Court : Madhya Pradesh
Reported in : AIR1959MP377
..... against the chairman (called president in the petition) and the madhya bharat muslim wakf board appointed under the muslim wakfs act, 1954, as also against the government of madhya pradesh and the union of india.2. ..... section 42 of the muslim wakfs act, 1954, provides that:--'when there is a vacancy in the office of the mutawalli of a wakf and there is no one to be appointed under the terms of the deed of the wakf, or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as ..... provision empowering a state government to remove any chairman or member in the event_of their being subject to any disqualification specified in the act or in the event of their refusal or incapacity to act or their failure to attend three consecutive meetings.provision is also made for filling up the vacancies caused in this manner. ..... in view of these pronouncements of the supreme court and the purpose and general scheme of the act as is discernible by the general survey of the principal provisions of the act made above it is futile to contend that the question regarding wakf in so far as it relates to the properties comprised therein and the right of mutawali or any person to manage the same, properly falls under ..... dated 3-11-1952, several years subsequent to the merger, was without any lawful authority. ..... ' came to an end and he no longer had any right to exercise the functions he used to do prior to merger. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP101; 1974MPLJ95
..... the authorities designated under the rules by sanctioning the application for canal water created a statutory obligation on the government for supply of canal water and this sanction was loosely spoken of as an agreement in section 30 of the act and that even if it were an agreement it was entered into by a statutory authority under statutory power and, therefore, it was outside the provisions of section 175(3).it will be seen that in karamshi's case it ..... state government may, by notification, for the whole or for any specified part of the state--(a) *** ***(b) *** ***(c) *** ***(d) *** ***(e) delegate to the chief revenue authority or the excise commissioner all or any of its powers under this act, except the power conferred by section 62 to make rules;(f) *** ***(g) permit the delegation by the chief revenue authority, the excise commissioner or the collector to any person or class of persons specified in such notification, of any powers conferred ..... the displaced persons (compensation and rehabilitation) act, 1954 authorises the central government to take such measures including that of disposal of the compensation pool in order that itmay be effectively utilised in accordance with the provisions of the act. ..... , air 1954 sc 236.the reliance by the learned judges on chatturbhuj's case was unfortunate, for that case by later decisions of the supreme court has been confined to the question of disqualification for purposes of election under the representation of the people act; see .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1973]30STC291(MP)
..... by article 301 a rational and workable test to apply would be:'does the impugned restriction operate directly or immediately on trade or its movement it is in the light of this test that we propose to examine the validity of the act under scrutiny in the present proceedings'.thus, according to their lordships of the supreme court, the real test would be whether the impugned restriction operates directly and immediately on trade or its movement and it was in the ..... as aforesaid, utilises it for any purpose other than the purpose specified in sub-section (1), he shall be liable to pay the penalty specified under sub-section (2).after the amendment section 8 stands as follows :in section 8 of the principal act,-(a) for sub-section (1), the following sub-section shall be substituted, namely :-'(1) notwithstanding anything contained in section 6 or section 7 but subject to the provisions of sub-section (3) and to such restrictions and conditions as may be prescribed, ..... 1330 their lordships while considering section 4(2) of the rajasthan sales tax act, 1954, which provided that no tax shall be payable on the sale or purchase of any of the exempted goods if the conditions specified in column 3 of the schedule were satisfied, held that where the state government is of opinion that it is ..... the merger of telengana and andhra pradesh areas the laws in operation in the telengana region continued to remain in force by virtue of the provisions of section 119 of the states reorganisation act, 1956 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP293; 1973MPLJ832
..... two points were raised before the division bench-(1) the recovery proceeding under section 225 (c) of the central provinces land revenue act was without authority of law; and (2) the indentures were not executed by proper authority as required by article 299 of the constitution, so that the contracts ..... shri sinha points out that the decision in chaturbhuj vithaldas's case, 1954 scr 817 = (air 1954 sc 236) (supra) was followed in several decisions, for instance ..... his claim was that the deputy commissioner, balaghat, under section 7 of the abolition act took charge of the entire malguzari jungles on april 1, 1951, and prohibited him from enjoying the right ..... on the first question, the division bench held that section 82 of the indian forests act was applicable to the case and consequently the revenue authorities were entitled to realise the amount due as arrears of land revenue under section 225 (c) ..... he further contends that the decision in 1954 scr 817 = (air 1954 sc 236) (supra) has been held to have been regarded either as not laying down the law correctly, or as being confined to the facts of that case (per state ..... moreshwar parashram, 1954 scr 817 = air 1954 sc 236:'it would, in our opinion, be disastrous to hold that the hundreds of government officers who have daily to enter into a variety of contracts, often of a petty nature, and sometimes in an emergency, cannot contract orally ..... . 24-b of 1954) was directly and substantially the same as ..... 24-b of 1954) for the recovery of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP39
..... the contention of the petitioner was that the returned candidate was disqualified under section 7 of the representation of the people act and the acceptance of the nomination paper was illegal. ..... moreshwar parashram, 1954 scr 817: (air 1954 sc 236). ..... as regards proof, he should have acted on the maxim 'certum est quod certum reddi potest'. ..... the other reason was that till recovery of the extra charge andpenalty had been effected the contract must be deemed to be subsisting and the disqualification contained in section 7(d) of the representation of the people act must be held to be still operating.6. ..... contention of mayadhardas, the election petitioner, was that the nomination paper of gourishankar shastri was wrongly accepted inasmuch as he held a contract with the state government & was disqualified under section 7(d) o the representation of the people act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP68
..... in that case the learned single judge distinguished the allahabad and the nagpur cases and observed that there was no merger of the order passed by the deputy custodian in that of the custodian-general when the revision was merely dismissed.we think, that regard being had to the scheme of the act with which we are dealing and the finality which is given to every order of the custodian-general, it is impossible to deal with earlier ..... with all due respect it was an error to compare the powers of the custodian-general exercised under the evacuee property act with those exercised by the high court under section 115 of the civil procedure code.revisional powers under the civil procedure code only touch upon jurisdiction, ..... the custodian-general's order affirms the order of the deputy custodian, and under section 28 of the evacuee property act the custodian-general's order is also final.if we cannot get rid of the order of the custodian-general because he is outside our jurisdiction then we cannot effectively get rid of the deputy custodian's order, even though we ..... income-tax investigation commission, air 1954 sc 207 (b), the learned single judge declined to quash the orders of the intermediate tribunals on the ground that the writ of this high court cannot reach the custodian ..... union of india, air 1954 raj 189 (m) and barkatali ..... on the 26th november 1954 dismissing miscellaneous petition no ..... -general, air 1954 raj 214 (n) ..... general,evacuee properties, new delhi, air 1954 all 433 (e).3. ..... of 1954. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP125; 1971MPLJ135
..... , held' that in air 1970 sc 1 (supra) their lordships of the supreme court were concerned mainly with the question of the merger of the order of subordinate court in that of the order of the superior court passed in exercise of its appellate jurisdiction or revisional jurisdiction and in that context made the abovesaid observations and that the said ..... extent there is distinction between the two classes of courts but in respect of the class of suits actually entrusted to the jurisdiction of special courts they perform in relation to them functions which but for the special act would have been performed by civil courts and to that extent the special courtscan be said to be civil courts in a different attire. ..... , had also held, for similar reasons, that the tribunal appointed under section 4 of the displaced persons (debts adjustment) act, 1951 was a 'civil court' amenable to the revisional jurisdiction of the high court under section 115 of the code of ..... i, therefore, hold that the claims tribunal constituted under section 110 of the motor vehicles act is a civil court and a revision petition would lie under section 115 of thecode of civil procedure against anorder passed by it in the course of proceedings ..... suryanarayanmurthi, air 1954 mad 340 interpreted the observations of the privy council to mean:'courts constituted for deciding on purely civil questions between persons seeking their civil rights must be considered to be civil courts, notwithstanding that ..... in air 1954 mad 340 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP102
..... moreshwar parashram, air 1954 sc 236,'it would .....be disastrous to hold that the hundreds of government officers who have daily to enter into a variety of contracts, often bf a petty nature, and sometimes in an emergency, cannot contract orally or through correspondence and that every .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP88
..... ramgulam choubey, 1954 nlj 124 : (air 1954 nag 255) (a), kotwal, j. ..... and berar municipalities act cannot be said to be well-based.7. ..... and berar municipalities act, 1922, to stand as a candidate for election to the office of president. ..... moreshwar parashram, air 1954 sc 256 (b). .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(3)MPHT460; 2003(4)MPLJ46
..... the demand notice by nagar panchayat after the election, is a malafide act and the election of the petitioner was not void, as stated. ..... respondent jagdish prasad submitted election petition under section 20 of the act stating inter alia that the petitioner was a contractor with the nagar panchayat, jai singh nagar and as per audit report, a huge sum is ..... the jurisdiction to entertain the petition under section 20 of the act was vested with the court below and on facts and circumstances the finding recorded, vide impugned order is not ..... , air 1954 sc 236, is as under :-- (e) representation of the people act (1951), section 7(d)--contract for supply of ..... section 7(b) of the representation of people act, 1951 defines the term of disqualification : (b) 'disqualified' means disqualified for being chosen as and for being, a member of either house of parliament or of the legislative assembly or legislative council of ..... under section 26 of the act, revision against the impugned order is limited to the extent to see the legality of the decision being ..... municipalities act, 1961 (hereinafter referred to as the 'act' for convenience), is directed against the order dated 14-10-2000, passed by adj, beohari ..... section 35 (1) (j) of the act are as under:-- (i) no person shall be eligible for election or as a president or election or nomination as a councilor if he has directly or indirectly any share or interest in any contract with, by or on behalf of the council, while owing such share or interest; .....
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