Court : Madhya Pradesh
Reported in : AIR1957MP12; [1957]8STC313(MP)
..... shri kolhe could not be held to have acquired jurisdiction to assess the petitioner even on the basis of his pecuniary jurisdiction and the assessment made is devoid of any force even for this reason. 9. the petitioner has impleaded the chief secretary to the government of madhya bharat, the commissioner, sales tax, and the sales tax officer, ..... in the return filed by the commissioner, it is contended: 1. that on 22-7-1954 the petitioner applied under rule 46 of the madhya bharat sales tax rules, 1950, for transfer of his assessment case from the jurisdic-tion of shri pancholia, the assessing authority, indore, on the ground that he was personally preju-diced against the petitioner ..... the learned counsel referred to the decision of the supreme court in bidi supply co. v. union of india, air 1956 sc 479 (a). 33. the supreme court case was a case decided under the indian income-tax act. the assessee in that case was manufacturer and seller of bidis and had its principal place of business at .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP157
..... inspection at the time the goods were loaded and they gave way during the course of the journey, or rain water entered by great force of winds through the crevices in the doors. in either case, the railway administration cannot be held to be guilty of misconduct: see ..... the defendant was described as 'the dominion of india, ministry of railway, central government, new delhi'. on amendment of section 79, civil procedure code, in 1950, after the advent of the constitution, the word 'union' was substituted for 'dominion'. the suit was defended on behalf of the great indian ..... 51 (b) which had followed dominion of india v. firm museram kishunprasad, ilr, (1950) nag 212 : (air 1950 nag 85) (c) was referred to and distinguished.the nagpur case had arisen before the indian independence act was passed, and appears not to be intended to apply to cases arising after that ..... , when it could be caused in the long course of the journey on account of natural forces.11. the appeal is dimissed with costs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP50
..... point was raised on behalf of respondent no. 1 that there was inordinate delay in filingthe writ-petition and on that ground alone the petition should be dismissed. there is force in this contention, as the order of the board of revenue waspassed on 15-4-1955 and the petition was filed on1-2-1956, i.e., nearly 9-1/2 ..... , he should be deemed to have sanctioned the proposed building absolutely under the proviso to sub-section (1) of section 99 of the act. there is no force in this contention, as the proviso required a further written communication by the petitioner calling the attention of the president to the omission or neglect and when after such ..... 519(air 1950 sc 211) (b) and gurubachan v. state of bombay, 1952 scr 737: (air 1952 sc 221) (c).7. in my opinion, sub-section (2) of section 99 of the c. p. and berar municipalities act, 1922, does not give the executive authority an absolute power to refuse sanction. there is a guidance by the legislature as to the conditions under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP93; 1957CriLJ853
..... . it was also pleaded that the suit was barred under article 14, schedule i of the indian limitation act, 1908, as it was instituted more than one year after the date of the seizure of the articles. both these contentions have mo force.the order made under section 524(i) did not determine the right to the articles finally. in spite of ..... . tribhovan. manekchand, ilr 9 born 131 (a) and wasappa v. secy. of state, ilr 40 bom 200: (air 1915 bom 227) (b), as regards the plea of limitation, the seizure of the articles was only an act for the benefit of the rightful claimant. such act is not, therefore, necessary to be set aside, and consequently article 14, schedule i of the indian .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP54
..... more question was raised on behalf of the accused. this was that section 11 of the madhya bharat maintenance of public order act (7 of 1949), became ultra vires after 26-1-1950 when the constitution came into force by reason of article 13 of the constitution. reliance in this connection was placed upon the decision of calcutta high court reported ..... procedure by which these restrictions are imposed. i may again quote observation of kania c.j. in khare's case, 86 cal l.j. 83 at p. 86, (air 1950 s.c. 211) at p 214 (f). 'while the reasonableness of the restrictions has to be considered with regard to the exercise of the right, it does not necessarily ..... of the constitution.' 21. the above quoted observations contain complete discussion of the pros and cons of the question under consideration. 22. the observations of the supreme court in air 1952 sc 196 at p. 200 (e) quoted above relied upon by mr. shiv dayal have no hearing upon the present controversy. they are only directed towards explaining .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP85
..... the appeal with costs on account of abatement. on the question whether such an order would be the starting point of limitation under article 182 (2) of the indian limitation act, thom, c. j., on comparison of the facts of the case before him and those of gohur bepari v. ham krishna shaba (f) (cited supra), observed as ..... the appeal, the appeal stood dismissed without further order.'13. the same view was held by the judicial committee in abdul majid v. jawahir lal, ilr 36 all 350: (air 1914 pc 66) (c), which was also a case where the appeal was dismissed for want of prosecution, although after admission, lord moulton, delivering the judgment in the case, ..... referred to above were followed.15. all these cases, however, arose under article 179 of the old act which corresponds with article 182 of the present act. they were considered by the judicial committee in abdulla asghar ali v. ganesh das vig, air 1933 pc 68 (e), in which a distinction was drawn between an appeal in which the dismissal was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP32
..... writ proceeding under article 226 of the constitution;(viii) that the petitioner had availed herself of the remedy open to her under section 16 of the act no. 31 of 1950 and had applied to the custodian for restoration of her share in the property of haji mohammad. the writ application was under the circumstances misconceived and ..... order merely dismisses the revision application and confirms the custodian's order and therefore it is the custodian's or the assistant custodian's order that remains in force would be creating an anomalous position in that whereas on the one hand the writ would prevail, on the other hand the custodian general's order would ..... , keeping the order of the dy. custodian general intact. it has been held bythis court in munshi nizamuddin v. p. s. lawale,1955 nag lj 732: (air 1956 nag 65) (k) that onan application for certiorari both primary and appellate authorities should be impleaded though thejudgment may be one of affirmance. section 27of the administration .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP60
..... can do at any time after the passing of the act. 43. in (s) air 1956 sc 246(1) it was pointed out by their lordships of supreme court that when by an act of legislature power is conferred upon the government to appoint a day from which the act would come into force the act becomes an existing law and at least the provision regarding ..... court reported in venkateswaraloo and other v. superintendent, central jail, hyderabad state air 1953 sc 49 (h) and tangal kunju musaliar v. venkatachalam patti, (s) air 1956 sc 246 (i). relying upon those decisions he contended that if the body is to have automatic incorporation when the act comes into force every member of the body ought to exist before the body comes into .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP97; 1957CriLJ854
..... the district magistrate has been empowered to exercise 'all or any of the powers of a court under sections 75 to 77 of the code of criminal procedure then in force in madhya bharat' to secure the attendance of any person against whom an order under section 49 is proposed to be made. if the district magistrate were functioning as ..... in the judgment of mahajan j. in the bharat bank, ltd., delhi v. employees of the bharat bank ltd, air 1950 sc 188 (c).applying the tests indicated in these cases for determining whether a body or an authority is acting its an executive authority or as a court while discharging a particular function or duty, there can be no doubt that ..... in making an order of externment against any person under section 49 (2) of the police act, the district magistrate acts as an executive officer and not in his capacity as a presiding officer of the court of a magistrate under the code of criminal procedure. this is patently .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP203
..... by a two storied building having a cornice 22 feet from the ground with the result that accumulated water came down with greater force. it was, therefore, held that an additional burden had been imposed upon the plaintiff's land. the facts in this case ..... the easement was not destroyed, the appeal was dismissed.8. gale at page 259 of his treatise on the law of easement (1950 edition) succinctly lays down the rule on the point thus :'the right of eaves-droppings will not be lost by raising the ..... question of height alone and therefore are inapplicable to the facts of the present case.7. in karam ilahi v. ghulam mustafa, air 1927 lab 492 (h); the facts were that there was parnala or a water-spout on the roof of the defendant's ..... the house to a greater height had increased the burden. the lower appellate court thought that under section 43 of the easements act a material increase in the burden of the easement by a permanent change in the dominant heritage may extinguish the easement right itself .....
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