indore and malwa--and later madhya bharat the authorities mentioned in rules 2 and ..... it existed in the government at the relevant time.10. accordingly, we hold that the rules of 1949 are valid and have the force of law. they are in the nature of an amending act modifying the original rules of 1927.11. it is next urged by shri parpia on behalf of the petitioner that these rules introduce ..... 1954, the conditions prevailing in 1950, when the finance act was passed, should be considered. the circumstances which are material are those which prevailed in 1954. this is clear from principle (e) laid down in ramkrishna dalmia's case, air 1958 sc 538, quoted above, which expressly refers to 'the state of facts existing at the time of legislation .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP253
..... provided as follows :'the company agrees to pay to the municipality existing rates if these are continued at the rates now in force. such taxes would not exceed in the amount in the aggregate to rs. 100 per annum. should the rates of these ..... the demand for the amount of rs. 67,775-5-0 towards the alleged water rate for the period from 24-4-1950 to 31-3-1953 through coercive process. the plaintiff's claim for an injunction regarding the period subsequent to-31-3-1953 ..... case of municipal committee. sagar v. rajaram, 1955 nag lj (notes) 280 and kashinath oke v. tukaram nilkanth oke, (s) air 1956 nag 195. the said cases do not advance the respondent's contention in any way.10. although the view of the trial ..... processes.4. in view of the threat of the demand being recovered by coercive processes under the provisions of the bhopal municipalities act, the appellant filed a suit for permanent injunction restraining the respondent from recovering the amount. the appellant, in the plaint, alleged .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP127
..... been set up by a rival party or is a dummy or that he would withdraw from the election contest through force or allurement are all aspersions on his 'candidature' because they go to the root of the reality of his desire to ..... had the power to make a law for decision of an election petition by an election tribunal.' the objection has thus no force and it is overruled. 12. we may now shortly recapitulate certain well established principles, which govern the decision of such cases ..... through an election petition, any further challenge in an appeal is impliedly barred. in our opinion, the argument is misconceived. the act is a special law, as envisaged in the constitution, providing for the determination of election disputes by election tribunals. it further ..... (of ele lr): (at pp. 212-213 of air). 3. due proof of a single act of bribery by or with the knowledge and consent of the candidate or by ms agents, however insignificant that act may be, is sufficient to invalidate the election. the judges .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP284; 1959CriLJ983
..... whatever manner yeshwantrao got the key, ranjie kumar must be held negligent and must be held to have disobeyed the rules, unless it was found that there was any force or fraud used against him. specific and detailed rules have been proved by the authorities only with the object that such disasters may not happen. 42. for these ..... part of ranjit kumar. 38. the distinction between culpable rashness and culpable negligence has been aptly described by holloway j., in these words : 'culpable rashness is acting with the consciousness that the mischievous and illegal consequences may follow but with the hope that they will not and often with the belief that the actor has taken ..... supreme court have laid down the guiding rule in the case of awadh 'behari sharma v. state of madhya pradesh, (s) air 1956 sc 738 as follows : 'in a prosecution under section 101, railways act, of a station master in connection with a collision at his station, the crucial issue, to impute negligence on the part of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP288
..... run under article 182(5) from the date of the decision of the appeal. so also in rameshwar v. rajendra ilr 30 pat 338: (air 1952 pat 8) and in harit krishna v. anil krishna air 1950 cal 370 the appeals were made by the unsuccessful judgment-debtors but the limitation was held to run from the date of the decision of ..... his appeal was dismissed by the high court.5. while considering this question, the cases decided before the amendment of article 183 (5) by the indian limitation (second amendment) act, 1927, are not to be taken into consideration, for before the amendment, clause (5) of article 182 made the date of applying for execution or to take some step in ..... in appeal by the learned single judge.3. the learned counsel for the decree-holder rested his case only upon article 182 (5), schedule i, of the indian limitation act, 1908, which is reproduced below:cree or order of anycivil court not provided for by article 183 or section 48 of the code of civil procedure, 1908.certified copy of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP387; 1959CriLJ1337
..... these circumstances the accused could not be held guilty under section 14 of the foreigners act. he relied upon the decisions reported in air 1951 cal 474, 8. a. shervashidze v. government of west bengal, 51 bom lr 852: (air 1950 bom 101), in re antonius raab, and (s) air 1955 sc 367, hans muller v. superintendent, presidency jail, calcutta, in this ..... of india'. (see section 2(b) ofthe citizenship act, 1955. pakistan is included in the first schedule.) therefore, there is no manner of doubt that on the day that ..... . section 2(a) of that act defines a foreigner as 'a person who is not 0 citizen of india'.now, a citizen of india on the relevant dates when the orders against the respondents were passed, meant 'a person who, under the citizenship 07 nationality law for the time being in force in india, was a citizen or national .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP22
..... to the landlord before a suit was filed against him for the purpose: (see sub-sections (2) and (4) of section 7 of the act.on coming into force of the act, the court of the civil judge, murar, returned the plaint in the suit for presentation to the proper court. the tenant (respondent) thereupon filed the ..... in its supervisory jurisdiction if substantial justice has been done. even in case of want of jurisdiction, as held in indra narayan kundu v. girindra nath, air 1952 cal 192, it is not obligatory on the high court to interfere in the exercise of its power of supervision under article 227 of the constitution, ..... 1950), hereinafter referred to as the 'madhya bharat act'.2. the facts relevant for the purpose may shortly be stated. the petitioners are the landlords, while the respondent is the tenant of certain premises situate in murar (former gwalior state). in 1948, the sthan niyantran visheshagya, gwalior state, samavt 2004 (hereinafter referred to as the gwalior ordinance) was in force .....
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