Court : Madhya Pradesh
Reported in : AIR1961MP324
..... the land.18. the lease deed in this case was executed on 31-8-1940 and was for a period of thirty years. it was therefore to remain in force for 15 years more after the date of acquisition. there is a renewal clause which has been already quoted above. the lessee is entitled for renewal 'on such terms ..... only.21. the question of apportioning the compensation between the landlord and tenant has been considered in several cases. in laxmanrao v. jagannath, 1941 nag lj 620 : (air 1942 nag 32) it was observed that in the absence of any other evidence, the amount of compensation should be divided between the tenant and the landlord in accordance with ..... purposes connected with the college. at the time when the lease was executed the municipal committee had been superseded under section 57 of the c.p. and berar municipalities act, 1922, and an administrator was appointed to manage the affairs of the committee. the lease deed is executed by the administrator. the following clauses in the lease deed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
..... application by reason of section 141,c. p. c. 67. reference was also made by the learned counsel for the nawab to the decisions of the supreme court in air 1950 sc 222, province of bombay v. khushaldas, and particularly the observations of mahajan, j. in para 51 and of mukherjee, j. in para 124, where their lordships ..... with the reasoning of the bombay high court in the aforesaid case, i stick to it. 63. the full bench decision of the east punjab high court in air 1950 ep 111 (fb), bhagwanti v. new bank of india, ltd., indicates that all the provisions of the civil procedure code are not attracted for a proceeding under section 153 ..... 23, rule 3 have no application to proceedings in arbitration. 82. this contention also has no force. by section 41 of the arbitration act provisions of civil procedure code, 1908 are applicable to all proceedings before the court and to all appeals under the act. in air 1948 sind 74, motandas v. wadhumal, no doubt a view is expressed against the applicability .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP336
..... is whether the benefit of the amended sub-section (2) could be claimed for determining the profits of the previous year preceding the assessment year 1950-51 when it was not in force. the learned counsel for the petitioner urged that that could be done and for that view he relied upon commissioner of income-tax mysore, travancore ..... constitution is directed against an order dated 27 may, 1961 by which the appellate assistant commissioner, indore, rectified under section 35 of the indian income-tax act, 1922 (hereinafter called the act), an order of his predecessor-in-office dated 29th may, 1957. by the impugned order, the losses allowed to be carried forward and set off were ..... section (1) ofsection 24, it cannot be carried forward under sub-section(2) ......' (page 86 of itr): (at p. 113 of air)as shown, this decision was superseded by the indian income-tax (amendment) act, 1953 (25 of 1953) with effect from 1 april 1952. the amended sub-section (2) in terms provided that the whole loss could .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP205; 1961CriLJ114
..... as, a purely clerical post, normally unconnected with the functions of a police officer. soon he found himself in the police force; but was not sent, to any police training school or college though there was an arrangement between the gwalior riyasat and ..... indore, whose traditional rivalry in this part of the country had been in abeyance for a century and a half.upto 1950 or 1951, the old administrative set up remained undisturbed and the officers of the erstwhile riyasats continued most often at their ..... itself led to the comment. after all, as stated in muhammad gul v. hajifazley karim, ilr 56 cal 1013: (air 1929 cal 346):'in determining the question of gocd faith, the court should have taken into account the intellectual capacity of the ..... little consequence, having become, as it were, ancient history by lapse of time and in view of the states reorganisation act of 1956. still, the case itself has been fought by both parties with extreme keenness and with very considerable public interest .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1961CriLJ494
..... 426, 428, 430, 447, 448, 504, 506, 509 and 510 of the indian penal code, 1860.(b) offence under madhya bharat cattle trespass act samvat 2007 act no. 26 of 1950.(c) an offence under this act or any rule made thereunder.(d) any other offence under any other enactment declared by the government.7. one view is that since the legislature ..... special power under section 480 cr. p.c. and try the said offence if committed within its view summarily.13. the reasoning of the patna high court in air 1958 pat 94 is that: 'this exclusion would appear to have been made by the legislature deliberately, since while giving jurisdiction to gram kacheri similar to nyaya panchayat ..... or a body of judges which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially.5. section 65 of the madhya bharat pan-chayat act samvat 2006 provides:notwithstanding anything contained in any act for the time being in force in the united state such civil or criminal suits or cases .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP336
..... party could not foresee. the difficulty arose in the supreme court case because the post was delayed by one day. the case reported in sharifjan v. vishnupriya devi, air 1950 nag 37 is also one of mechanical breakdown. there, the pleader of the plaintiff had correctly entered the court in the heading of the-plaint. when the plaintiff's ..... anything approximating to his interpretation has been applied at all.13. we have a number of civil courts acts in force in different states, and naturally, every one of them has a provision similar to section 23 of the madhya bharat act. there are small differences in the wording and this section is a copy of section 26 of tbe ..... bombay civil courts act of 1869 (which controls section 8 of the same act). another type is where instead of the word .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP223
..... council in ilr 17 cal 347 (pc) (supra). as the question of limitation was not specifically for consideration before their lordships, ray, c.j., in ilr 1950 cut 253: (air 1950 orissa 125) (supra) remarked that the case could not be treated to be an authority for the proposition propounded by the majority view of the full bench. however ..... in computing the period of limitation prescribed for any suit of which notice has been, given in accordance with the requirements of any enactment for the time being in force, the period of such notice shall be excluded.' it is true that sub-section (1) of the said section mentions stay on account of an injunction or ..... would be wholly out of place. the question for their lordships' consideration was whether the word 'appeal' in article 182(2) 6f schedule i of the limitation act would include an irregular or incompetent appeal.their lordships laid down that it would include not only an irregular or incompetent appeal but would also include any application by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP158
..... a decree to a court situated in another state. the section provides that the decree is to be executed in such manner as may he prescribed by rules in force in the state where the decree is transferred for execution. section 41 of the civil procedure code provides that where a decree is sent for execution, the transferee court shall certify ..... by the judgment-debtor, against the order, dated 7-3-1960, passed by sri h. d. jha. second additional district judge, chhindwara, in civil appeal no. 11--b oi 1950, affirming the order, dated 18-11-1959, passed by sri l. p. agarwala, civil judge, second class, sausar, in execution proceedings arising out of a transferred decree, passed by ..... save limitation in favour ot the decree-holder under article 382 (5) of schedule 1 of the limitation act.in this view, i am supported by some other high courts. i shall presently refer to those cases. in radheshyam v. devendra. air 1952 pat 213, a full bench of the patna high court consisting of reuben j., imam j. ( .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP154
..... of laws ordinance (iv of 1948) which extended to the whole of vindhya pradesh all acts, codes. ordinances and other laws which were in force in the rewa state; that the laws so extended were given continuity by the vindhya pradesh (administration) order, 1950, issued by the central government; that these laws were again given continuity by an order ..... granted to him under the order of the maharaja.7. in reply, the learned advocate general did not dispute the correctness of the decision in 1958 mfc 82 : (air 1958 madh-pra 71), (supra). indeed, he could not when an application by the state of madhya pradesh for special leave to appeal from that decision was summarily ..... on various decisions of the supreme court. recently, the supreme court has in madhorao phalke v. state of m. b. c. a. no. 84 of 1954 :, (air 1961 sc 298) reaffirmed the proposition that where there is no constitutional limitation on the authority of a ruler and where he is the supreme legislature, the supreme judiciary and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP197
..... his property because of his wasteful extravagance which was likely to dissipate his property.3. the act was in force before the commencement of the constitution. it was also continued in force under clause (1) of article 372 of the constitution. although the act was covered by entry 22 of list ii of the seventh schedule it was subject to ..... for the estates of rulers of indian states'. since the provisions of the act applied to rulers and non-rulers alike,, the president, acting under clause (2) of! article 372, modified it by the adaptation of laws order, 1950, by introducing section 41 in the act which reads as follows:'the powers and functions conferred on the state government by ..... of the constitution: state of bihar v. sir kameshwar singh, 1952 scr 889: (air 1952 sc 252), vishweshwar rao v. the state of madhya pradesh, 1952 scr 1020: (air 1952 sc 252) and jagannath rehera v. raja harihar singh, 1958 scr 1067; (air 1958 sc 239). we also think that the position is implicit in the power of .....
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