Court : Mumbai
Reported in : AIR1967Bom394; (1967)69BOMLR490; 1967MhLJ450
..... as defined in the central provinces land-revenue act, 1881, and the zamindar of any zamindari in a scheduled district and includes a muafidar, jagirdar, ubarider or other assignee of land-revenue, and any person not hereinbefore specified who is interested in land and belongs to a class of which the state government has declared the members to be land-holders for the purposes of this act; provided that a person who is a government ward immediately before the vesting of his proprietary rights in the state under section 3 of the madhya ..... similarly, if a permission or authorization of the court of wards is considered necessary for purposes of a suit contemplated by section 33 by a claimant to the property, the same anomalous position will arise. ..... under section 32 no government ward can make an adoption, unless a permission in writing is given to the ward itself, without the consent of the state government obtained previously or subsequently to the adoption. ..... to manage their own property owing to- (i) their having entered upon a course of wasteful extravagance; or (ii) their failure without sufficient reason to discharge the debts and liabilities due by them; provided that no such declaration shall be made unless the state government is satisfied; (a) that the aggregate annual interest payable at the contractual rate on the debts and liabilities due by the zamindar exceeds one-third of the average annual profits of the preceding five years; and ..... court of wards act, 1899. . . . . . . .....
Tag this Judgment!Court : Chennai
Reported in : (1936)71MLJ873
..... 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 ..... into a contract of marriage; he can adopt or make a will and the court of wards cannot withhold their consent except on specified grounds ..... it was contended that under section 55 of the united provinces court of wards act (iv of 1912) the ward could not sue without ..... each of these matters i shall presently deal, but for the present it must be stated, that the rajah vigorously contends that the proposed exercise of its discretion by the court of wards (granting that any such discretion is vested in it under the law) is capricious, ..... in view of the insistence with which this matter has been argued, i have had, with considerable reluctance, to come to the conclusion (should a finding on the facts become necessary) that the court of wards has not acted 'bona fide', (i say so with sincere respect) as that term has been explained by sir francis jeune, or 'with judgment and discretion', in the words of ..... 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 generally effectual... .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP78
..... 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 provincial government had the supervision of the court of wards and it was charging the plaintiffs estate a certain percentage of its income ..... the provincial government and the court of wards together were in the position of a trustee in respect of the property of the plaintiff ..... in the view that we have taken, it is not necessary to consider whether the assumption of the management of the plaintiff's estate by the court of wards was an act of the state in exercise of its sovereign power, which exempts the defendants from-liability for the loss, if any, caused to the plaintiff during the course ..... 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 ..... 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 ..... ' it will appear from the above that no positive act was ascribed to the defendants as part of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP197
..... this is a petition under articles 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. ..... 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 to be landholders within the meaning of the act and does not cover the whole ..... not being zamindars of zamindaris in a scheduled district, declared by the districtjudge on the application of the deputy commissioner of the district in which any part of the property of such persons is situated and after such judicial enquiry as he thinks necessary, to be incapable of managing or unfitted to manage their own property owing to their having entered upon a course of wasteful extravagance likely to dissipate their property; (d) .... ....... ...... .. (e) .... .... ...... .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR187; [1960]11STC399(Bom)
..... 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 for issuing registration certificates under section 8 of the act ..... the fact necessary for the disposal of the appeal are as follows : the central provinces and berar sales tax act, 1947 (xxi of 1947) received the assent of the then governor-general on the 23rd may, 1947, and the assent was first published in the central provinces and berar gazette, extraordinary, on the ..... 37 of 1957 has been made to the court by the sales tax tribunal, bombay, under section 23(1) of the sales tax act and in it two questions have been referred to us, namely : (1) whether the authority who issued the registration certificate to the applicant had jurisdiction to do so, and if not, (a) whether the said registration certificate was not ..... the first appeal being for the period 1st june, 1947, to 30th september, 1951, will be partly governed by the provisions of the government of india act and partly by the provisions of the constitution. ..... of the applicant in the reference, messrs ganesh mahadeo lele, sharaf shop, nagpur, adopted the arguments of mr. .....
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 exceeded or abused its powers, as the case may be, and supersede it ..... council's power to sanction purchase of a jeep out of municipal fund without budgetary provision was questioned and it was asserted that section 49 (1) of the act cannot except the council from the provision of section 63 and that government sanction for such a purchase was necessary.regarding president taking leave from his duties as chairman of the standing committee it was said that the reason about his ill-health ..... given for the ultimate conclusion reached in 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 of natural justice are not followed or there ..... necessary i would have considered the merits of the charge to find out whether any provision of the act or any rule made .....
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, 1947 ..... this is a petition under article 226 of the constitution for the issue of a writ of certiorari for quashing the award made by the state industrial court at nagpur on 3rd june 1957, and for issue of such orders and directions to to the respondents 2 and 3 prohibiting them from taking steps for implementing that award ..... we have not thought it necessary to discuss the argument of shri phadke based on the difference in the definition of 'industry' contained in the local act and that contained in the central act because, in our opinion, if there is any difference, it does not affect the conclusion that all the activities of the corporation are not excluded from the operation of the local act by reason of the fact that they are undertakings carried on by local authorities and even though they ..... ' it will be seen that this section contemplates existence of an industrial dispute. ..... reliefs other than those relating to pay-scales will also have to be restricted to these classes of ..... for, without such knowledge there will be no occasion for ascertaining whether there was an industrial dispute at all, or in other words, whether the dispute alleged between the parties was or was not an industrial .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR613
..... made under the central provinces government wards act, 1885, act ..... is) of the central provinces government wards act (xvii of 1885) ..... 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 ..... 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 judicial commissioner on the 7th may 1907, on appeal, slightly varied the decree of the district judge and added a declaration that the defendants will not be personally liable for any sum by which the sale proceeds of the mortgaged property may fall short of the amount due for the time being on ..... now dead, and his brother dulichand, a defendant to this suit, who described themselves as zamindars of baherakhedi, bagalkhedi, patlai, punwasa, bamuria, and sarora, pargana hoshangabad, made a written application to the deputy commissioner of hoshangabad, in which they stated that they were indebted to the extent of about rs. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... 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. ..... but no such absolute power was vested in the government under the madras court of wards act.the orissa act of 1947, however, adopted section 12 of the madras act with slight modifications but the proviso to section 13 is a reproduction of the madras provision conferring on the court as well on the government the power 'to call for a report' on any case 'if deemed necessary'. ..... petitioner complains that there was no good ground to justify the action of the state government in ordering his estate to be, taken over by the court of wards and that the order was prompted by political motives and not made in bona fide exercise of the powers conferred on them by the court of wards act.35. ..... district of sambalpur, the central provinces court of wards act of 1899 was in force. ..... 81 says that in the case of a proprietor falling under categories (a) to (d) of section 6 (corresponding to section 10 of the orissa act) ordinarily no recommendation will be made to take over the estate if the proprietors have male advisers who are willing and capable & can be trusted to look after their affairs. .....
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 ..... 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 statement of objects and reasons indicates that the increased tempo of development, land reforms measures and other administrative requirements of the state such as the need for coordination, supervision and decentralisation made it necessary that a supervising, coordinating and inspecting agency of a higher status and powers should be established at divisional headquarters and for this ..... published in the official gazette of 29-11-1962 issued by the commissioner under section 6 of the land acquisition act will also have to be quashed inasmuch as the said notification had been issued without following the procedure prescribed by law under section 5-a of the act. ..... had been adopted by mr.kukday .....
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