Court : Madhya Pradesh
Reported in : AIR1975MP163
..... public safety' on the one hand and 'in the interest of public order'. that distinction has further been elucidated by their lordships of the supreme court in air 1957 sc 620, wherein with reference to article 19(2) of the constitution, which uses phrases 'in the interests of and not 'for the maintenance of', their ..... ex-communication. 'fraud' has been defined by subsection (d) as follows : 'fraud' shall include misrepresentation or any other fraudulent contrivance.' section 3 of the act prohibits forcible conversion by use of force or allurement or by any fraudulent means. section 4 provides for punishment for contravention of the provisions of section 3 with imprisonment ..... have been enacted in the interest of public order. it is pointed out that section 295a has been included in chapter 15 penal code which deals with offence relating to religion and not in chapter 8 which deals with offences against the public tranquillity and from this circumstance it is faintly sought to be urged, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1975CriLJ989
..... the aforesaid test for the applicability of section 561-a, the question of exercising the inherent powers of this court does not arise.5. in the code we have chapter xxxi concerning appeals, which deals with the powers of the appellate court, then we have sections 333 and 494, which specifically deal with the withdrawal of prosecution. ..... the code and is admitted for hearing.'in view of the question posed, our first attention would be attracted towards the aforesaid chapter xxxi of the code concerning the appeals. the relevant sections of this chapter, for the purpose of the problem in hand, are sections 421 to 423 and in particular section 423 in the background of ..... bal-want v. emperor. air 1926 bom 548 (1) : (27 cri lj 1167) and dashrath v. state, 1957 mpc 530 : (1957 cri lj 1405 (1)).11. from the fore-quoted decisions the law that discerns is that the appellate court cannot act beyond the provisions contained in sections 421 to 423 and as such there being no provision for the withdrawal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP132
..... iliac pain, tenderness and rigidity. the most common cause of these symptoms is of course, acute appendicitis, but there are many pitfalls which are considered more fully in chapter 5, suffice to say here that a similar group of symptoms may result from disease of the pancreas, gall bladder, duodenum, right kidney, the ileo caecal glands, ..... an absence of reasonable skill and care on his part, regard being had to the ordinary level of skill in the profession.' (see : medical negligence by nathan. 1957 edition, at pp. 43-44).16. in the present case, the plaintiffs' own expert witnesses testify that with the clinical symptoms present, the disease could be mistaken for ..... on plaintiff's body, discovered conditions which neither party had anticipated, and which the defendant could not reasonably have foreseen, and that in removing the testicle he acted in the interest of his patient and for the protection of his health and possibly his life. the removal i find was in that sense necessary, and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP59
..... division bench of this court in union of india v. ibrahim gulaba, 1965 mplj 572: (air 1966 madh pra 52) in somewhat similar circumstances observed that rule 9 in chapter ii of the madhya pradesh high' court manual. 1960, provides that when the taxing officer certifies the under-stamping to be bona fide on an application duly made for the ..... of limitation. the decision in ganesh prasad's case (air 1953 sc 431) (supra) was followed by this court in goppolal v. ganpat-civil revision no. 395 of 1957, decided on 5-8-1958 and it was held that because of the late payment of court-fee and on condonation of that delay, the opposite party cannot make a ..... railways are exonerated of the liability. it was also pointed out that such a burden is also discharged by raising an adverse presumption under section 114 of the evidence act if the railway administration fails to produce relevant material on record, this decision is not helpful to the appellant in the present case as the forwarding note has not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1985MPLJ288
..... russia are returning to the ochsner-sherren treatment, or to early cholecystectomy. their reasons for this change are reviewed at some length in chapter xciv. in this chapter the opinion is expressed that when the surgeon is inexperienced in performing cholecystectomy, it is unwise to undertake this operation as an emergency measure ..... , while prolonged administration often leads to glycosuia. in cases of delayed poisoning as described above ketonuria also occurs.15. in medical negligence by nathan, 1957 edition, it has been observed at page 156 as follows : the intentional interference with the person of another without legal justification amounts to an actionable ..... had the bona fide intention to cure the deceased and he perhaps wanted to impress the collector about his efficiency. his over-confidence made him act in great haste without realising the consequences. all these tests were necessary because there are similarities in the symptoms of appendicitis and cholecystosis, such as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP165; 1986MPLJ261
..... time the same has been repealed and the last but one was that of 1915 and the last was government of india act, 1935, which is relevant for us. the government of india act, 1935, by chapter ii, section 219, gave power to the king emperor of england to establish high courts in british india by issuing ..... to the provision of this constitution', only relate to the relevant provisions of our administration of high courts, i.e. provisions of article 214 to 231, embodied in chapter v of the constitution and, therefore, the words used 'subject to the provisions of this constitution', only imply abridgement of its jurisdiction.35. similarly, article 372 ..... side is variously called 'opponent', 'counter-petitioner', 'non-applicant' or 'respondent'. (see nanjappa v. vimla devi, air 1957 mys 44).54. it may also be seen that under section 26 of the hindu marriage act, which provides for custody of children, the language employed is ' upon application or petition for the purpose'. it would indicate .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1987MP78
..... , as contended by shri jain, would have no bearing on the facts of the instant case because of the specific provision in regard to mortgages contained in chapter iv of the transfer of property act. reliance on shyam lal, air 1928 all 3, debi sahai, air 1926 lahore 668, ayer ravji, air 1963 guj 328, sachalmal, 1972 jab lj 394 : ..... was liable to be rejected and only symbolical possession could be ordered. much argument has, however, been advanced on the prohibition contained in section 52 of the t.p. act, as earlier alluded, to submit of course that the other co-sharers (radha kishan and jethmal) having lost all authority to deal with the property after 11-2-1965 ..... could not become a 'deemed' tenant and he was protected under the act; his liability under the t.p. act (to be evicted) being abrogated by the act. 11. now, two other decisions, also cited by shri n.k. modi, may be looked into. in narayan laxman, air 1957 bom 117, the question agitated was applicability of section 52 to a proceeding .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1990)ILLJ583MP; 1988MPLJ640
..... jurisdiction, powers and authority' conferred on the administrative tribunal for the state by or under this act.' chapter iii deals with jurisdiction, powers and authority of tribunals and of that chapter, we propose to quote a portion of section 15(1) having primal relevance to the question mooted for our decision ..... england can be changed to relieve him of the operation of pleasure doctrine, or even of contractual obligation, by statutory provision. (see vine v. national dock labour board, (1957) a.c. 488, per lord keith at p. 507; francis v. municipal councillors, (1962) 3 all, e.r. 633). in india, on the other hand, ..... arrangments as in force for the time being with respect to redressal, otherwise than under this act, of any grievance in relation to such matters'.5. chapter ii of the act contemplates establishment of tribunals and benches thereof and of that chapter, section 4(2) provides for establishment of a state administrative tribunal 'to exercise the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP332; 1991(0)MPLJ790
..... . in that case, it was as a fact, found that the disputed property (which was sought to be subjected to property tax under the delhi municipal corporation act, 1957) as a corporeal entity was in delhi, in strict legal sense it was not the property that was in delhi but only the res fell within the limits. ..... market value of the property and the consequent assessment of property tax are to be revised. the subject 'taxation' falls under chapter xi of part iv of the municipal corporation act. section 135 of the corporation act permits from the financial year 1976-77 levy of a tax on lands and buildings within the city at specified rates. ..... value determined by the property tax commissioner under the sampatti kar adhiniyam could not have been altered without following the provisions under sections 143 and 146 of the corporation act. from the appellate order (annexure-m), it is also apparent that this objection was not persued before the appellate authority (the district judge, durg). in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ693
..... directly and squarely into an arena which dealt with income, expenditure and wealth of a citizen. these are matters which are covered by income tax act, 1961 and wealth tax act, 1957. such matters, therefore, exclusively fall in the central legislative list i, entry 93 of 7th schedule, read with entry 94 of the said list ..... of administrative law that there is nothing like unfettered discretion immune from judicial reviewability (see jain and jain on principles of administrative law, 4th edition under chapter xv at pages 550 to 553). thus determining the scope of judicial control or review of administrative action, the only question, which can be considered by ..... notification are concerning the official conduct of the ex-chief ministers and the officials connected with the matters of granting concessions and exemptions under the lottery act, to the society which conducted the lottery. here again the purpose of enquiry set up is to take consequential penal and departmental actions against the .....
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