Court : Madhya Pradesh
Reported in : 1953CriLJ932
..... or illegal means or by otherwise abusing his position. clause (c) of section 5(1) which makes the act of a public servant of dishonestly or fraudulently misappropriating or otherwise converting for his own use any property entrusted to him or under his control as a public servant or allowing any other person so to do, a criminal misconduct is not different ..... fraudulently misappropriating or otherwise converting to his own use any property entrusted to him or under his control as a public servant or of allowing any person so to do, is already punishable under section 409, penal code. even if the prevention of corruption act, 1947, did not exist, a public servant would still be liable to punishment under section 409, i .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1954CriLJ602
..... pakistan, as it is not said that devinarayan had actually met him.23. it must appear that action has been taken against izhar ahmed under section 7, influx from pakistan (control) act (no. 23 of 1949) and therefore a question arises whether the essentials of that section were present in the case to support the action. the question involved, therefore, is ..... then. it also appears that he was married to one mst. wahida begum under the 'nikahnama', dated 20-11-1946 and was residing in a rented house of one mahmuda begum in respect of which rent-receipts are filed on record. sugar ration-cards were also obtained in his name from time to time and subscription for a mosque also was paid ..... ahmed's not going to pakistan. the documents viz., the cash-memo dated 24-1-1951, sugar ration-card no. 427/33, the rent-receipt dated 3-5-1951 and the letter dated 14-6-1951, the rent-receipt dated 27-8-51, another ration-card in favour of izhar ahmed dated 5-3-1952 and the certified copies of the electoral .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP32
..... that the applications as well as the appeal was barred by time; that the petitioner thereupon preferred a revision application to the custodian general of evacuee properties, new delhi, but that was also dismissed on 9-12-1954; that the business concern of the petitioner and his movable property was sold in march 1953 and the ..... an appeal against that order and when that appeal was dismissed, moved the custodian general by a revision petition under section 27 of the administration of evacuee property act, the deputy custodian general examined the merits of the case in his revisional jurisdiction and upheld the order of the deputy custodian. it is therefore contended on ..... that the initial order passed by the nayab tehsildar was without jurisdiction, and secondly, on the ground that the notice served under section 7 of the evacuee property act was not in conformity with the form prescribed under the law. both these contentions were upheld by the high court. it was urged on behalf of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP63
..... to come to court and those who are sued in a court of law are afforded relief as provided in the act. it is difficult to call the jhabua act as one directed towards regulating and controlling the transactions of money lending and in this view there is no express repeal. nor can it be said that there ..... of his accounts scaling down interest payable under the agreement if it be contrary to what is allowable under the act and awarding instalments, the direct and primary object under the madhya bharat act is to regulate and control money lending. incidentally there are provisions which have the effect of affording a debtor relief taut what is regulated ..... to the learned counsel, to say that the jhabua act was designed to regulate and control money lending. under the madhya bharat act and the three other acts to which a direct reference is made in that act there are clear provisions for regulating and controlling money lending whereas under the jhabua act all that is sought to be done is to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP425
..... repealed not completely but only prospectively in respect of future transactions, the door being left open for the prosecution of past transactions.section 6 of the general clauses act enables all investigations, proceedings and measures for enforcement of rights to be continued as if the repealing ordinance had not been passed. in other words, the repealed ..... putsat the disposal of the consignor vehicles in whichhe agrees to take the goods, subject to his freighthiring charges being paid. under article 50 of the,indian limitation act we find that there is a threeyears limitation provided for hire of animals, vehicles, boats, or household furniture. the question is whether the railway administration puts at ..... 1. this is a civil suit filed by the union of india owning and representing the central and western railway administrations, new delhi, against one shri r.c. jali, an inhabitant of indore, and the amalgamated coal fields limited, a corporation with its head office at parasia, tahsil .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP180; 1960CriLJ914
..... procedure cannot be exercised under the new section.2 section 30 of the code of criminal procedure as it stood before it was amended by act 20 of 1935 was as follows:'in east punjab, delhi, oudh, the central provinces, coorg and assam, and in those parts of the other provinces in which there are deputy commissioners or assistant ..... instituted thereafter. so far as the eligibility for conferral of powers under the new section 30 is concerned, in the absence of a different intention appearing in the act, the section has to be regarded as prospective in operation. indeed, the very words of the proviso to the new section shall be invested with such powers' are ..... virtue of the powers conferred on him under section 30 of the code of criminal procedure prior to its amendment by section 6 of the cede of criminal procedure amendment act, 1955 (26 of 1955), he was competent to exorcise those powers in relation to a criminal case instituted after the amendment came into force. the additional sessions .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP56
..... defendants under section 114 of the transfer of property act because they had deposited rent with the written statement and continued to deposit recurring rent in the appellate court.2. the plaintiff's grievance is that section 114 of the t. p. act must be deemed to be suspended so long as the accommodation control act, which is a special enactment is in force. ..... above discussion is that section 114 of the t. p. act has been wrongly applied to this case. since the tenant failed to make payment to the landlord of the arrears of rent within one month of service of notice on him the barrier of section 4 of the control act was lifted and the rights and liabilities of the parties were ..... then to be determined under the provisions of the t. p. act and since in this case the tenancy had been .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP274
..... said: 'the mischief aimed at by section 46 is to prevent persons in the position of guardians of the poor from deriving benefit from contracts which they have to control. now, if mr. macmorran's argument is right, a guardian might enter into a contract of purchase or sale with the board which might very well be completely carried ..... refers to the case of a man having a contract under which he is to derive some future benefit from dealing with the government, in respect of which they might control him-- as, for instance, by directing their officers not to look too closely to the sort of goods he sent in, or the like'. these observations imply ..... 292 the question was whether a member of the board of guardians, who had charged some commission for realizing rent on behalf of the board, he-came disqualified to hold his seat on the board under section 46 of the local government act, 1894, which provided that 'where a member incurred a disqualification, the board shall forthwith declare the seat .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP287; 1962MPLJ653; [1962]13STC853(MP)
..... integrated remedy leading ultimately to the last stage, namely, a reference to the high court. so, in a like case arising under the madhya bharat sales tax act (30 of 1950), which contained similar provisions, the question was whether the right given to a dealer of moving the commissioner to exercise his revisional power in respect ..... demand a reference to the high court without first moving the board in revision. it is not without significance that, under section 22 (5) of the repealed act, the board was not merely empowered to revise am order passed in second appeal on an application made to it for the; purpose. before rejecting the application the ..... sales tax, jabalpur, whereby he declined to entertain second appeals against orders of assess-taewt of sales tax on the ground that, under the madhya pradesh general sales tax act, 1959 (2 of 1959), the board of revenue, madhya pradesh, had jurisdiction to entertain, such appeals.2. for brevity, the details of the various assessment orders, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP41
..... chambal hydro-eiectric plant.the petitioner concluded the letter by the statement that 'the delay caused in giving new connections' was due to reasons beyond its control. the explanation given by the company did not satisfy the government. the company's licence was revoked by the government on 1st november, 1961, and ..... to explain that the default on its part in doing something required to be done under the act and a breach of condition 5 of the licence and its unsatisfactory financial, position was due to causes beyond its control. there was, therefore, no question of giving any opportunity to the petitioner for proving certain ..... facts to refute' the allegations made against it in the notice. there was also no question of giving to the company an opportunity of proving a cause or causes for the position in which the company found itself unable to fulfil its obligations under the act .....
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