Court : Madhya Pradesh
Reported in : AIR1957MP118
..... next contended that even if it be held that the madhya bharat land records manual was applicable, still by reason of provisions of section 11 (b) of volume 1, chapter i, he cannot be dismissed unless he is initially given a warning and he fails to improve.17. as regards the second and the third ground it was contended that ..... down in the rules, the matter becomes justiciable and a petition for the issue of writ is competent. this decision was followed in shrivastava v. i. g. of police, air 1957 nag 18 (b). reliance further was placed upon the decision in high commr. for india v. i. m. lall, air 1948 pc 121 (c) and further on joseph john ..... actual punishment to follow is provisionally determined on, that the statute gives the civil servant an opportunity for which sub-section (3) of section 240 of the government of india act, 1935 (which corresponds to article 311) makes provision and that at that stage a reasonable opportunity has to be afforded to the civil servant concerned. it was also held .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP333
..... of the letters patent permits an appeal to be filed from the judgment of a single judge of the high court. such appeal has, under rule 6, part i, chapter 1, of the high court rules, to be heard by a bench consisting of two judges other than the judge from whose judgment the appeal is preferred. the rule-making ..... meant to secure the performance of the agreement. the condition 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 to compromise the ..... thereupon mst. rajrani, grand-mother of nirmalchad, put in a demurrer on his behalf. she contended that the compromise was not in the interest of the minor, that his mother acted with gross neglect in entering into it, and that she was prevailed upon by her munims and made to accept a 'stupid settlement'.she also alleged that undue influence was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP168
..... the settling of issues. this contention of the learned counsel is a little late in the day because the supreme court in harish chandra v. trilokl singh (s) air 1957 sc 444 (g) has ruled that the word 'trial' in section 90(1) covers the entire period from the first seisin of the election petition by the tribunal to ..... this petition by one shri hari vishnu kamath is directed against an order passed by the election tribunal, jabalpur, presided over by shri m.v. bhide, on 12-8-1957, in an election petition filed by the petitioner to question the election of shri. maganlal bagdi, the second respondent in the case.2. the matter arises out of an ..... the main contentions of the parties centre round the effect of the amendments which have been made in the act by the amending act of 1956. these amendments are of a far-reaching character and have been made in various parts of the chapter dealing with the trial of election petitions. the total effect, therefore, of these amendments has to be worked .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP224
..... to it under section 86 until the pronouncement of the award.it is to be noticed that ss. 86 to 107 of the act are included in chapter hi ibid. it is a cannon of interpretation that the same word should, as far as possible, be given the same meaning, unless the context otherwise requires, ..... after the election petition is made over to the tribunal for trial is relevant. their lordships in conclusion stated that, in their opinion, the provisions cf chapter iii of part vi of the act read as a whole clearly showed that 'trial1 was used as meaning the entire proceedings before the tribunal from the time when the petition was transferred ..... is derived from the third sub-section of section 90 of the act, but it is exercised under section 98 of the act.7. there is a detailed examination of chapter iii of part vi of the act by their lord-ships of the supreme court in harishchandra v. triloki singh, (s) air 1957 sc 444 (a). no doubt, their lordships of the supreme .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP226
..... and overruled, it is obvious that the ruling to consider is not the earlier one but the later one. in the later ruling their lordships were considering the effect of chapter iii of the act, and they were examining the meaning of the word 'trial' as used therein.their lordships considered all the relevant sections of that ..... order under section 90 3. we pointed out on the authority of a decision of their lordships of the supreme court reported in harish chandra v. triloki singh, (s) air 1957 sc 444 (b), that the trial of an election petition commences when the election petition is made over to the tribunal for trial.shri pabir contended that that ruling was ..... mentioned in section 116a and not the third sub-section of section 90.5. we held in gulsher ahmad v. election tribunal, chhatarpur, misc. petn. no 189 or 1957, d/- 23-1-1958: (air 1958 madh pra 224) (a) that an order passed under section 90 (3) must also be deemed to be an order passed under section 98 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP58
..... be awaited. this letter, apparently, did not reach in time for the returning officer to withhold corrections, because on 19th march, corrections were made. on 20/21 march, 1957 the returning officer wrote a d. o, letter (ex. p-94) to the chief electoral officer saying that 'arithmetical errors' had already been corrected but copies of ..... were not given because the chief electoral officer was addressed a letter by the returning officer on the subject. in memorandum no. 1310/election dated 8th march, 1957 (ex. 92) the returning officer addressed the chief electoral officer and expressed his own opinion about the withholding of the copies of the ballot paper accounts of ..... in which the tribunal is situated. (2) the high court shall, subject to the provisions of this act, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this chapter as if the appeal were an appeal from an original decree passed by a civil court situated within the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP50; 1959CriLJ199
..... in bhopal.11. although with a view to check the summary and unrestricted jurisdiction of courts in treating contempt, the indian legislature has enacted 'the contempt of courts act (act no. 12 of 1926)', yet what constitutes 'contempt of court' has not been defined. in england the law has its roots in common law. blackstone in ..... virendar kumar v. state of punjab, (s) air 1956 sc 153, their lordships while considering whether proceedings under section 36 of the representation of the people act were before a court or not, observed :'while the proceedings before the election tribunal approximate in all essential matters to proceedings in civil courts, the proceedings under section ..... tribunal. in clause 2 of section 116a of the above act, it is laid down that 'the high court, shall, subject to the provisions of this act, have the same powers, jurisdiction and authority and follow the same procedure with respect to an appeal under the chapter as if the appeal were an appeal from an original .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP256
..... of tribunals, the assistant custodian, custodian and deputy custodian general are. section 28 of the administration of evacuee property act (xxxi of 1950) is as follows :'28. save as otherwise expressly provided in this chapter, every order made by the custodian-general, authorised deputy custodian, deputy custodian or assistant custodian shall be final and ..... 108 : ( (s) air 1955 nag 148) and surajmal v. state of m. p. 1957 m. p. lj 788 : (air 1958 madh. pra. 103 (fb)).8. however, the learned counsel for the petitioner urged that the question of territorial jurisdiction of this court ..... deputy custodian general, new delhi, a tribunal located outside the territorial jurisdiction of this court. reliance was placed on the division bench case of ptemchand v. state of m. p. 1957 m. p. lj 780 : (air 1958 madh. pra. 68) : see also burhanpur nation textile workers' union v. labour appellate tribunal of india, ilr (1955) nag .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
..... required to determine the meaning of the term as lined in clause 12 of letters patent having regard to the provisions contained in the high court rules chapter 7 rule 1 and chapter 13 rules 1 and 14. the decision therefore cannot be an authority for the proposition that any civil proceeding will become a suit for the purpose of ..... and are being disposed of by this common judgment. 4. the facts which are material for consideration of these appeals are few and simple. 5. on 23-2-1957 an agreement of reference was entered into between nawab usmanali khan, nawab of jaora state and sagarmal bheraji also of jaora whereby both the parties agreed to refer the dispute ..... resulted in a judgment and decree on the basis of an award. 2. appeal no. 81 of 1957 is against the order refusing to set aside the award. the appeal was preferred under section 39 of the arbitration act. appeal no. 82 of 1957 is directed against the order recording the compromise between the parties after the award had been filed in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP93
..... been referred for the opinion of the full bench by a division bench of this court in letters patent appeal no. 95 of 1957: '1. whether, on a proper interpretation of the word 'immediately' in rule 10 chapter 4 of the high court rules, an application for leave to appeal made sometime after the judgment is delivered can be entertained ..... letters patent power has been given to the high court 'to make rules and orders for regulating the practice of the court'. acting on thig power, the high court has framed rule 10 contained in 'chapter iv of the rules of the madhya pradesh high court which is as follows:'an application for leave to appeal under clause 10 ..... and on law. the supreme court negatived this contention by pointing out that the judgment ot the federal court, which dealt with section 205 of the government of india act, 1935, covering a different subject and using a different language, was not applicable. the scope of the powers of the federal court in the matter of interference with .....
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