Court : Madhya Pradesh
Reported in : I(1993)DMC243
..... the charged against the accused-respondents. he emphasised that while the present incident had taken place on 17-9-84, section 8a of the dowry prohibition act 1961 (hereinafter called 'the dowry act') had been inserted by act no. 43 of 1986 with effect from 19-11-86. in the present case, eight of the prosecution witnesses had been examined by 16 ..... in criminal reunion no. 311 of 1985. thereafter by order dated 9-7-86 the first addl. sessions judge dewas framed charges; under section 4 of the dowry prohibition act 1961, of cruelty under section 498a and under section 306 ipc for having abetted in commissions of suicide by kaminibai. accused pleaded not guilty to the charges. in his ..... in sections trial no. 12 of 1985 (state v. ashok and others) acquitting the respondents accused of charges under sections 306, 498a ipc and section 4 of the dowry prohibition act 1961.2. accused ashok is the son of accused no. 2 anokhilal and accused no. 3 sharda is mother of accused ashok. accused n01. 4, 5 and 6 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP20
..... a list of candidates in form vii after the receipt of nomination papers, objection to the eligibility of candidates to stand for election and with the prohibition as regards re-nomination of a candidate who has withdrawn following the scrutiny of nomination papers, the expression used is ''candidate for the election' and not ..... to that effect would have been made in the rules. learned counsel sought to illustrate the point by referring to the provisions of u.p. panchayat act, where there is an express provision enabling a person whose nomination paper has been rejected to file an election petition. 4. in my view, this ..... and ramchandra narayan presented two election petitions before the district judge of indore under rule 43 of the cantonments electoral rules, 1945, made under the cantonments act, 1924, contending that their nomination papers had been improperly rejected by the returning officer. the successful candidates opposed the petitions saying that, the nomination papers of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP368
..... matter is still the same law; the only difference is that the period of subletting has been reduced and no declaration can be granted against a woman. since the prohibition is against the courts from granting declarations; against women we think! that pending cases were covered, unless they were expressly excluded. 14. for the reasons aforesaid we quash ..... of that, there is not the slightest trace in the evidence of the witnesses cited on behalf of gyarsiram. shri bobde relied upon s, 109 of the evidence act to show that the relationship which had been established for the year 1950-51 must be deemed to have continued and that gyarsiram must therefore be considered a tenant, unless ..... behalf of sona bai that the learned president, board of revenue did not consider the bar against such declarations imposed by section 40 of the c. p. tenancy act. now by section 169 (3) of the madhya pradesh land revenue code. the learned counsel drew our attention to a decision of the board of revenue given by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP256
..... lawful directions of his principal and not directions which the high court holds to be unlawful or not justified in law. the agent could certainly be prohibited from obeying the unlawful directions of his principal and even if the principal cannot be reached by reason of his being outside the territories, the arm ..... lordships, it is necessary to see what kind 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, ..... tribunal at nagpur was affirmed by the appellate tribunal at bombay, the decision rested upon the peculiar provisions of section 15 of the industrial disputes (appellate tribunal) act, 1950, which make the decision of the appellate tribunal enforceable at law. in the instant case, however, there is no such provision in the statute. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP37; 1961CriLJ266
..... into force, then it becomes an offence and can be punished as such. a stereotype example given in text-books on the american constitution is the prohibition law. the possession of liquor till the coming into force of prohibitory legislation may not be an offence. but as soon as the prohibitory legislation comes into ..... funds for employees or any class of employees and specify the establishment or class of establishments to which the scheme shall apply. schedule i of the act enumerates the industries for the establishments in which the schemes would apply at the first instance, which includes establishments employing more than 50 persons and manufacturing textiles ..... contribution made in the course of each of the months. 3. the learned city magistrate, ujjain city, has dismissed the complaints on the preliminary ground that the acts alleged did not amount to any offence, as the scheme itself, though deemed to have come into force from september, 1952, was brought into force retrospectively, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1960)IILLJ664MP
..... comes into force, then it becomes an offence and can be punished as such. a stereotype example given in textbooks on the american constitution is the prohibition law. the possession of liquor till the coming into force of prohibitory legislation may not be an offence. but as soon as the prohibitory legislation comes ..... funds for employees or any class of employees and specify the establishment or class of establishments to which the scheme shall apply. schedule i of the act enumerates the industries for the establishments in which the schemes would apply at the first instance, which includes establishments employing more than fifty persons and manufacturing ..... . he, however, did not think it necessary to make a reference under section 432, criminal procedure code, to the high court, because the scheme is not 'an act, ordinance or regulation.'4. the application in revision filed before the learned additional sessions judge, ujjain, from his order, could have been treated as one for further .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP66
..... or amending or modifying or affecting in some way the award otherwise than as provided in the arbitration act, and this is what sections 32 and 33 of the act prohibit.10. on the allegations as they are in the plaint, the plaintiff-appellant's suit did not ..... to the learned judges of the patna high court, this is begging the question whether the suit is maintainable in view of the prohibition contained in section 32. in moolchand v. rashid jamshed sons and co., air 1946 mad 346, the plaintiff asked for a relief ..... question whether the bar under section 32 can operate against a defendant whose defence is in reality a claim or a suit prohibited by section 32 and whether the mere position of the party in the heading of the suit would determine whether he comes within ..... lie in view of the provisions of sections 32 and 33 of the act. when the plaintiff's suit is not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP270; 1963MPLJ293
..... from detention, that writ can be issued to a private person under article 226, the conclusion does not follow that a writ of certiorari or mandamus or prohibition can be issued to private bodies and persons regardless of the principles governing the issue of those writs.15. for all these reasons, our conclusion is that ..... principle laid down in these cases is: 'whenever any body of persons having legal authority to determine questions affecting rights of subjects and having the duty to act judicially act in excess of their legal authority, a writ of certiorari may issue.' accordingly it has been held by the supreme court in air 1954 sc 440 (supra ..... writ of certiorari is sought for sending up his records for being quashed has legal authority to determine questions affecting the rights of subjects and is required to act judicially in that determination, a writ of certiorari cannot be issued for quashing its decision or determination. now, the sabha is clearly not a body exercising judicial .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP110
..... other manner. when rules have been framed for the exercise of the genera1 power conferred by section 12, then the rules must be read so as to import a prohibition restraining the government from selling or disposing of tendu leaves in contravention of the rules.18. this principle has been laid down in k. n. guruswamy v. state ..... them in the form of rules made under the act. the words 'may direct' used in section 12 do not prohibit the government from making rules under section 19 of the act for regulating the sale or disposal of tendu leaves. there is no such prohibition even in section 19 of the act which confers on the government the power to make ..... treated for ail purposes of construction or obligation exactly as if they were in the act.' (see maxwell on interpretation of statutes, eleventh edition, page 49 and state of u.p. v. babu ram, air 1961 sc 751). when, therefore, the rules framed under the act 'tied down' the government to the method of tender, of settlement by mutual agreement .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP13; [1966]59ITR364(MP); 1965MPLJ644
..... to the tribunal contending that the partnership constituted by the deed of 1st august 1954 was legal and valid; that there was no provision in the motor vehicles act prohibiting the formation of a partnership for carrying on the business of running stage carriages and trucks; that the partnership firm could carry on business on the strength of ..... gupta (s) air 1955 mad 536 werefollowed. the decisions in air 1963 mad 413, muddi narayanam and bros, a firm v. k. subbaraju : [1950]18itr200(mad) and : [1961]41itr115(ker) were all governed by the same reasoning which prevailed in ilr (1950) mad 987 : air 1950 mad 444 and air 1957 mad 620.in our judgment, the decision ..... : [1950]18itr200(mad) and that of the kerala high court in commissioner of income-tax mysore, t.c. coorg and bangalore v. union tobacco co., ernakulam : [1961]41itr115(ker) . he gave as his reasons that as the partnership business of plying buses was carried on the strength of permits obtained and standing in the name of dayabhai .....
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