Court : Mumbai
Reported in : AIR1967Bom394; (1967)69BOMLR490; 1967MhLJ450
..... (29) every persons which may be issued out of any civil or revenue court against any government ward shall be served on the government ward's next friend or guardian for the suit. ..... (28) if, in any suit brought by or against a government ward, any civil court decrees any costs against the government wards next friend or guardian for the suit, the court of wards shall cause the cost to be paid out of any property of the government ward which may, for the time being, be in its hands. ..... (27) in every suit brought by or against a government ward, the manager of the ward's property or, if there is no manager, the court of wards having the superintendence of the ward's property shall be named as the next friend or guardian for the suit, as the case may be. ..... in this appeal, she has challenged the dismissal of her suit by the civil judge, senior division, nagpur on the ground that the suit was filed in villation of the provisions of sections 27 and 30 of the central provinces court of wards act, i.e. ..... if the appellant is not a government ward, there is no question of her being required to seek an authorisation by order in writing from the court of wards to enable her to file a suit; nor would any question of her suing by showing the court of wards, as the next friend or guardian-ad-litem, arise if the appellant cannot be treated as a government ward. ..... courts of wards act, 1899. ..... xxiv of 1899 (hereinafter referred to as the court of wards act). ..... court of wards act, 1899. . . . . . . . .....
Tag this Judgment!Court : Chennai
Reported in : (1936)71MLJ873
..... that under section 55 of the united provinces court of wards act (iv of 1912) the ward could not sue without a next friend ..... next argument o-f the learned advocate-general is that section 23 of the court of wards act makes the court (of wards in effect the guardian of the children of the ward, that by section 3 of the guardians and wards act the power and authority conferred by section 23 is saved and the high court's jurisdiction to this extent must be deemed to have been taken away and if it has got any power it can only appoint a guardian in respect of matters not covered by section 23 of the ..... under section 15 of the court of wards act, the local government made a declaration that the petitioner was a disqualified proprietor and directed the court of wards to assume superintendence both of ..... that presumption, like all others would fail in particular instances; and if an instance occurred, in which the father was unable or unwilling to execute that duty, and, farther, was actively proceeding against it, of necessity the state must place somewhere a superintending power over those, who cannot take care of themselves; and have not the benefit of that care, which is presumed to be ..... it would be tedious and would serve no useful purpose to attempt ..... illustration will serve to make that ..... i must ob serve that one of the curious features of this case has been that the petitioner has argued his case in person with a view to demonstrate, i believe, that the imputation that he is mentally .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP78
..... the actual management admittedly was in charge of the manager, court of wards, he would be the person primarily responsible for the loss, if any, under section 19(1)(c) of the central provinces court of wards act, 1899. ..... that the court of wards acted with gross negligence and allowed the recovery of the claims of the plaintiff mentioned in the schedules a and b to get barred by time; that no attempts wore made to have the amounts recovered either privately or by filing and conducting execution proceedings against the judgment-debtors, who were quito solvent and could have easily paid off the decretal amounts due by ..... that suit was filed against the kamdar who was responsible for making the realisations, and also the manager, court of wards, whose principal duty was to supervise the work of the ..... the court of wards had sufficient funds of the plaintiff at its disposal to file and conduct execution proceedings against the judgment-debtors. ..... there was a breach of this duly on the part of the provincial government and the court of wards and the loss caused to the plaintiff is the direct result of this breach of duty on their ..... their lordships did not hold the receipts as sufficient to prove the loss as against the manager, court of wards.in the present case also, the plaintiff has only filed 5 suit registers in regard to which only the writing of some of the entries by the kamdar, trimbak rao lokhare has been ..... this period, decrees were obtained against persons owing money to the estate .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP197
..... 226 and 227 of the constitution for a writ of certiorari to quash an application dated 4 september 1958 which the collector of raigarh (respondent 3) made to the district judge, raigarh (respondent 4), under section 5(1)(c) of the central provinces court of wards act, 1899 (hereinafter called the act), and also the two orders passed in pursuance of that application by the district judge, raigarh, on 25 june 1959 and 16 february 1960. ..... obviously the action taken in this case under section 5(1)(c) ibid is only a preparatory step and it may well be that the appropriate government may not sanction assumption of the superintendence of the estate by the court of wards because the petitioner is not a land-holder within the meaning of the act or because, for other reasons, it is ..... the court of wards may, with the previous sanction of the state government, assume the superintendence of the property of any land-holder owning land within the local limits of its jurisdiction who is ..... 5661-6735-xii dated 1st october, 1948 which the state government issued under clause (c) of section 2 of the act.even apart from the question whether, after the commencement of the constitution, any notification issued by the state government under the last-mentioned clause (c) would be valid in regard to the rulers of indian states, the notification itself is assailable on the ground that it declares only the rulers of a few specified states ..... of the act which govern the action taken against the petitioner .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR187; [1960]11STC399(Bom)
..... on behalf of the state, the only relevant order of appointment relied upon is exhibit p-16 which runs as follows :'in exercise of the powers conferred by section 3 of the central provinces and berar sales tax act, 1947 (xxi of 1947) the provincial government is pleased to direct that the district excise officers in charge of districts shall be the sales tax officers within the district to which they are attached for the purpose of receiving applications for registration and ..... company also claimed other reliefs, such as a declaration that it was not liable to pay sales tax and the granting of an injunction against the defendants prohibiting them from proceeding to demand, assessee or receive sales tax from the plaintiff. ..... the portions relied on provided : 'if any question arises otherwise than in a proceeding before a court whether for the purposes of this act, - * * * * (c) any dealer is liable to registration, * * * * the commissioner shall determine such question after affording the party concerned an opportunity to be heard.' ..... sheode on behalf of the appellant referred to the provisions of sections 8 and 11(5) in order to show that the registration was an initial and vital step in the process of taxation and that it was only after a dealer was registered that all his obligations and the duty to pay and the liability to be assessed arose. ..... this serves to illustrate the distinction between the tax as levied by the sales tax act and a corporation ..... the next contention raised by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP397
..... section 57 (2) of the central provinces and berar municipalities act, 1922 is as follows:'if after fresh election the new committee continues to be incompetent to perform, or to make default in the performance of, such duties or exceeds or abuses its powers to a grave extent the provincial government may, by an order stating the reasons therefor published in the gazette, declare the committee to be incompetent or in default, or to have ..... taking the action of supersession.i, therefore, am not inclined to agree with the contention of the learned government advocate that the words 'in the opinion of leave the matter entirely at the subjective will of the government and this court cannot interfere in appropriate cases even where there is failure to comply with the legal requirements or principles ..... about the charges addressed to other bodies and was not bound to reply to them.further, the charges as served on the council are incomplete and vague and reference has to be made to the correspondence addressed to other bodies ..... as regards the allegations made personally against him and generally as against the municipal administration.it was asserted that although the files had been called by the government they had been returned to shri ..... government must give adequate opportunity to the municipality to render explanation and it must apply its mind in arriving at its conclusion in face of the explanation.the application of mind must be evinced by the government having resorted to the process .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom231; (1958)60BOMLR180; ILR1958Bom493
..... the government of the former state of madhya pradesh by a notification published on 23rd october 1956 referred twenty-one demands of the employees of the corporation for arbitration to the state industrial court under section 39 of the central provinces and berar industrial disputes settlement act, ..... therefore, the question whether any particular activities are industrial activities or not can only be decided after bearing in mind the definition of the term 'industry' contained in section 2(14) of the act and examining the activities of these as well as of other departments in the light of that definition as well as of the test laid down in the hospital mazdoor sabha ..... not include persons who have ceased to be employees having been superannuated or having ceased to serve the corporation for any reason other than dismissal, discharge or removal.20. ..... observations clearly militate against the conclusion drawn by the state industrial court.13. ..... it was next urged that the dispute in question is not an industrial dispute at all inasmuch as none of the activities of the corporation of the city of nagpur can in any sense be termed as an 'industry', and that therefore the provisions of the central provinces and berar industrial disputes settlement act, 1947, did ..... the representation it is stated:'but most respectfully we would like to tell you that the employees of the corporation are not wooden frames (sic) and they are prepared to fight for their demands and against injustice to the last. .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR613
..... under the central provinces government wards act, 1885, act xvii of ..... under s.7 (1) is) of the central provinces government wards act (xvii of 1885). ..... be inferred from the letter of the 28th january 1891 from the secretariat to the commissioner of the nerbudda division that the chief commissioner of the central provinces had given his sanction to the proposal that the court of wards of the district of hoshangabad should mortgage the property of the family in order to raise a sum sufficient for the liquidation of the indebtedness. ..... was some further correspondence between the deputy commissioner, the commissioner of the nerbudda division, and the secretariat of the central provinces, and ultimately, on the 28th january 1891, the commissioner of the nerbudda division was informed by the secretariat that the chief commissioner had sanctioned the assumption by the court of wards, hoshangabad, of the management of the estate of maharajsingh and dulichand, malguzars of baherakhedi and other villages in that ..... not in their lordships' opinion necessary under section 18 of act xvii of 1885 that the actual mortgage to be made by the court of wards should be submitted to the chief commissioner for his sanction, nor was it necessary that the court of wards should have his sanction to the precise ..... the amount due for the time being on the mortgage, and in other respects affirmed the decree for sale of the district judge with costs of the appeal to his court against the then appealing defendants. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... on the other hand, however, it is to be noticed that in the corresponding central provinces court of wards act of 1894, also arising out of incapacity to manage the property on a ground corresponding to clause (e) of section 10 of the orissa act, the local government appears to have the power to make the declaration without any reference to the report of the collector or the recommendation of the court of wards. ..... it was next contended that a single member of the board of revenue was not competent to act for the court of wards and that the entire board as a body should act while so functioning. ..... , the district of sambalpur, the central provinces court of wards act of 1899 was in force. ..... (5) having regard to the report of the collector no further action appears for the time to have been contemplated, and it is not unlikely that the proceedings initiated against the petitioner by notice served under section 14 (1) were suddenly revived and his disqualification was. ..... learned counsel for the petitioner next contended that the state government did not act bona fide in the exercise of the power conferred on them by the act. ..... it is next provided in section 16 that the state government on receipt of the recommendation of the court of wards may declare the proprietor to be disqualified under clauses (b), (d), (e) or (f) of section 10 and order the court of wards to assume superintendence of his estate. ..... what has next to be noticed is the group of sections 13 to 16 and 18. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577
..... the enactments relating to land revenue, for instance, the bombay ferries and inland vessels act, bombay hereditary offices act, bombay irrigation act, bombay general clauses act, bombay court of wards act, bombay public conveyances act, bombay co-operative societies act, bombay agricultural produce markets act, bombay warehouses act, bombay taluqdari tenure abolition act, bombay police act, bombay cinema (regulation) act, sub-section (3) empowers the state government by notification to amend or delete any entry in the schedule for the purpose of ..... the law prevailing in the four districts of nagpur, wardha, bhandara and chanda was the central provinces land revenue act and the law prevailing in the four districts known as berar districts, namely, amravati, akola, buldhana and yeotmal, was the berar ..... against this decision of the high court, an appeal was taken to the privy council and the question that was agitated before their lordships was whether the provision purporting to authorize the lieutenant-governor of bengal to extend the act of 1869 to the khasi and jaintia hills, was in excess of the legislative powers of the ..... (22) it is next contended by mr.mangalmurti that sub-section (4) of section 3 of the bombay commissioners of divisions act authorised the state government to confer powers on the commissioner to do certain acts which the state government is required to do under the provisions ..... mandlekar, and appeal is pending against that order of the sub-divisional officer .....
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