Court : Madhya Pradesh
Reported in : AIR1958MP333
..... was, therefore, in the nature of a penalty and could be relieved against under section 74 of the indian contract act : hiralal hariram v. mt. durga bai, air 1937 nag 413 (r).15. the mother of nirmalchand as his natural guardian and next friend had the power ..... and in the other on the enforceability of the law. thecontention that the letters patent is no longer operative has, therefore, no force.8. clause 10 of the letters patent permits an appeal to be filed from the judgment of a single judge of the ..... the same transaction affecting the decree as a whole and not a separable agreement as was the case in venkatarayudu v. rama krishnayya, air 1930 mad 268 (z13). therefore, when nirmalchand, on attaining; majority, accepted the amount, he must be deemed to have ratified the ..... mills co. ltd. v. state of ajmer, 1955 sca 24 at p. 33: ((s) air 1955 sc 25 at p. 31) (b), is not materially different from the 'law in force', which are the words used in article 395, except that emphasis in one is on the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP197
..... matter of procedure and can only be taken away by an express provision or 'by necessary intendment: see radhakishan v. shridhar ilr (1950) nag 532 : (air 1950 nag 177) (fb) (a) and garikapati v. subbiah choudhry, (s) air 1957 sc 540 (b).8. it is axiomatic that statutes are to he regarded as prospective and more so if they take away ..... judge, class i, lay to the high court, by virtue of the madhya pradesh courts (amendment) act, 1956 (act no. ii of 1956) the (present appeal ought to have been filed before the district court.4. the amending act came into force on 1-7-1956 and it abolished the distinction between civil judges of the first and second classes with ..... the result that after the appointed date there is now but one class of civil judges. their jurisdiction now extends to rs. 10,000/-. alongside this change the amending act made alterations in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP417
..... questions would constantly arise as to which law should govern the case.' 14. it was, therefore, laid down that the english laws of maintenance and champerty were not of force as special laws in india. a fair agreement to supply funds to carry on a suit in consideration of supply a share of the property, if recovered, ought not to ..... defendant, furnish reasons for holding that' these special laws are inapplicable to these towns. there seems to have been always, to say the least, great doubt whether they were in force there, a circumstance to be taken into consideration in determining whether they really were part of the law introduced into them. it would be most undesirable that a difference should ..... at pp. 104-105) (t) and m.k. ranganathan v. government of madras 1955-2 scr 374 at p. 385 : ( (s) air 1955 sc 604 at p. 608) (u).23. the c. p. and berar indian contract (amendment) act, 1938 (act no. xv of 1938) was assented to by the governor general on 5-7-1938 and was published in the c. p .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP63
..... or such other covenanting states respectively: provided that, if any fresh transaction in respect of a loan made before this act comes into force, is made after this act comes into force, such transaction shall be subject to the provisions of this act'. 19. section 15 deals with power of the court to limit interest recoverable in the case of loans. section ..... ) save as provided in sub-section (1) no money-lender shall, after the expiration of three months from the date on which this act is brought into force, carry on his business as money-lender without obtaining a registration certificate under section 3'. 17. section 9 requires every money lender to maintain accounts for each ..... had been repealed on the date of the suit and that the trial court had assumed jurisdiction by erroneously holding that the jhabua act is still in force. 6. mr. shambhudayal sanghi who appeared for the petitioner contended that the way in which the learned trial judge has approached this question was erroneous. in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP168
..... whether or not the tribunal can order better particulars is a matter which falls to be decided upon the intention underlying the amendment. in our opinion, when the act previously contained a specific provision for the ordering of better particulars and that has been deleted, the action of the legislature must be taken to be deliberate. ..... forth full particulars of any corrupt practice, etc. a distinction is made between a statement of the material facts and particulars of any corrupt practice. under the unamended act a list of corrupt practices had to be filed. not much difference has, however, been made, though the language has been changed, between the requirements as they ..... argument in the case, via. whether the tribunal has power to strike out pleadings. even before the amendment of the act, the supreme court in bhikaji keshao joshi v. brijial nandlal biyani 1955-2 scr 428 : ( (s) air 1955 sc 810) (h) adverted to the fact that the tribunal did possess powers under the 16th rule of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP372
..... of the state of madhya pradesh is directed against the judgment and decree of the court of civil judge, class i, raipur, in civil suit no. 2-a of 1950.2. by a deed of conveyance, dated 6th february 1868, durga prasad, grandfather of the plaintiff-respondent, acquired from the secretary of state for india 2578 acres of waste ..... 299(2) must fail.'this restricted view of the meaning of 'acquisition' in section 299(2) of the government of india act was referred to by their lordships of the supreme court in state of west bengal v. subodh gopal, air 1954 sc 92 at p. 99 pr. 15, and recently in bhikaji narayan dhakras v. state of madhya pradesh, 1955 ..... act, under which the muafi was resumed, is in these terms :'every estate, mahal, village or land to whatever purpose applied and wherever situate, which was heretofore exempted from payment of the whole or part of land revenue by special grant of, or contract with the government, or under the provision of any law or rule, for the time being in force .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP21
..... rejected.13. the next point raised by mr. dwivedi is that the appellants were agriculturists and are entitled to protection under the provisions of the gwalior interest act. there is no force in this contention also. the trial court has found that the defendants had not proved that they were agriculturists. mr. dwivedi took us through the evidence led ..... brought to our notice by the learned counsel for the parties. mr. dwivedi however referred to the decision of federal court in lachmeshwar prasad shukul v. keshwar lal, air 1941 fc 5 (d), to support the proposition that the provisions of section 3 were imperative and affected the courts power to pass a decree which was not in ..... on the material aspect. costs of the appeal will be costs in the cause.a.h. khan, j.30. in interpreting the madhya bharat money lenders' act (no. 62 of 1950, samvat 2007), it must be at the outset conceded that there to nothing in the language of the statute to indicate that it is retrospective in operation. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP261
..... . if they were lawful, they cannot be questioned or challenged by the adopted son whose adoption was subsequent to these alienations.'(b) in vithalbhai gokalbhai v. shivabhai dhoribhai, air 1950 bom 289 (i), it was held that a disposition made by a will made by a sole surviving coparcener could not be challenged by a subsequently adopted son.(c) ..... executed by kodulal. no witness has been called directly to prove this fact and we have now to see whether under the circumstances of the case, we should act on the assumption that the will was executed.21. we may here mention that in girnarchand's case phulchand has admitted the genuineness of the will executed by kodulal ..... his admission.23. the will was duly registered. there is an endorsement on it by the sub-registrar that its execution was admitted by kodulal. this 13 an act performed by him in official capacity and it should be presumed that he would not make such an endorsement unless the execution was admitted before him by the testator. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP362
..... a register of public trusts and such other books and registers as may be prescribed: section 3 (2).within three months from the date on which section 4 came into force in any area, the working trustee of every public trust was required to apply to the registrar having jurisdiction for the registration of the public trust. the application had to ..... the three cases which have been decided today: m. p. no. 455 of 1955 (c) and m. p. no. 572 of 1955 (d) and m. p. no. 25 of 1950 (e).the bench has pointed out that after the registrar had given findings in the case he is required to enter the findings in the prescribed register and to publish ..... attention to a ruling of their lordships of the supreme court reported in ratilal panachand gandhi v. the state of bombay, 1954 scr 1055: (air 1954 sc 388) (g), where the power to enact the bombay act was taken to follow from these two entries.in the alternative, the answering respondents contend that the canon law makes elaborate rules for the administration .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP44; (1958)IILLJ425MP
..... learned counsel appearing for the petitioner, that suspension with retrospective effect was a contradiction in terms and that in the madhya bharat civil services rules (punishment and appeal), 1950, there was no provision giving the government power to order suspension with retrospective effect, and that on 3rd january 1956, there was even no rule under which ..... petitioner did not actually work from 31st january 1954, upto 3rd january 1956, cannot revive the suspension which under the decision of the supreme court in (s) air 1955 sc 600 (al) could not be revived.9. as to the learned government advocate's preliminary objection that the petition was not maintainable inasmuch as it ..... from 31st january 1954 till 3rd january 1956 is quashed and the opponent state is restrained-from giving any effect to that order and from acting thereon or causing it to be acted upon to the extent mentioned above. the petitioner shall have from the opponent costs of this application. counsel's fee is fixed at rs .....
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