Court : Madhya Pradesh
Reported in : AIR1962MP117
..... in this view that an unregistered money-lender can recover a loan advanced by him if he has at the time of the suit a registration certificate which is in force. this is clearly inconsistent with the construction sought to be placed upon section 11-f to the effect that the contract must be regarded as impliedly prohibited, which, ..... any of the districts of the state. the meaning of the word 'valid' has to be gathered in the light of two other provisions. a registration certificate is in force for a limited period. also, when it is granted for one district, it does not entitle its holder to carry on the business in another district. having regard to ..... from the words therein employed.in this situation, i am entitled, and indeed bound, to consider other parts of the act whichthrow light on the intention of the legislature. for this view, hariprasad's case 1957 scr 121 : ((s) air 1957 sc 121), (supra), relied upon by the counsel, is itself an authority. their lordships of the supreme court .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP280; 1962MPLJ281
..... a summary procedure for recovering it by selling the land. charges created by operation, of law also fall under section 100of the transfer of property act and can be en-forced only by suits under that section readwith order 34, rule 15 of the code of civilprocedure. it was for this reason that specialprovisions prescribing a ..... not affected by an amendment of the madhya bharat sales tax act, 1950, which freshly imposed payment of the entire assessed tax as a pre-condition for filing a revision. speaking about review, the judicial committee stated in chhajju ram v. ncki 49 ind app 144 : (air 1922 pc 112) that ''the right is the creation of ..... of dismissal having been passed before the constitution and rights having accrued to the appellant state and liabilities having attached to the respondent before the constitution came into force, the subsequent conferment of jurisdiction and powers on 'the high court can have no retrospective operation on such rights and liabilities. even if the order of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP180
..... or rules made by competent bodies before the making of the constitution of india may, by reason of the transitory provisions, continue to have constitutional validity and binding force. such acts or rules may contain provisions conferring certain powers on the governor. therefore there are many ways by which a power may be conferred on the governor qua governor, ..... and the defect which the old law contained and the remedy provided by the constitution to remove that defect (see bengal immunity co., ltd. v. state of bihar, (s) air 1955 sc 661 at p. 674). article 361, so far as is material here, is as follows :'361. (1) the president, or the governor of a state, shall ..... strictly construed and a construction that would have the effect of abridging the right of a person under article 226 of the constitution should not be accepted.in regard to air 1954 andh pra 9 (supra) relied on by the learned counsel for the respondent no. 4, it was said that the observations in that case with regard to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP210
..... of land is completed or falls through. such defence, to my mind, does not run counter either to section 91 or to section 92 of the evidence act.22. the decision in air 1954 sc 345, upon which the learned counsel for the appellant relies, has no application. there it was held that where there is prima facie an ..... is fulfilled, or, to put it in another form, it is necessary to distinguish an agreement in defeasance of the contract from an' agreement suspending the coming into force of the contract ...17. mr. sanghi contended that in the present case the transaction of sale was not operative at once and could remain suspended until the agreement of ..... evidence of some other matter stands exactly on the same footing as evidence that the defendant's signature was forged.'their lordships further observed :-'in ilr 38 mad 226 : (air 1915 mad 855), mottayappan v. palani goundan, banseon and sundara ayyar, jj., have expressed the opinion that oral evidence to show that a document was never intended to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP125; 1963CriLJ442a
..... or in a cognizable offence, does not amount to a complaint (see emperor v. babulal, ilr (1936) nag 50: (air 1936 nag 86), which has been followed in the case of hatimali v. the crown, ilr (1950) nag 87 : (air 1950 nag 38). it cannot be also disputed that the police have been empowered to lodge reports of offences under the motor ..... vehicles act in courts and prosecute the offenders. the initiation of the prosecution, therefore, is on a report of facts constituting ..... be set aside.5. the learned sub-divisional magistrate to hold the charge-sheet to be a complaint has relied on the case of state v. meera sahib, air 1957 trav-co. 132, which is a case under the motor vehicles act and which relies upon king emperor v. sada, ilr 26 bom 150 (fb), mehr chiragh din v. emperor .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP276
..... retrospective in effect, it was further held that such a decree was not executable even after the coming into force of that act.7. the learned counsel contended that in arriving at his decision, in firm kanhaiyalal somani's case, air 1956 nag 273 (supra), the learned judge did not take into consideration the various changes that had been ..... the territories of the various provinces in former british india and the indian, states shall be executable by all the courts in india after the 26th of january, 1950. in an action in personam' against a non-resident foreigner the principles of international law afforded protection to the defendant from an ex parte decree passed against him ..... , to reach such a conclusion by implication from the subsequent changes in the law and the political set-up, which have taken place after the 26th of january, 1950, would, in my opinion, be extremely hazardous and opposed to the interests of public justice.9. for the reasons seated above, i am of the opinion that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1962CriLJ817
..... a case the proper course would be to proceed with the ease and to record a finding of acquittal after taking the evidence. in jagmal raja v. the crown air 1950 e.p. 83 a doubt has been expressed whether section 249 is intended to be applied in cases where there are no special or unusual circumstances making it difficult ..... of the liquor could not be -regarded as possession on his own account so as to make him liable to any punishment under sees. 6 and 15 of the act. on this reasoning the learned trial magistrate acquitted shantilal directing that the case shall proceed only as against bhagwan-das.3. the sole question that arises for determination in ..... circumstances in which the order of acquittal was passed are these. on 9th july i960 a challan in respect of offences under sections 6(1) and 15 of the act was presented in the court of the additional district magistrate, raipur, against the respondent and one bhagwandas. the accused persons were present in the court on this date. thereafter .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP202
..... water course there had been interruption of the right which had lasted for more than a years. contention on the basis of section 27 of the limitation act as in force then was raised. their lordships held the section inapplicable as the rights according to their view, could properly rest on the principle of presumption of lost grant ..... venkataramana rao, j., after referring to the divergent views taken by abdur rahim, j. and phillips, j., in kuniparambil parkum v. kottiammoo, ilr 42 mad 567 : (air 1919 mad 339) observed :'whichever view is correct, in my opinion the principle applied by bankes, l.j. to the case of a copyhold can legitimately be applied to the ..... state, a right cannot be acquired under section 15 unless the period of enjoyment under conditions laid down in the section lasts at least for sixty years. in air 1934 mad 575 varadachariar, j., repelled the contention raised on behalf of the plaintiff claimant whose enjoyment had not lasted for 60 years as against another tenants' .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP249; 1963CriLJ161; 1963MPLJ382
..... by section 549 of the code of criminal procedure. under that section,'the central government may make rules consistent with this code and the army act ..... as to the casesin which persons subject to military, naval, or air force law shall be tried by a court to which this code applies, or by court-martial.....'the central government has made rules in exercise ..... contained in a charge-sheet have been drawn up.6. to appreciate the contentions a few more factsmay now be noted.under the scheme of the army act, 1950 (act no. 48 of 1950), hereinafter called 'the army act', offences have been categorised into four categories;(1) offences which are not offences under the civil law but which for the first time have been created .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP301
..... both. suing the governor-general would not make the railway administration a party as it is not only contrary to the scheme of the act but would also make section 80 of the act inoperative.'but even after 1950, the section has been allowed to remain just as before, without any material adaptation or amendment, and the ruling continues to be ..... . not only is the section worded clearly, but also is the position in this regard cleared by authority for example, in dominion of india v. firm museram kishunprasad, air 1950 nag 85 (judgment of 28-9-1947).'merely suing the governor general as representing the entire state owned railways (at least before the indian independence ..... 77 might not apply if it is a claim based on tort and not breach of contract.a similar view was held in sundarji shivji v. secretary of state, air 1934 pat 507, where the misconduct on the part of the railway administration was conversion. in these and some decisions of a similar nature, the courts have distinguished between .....
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