Court : Madhya Pradesh
Reported in : AIR1959MP151
..... later on, the present appeal does involve a consideration of the principles as regards construction of documents and of the principles embodied in and underlying section 23 of the contract act. the contention raised by the learned counsel for the respondents as to the competency of the appeal must, therefore, be rejected.that apart, we ..... thousand or upwards.provided further that the appeals involve some question of principle pertaining to law.it was argued by mr. amin that under section 25(1) of the act an appeal was competent only if besides satisfying the condition as regards the pecuniary valuation it involved 'some question of principle pertaining to law'; ..... agreement ex. p/1 was not according to the provisions of the partnership agreement it would have a limited operation according to the provisitions of section 29 of the partnership act. on these findings, the division bench of the madhya bharat high court allowing the defendants' appeal dismissed the plaintiffs suit.8. on the grounds .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP218; (1959)ILLJ618MP
..... passed by the registrar under both the sub-rules, they could not be made under rule 52 of the gwalior co-operative rules or repugnant to any section of the madhya bharat co-operative societies act, 1955, as for that matter. 14. in the result this application is dismissed, costs to the contesting non-applicant (government) no. 3 and pleader ..... a statutory rule originally made under section 78 of the gwalior co-operative societies act; that act has been repealed by the m. b. co-operative societies act, 1955. in the new act there is a rule making section 82 exactly on the same lines of section 78 of the gwalior act. no rules have been made under the now act, at any rate, had not ..... ltd., who was removed by the order of the registrar co-operative societies, under rule 52(2) of the gwalior co-operative societies rules, sm. 1997 framed under section 78 of the gwalior co-operative societies act, 1997, continuing at the time to be in force, as being deemed to have been made under the corresponding .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP195
..... passed repealing all the laws relating to income tax in part b states except for the purpose of levy, assessment and collection. the first proviso to section 13 of that act further provided that any reference to an officer or authority in the repealed law shall be construed as a reference to the corresponding officer or authority under ..... to be discriminatory and thus invalid.the ground on which these decisions proceeded was that all evaders of income-tax could be dealt with under section 34 of the indian income-tax act but only some of them were picked up to be dealt with by the investigation commission by a procedure which was drastic and prejudicial to those ..... the income-tax act.the effect of this provision in section 13 of that act was that although the proceedings for assessment of income-tax etc., for the years prior to 1950 were governed by the relevant law .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP127
..... prospects of the praja socialist party candidate's election. it was accordingly held that the appellant was not guilty of a corrupt practice under section 123(4) of the act read with section 100(1)(b) and (d) thereof. the adverse findings are challenged by the respondent petitioner, while the appellant also challenges the finding ..... we have already discussed, when considering the issue of 'nakab parcha', the requirements of law for the purpose of establishing thecorrupt practice defined in section 123(4) of the act. we have there emphasised that it is very essential that the impugned false statements must relate to the personal rather than the public or political ..... petitioner-respondent, with a view to prejudice the prospects of the election of the praja socialist party candidate and thereby committed a corrupt practice under section 123(4) of the act. the election tribunal found that the pamphlet (ex. p-31) published in the name of devichand kankariya was widely circulated by the appellant .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP234
..... by the offeror, then the acceptance is incomplete and no contract would be formed until the acceptor repeats his acceptance so that the offeror can hear it. 11. section 4 of the contract act no doubt says that the communication of an acceptance is complete as against the proposer, when it is put in a course of transmission to him, so as ..... from but where it was made, and the making of the offer is proved by showing that it was received.' on these authorities and on the provisions of section 4 of the contract act itself, it cannot be doubted that if, as the plaintiff has alleged, the defendant made the offer from ramganj, then the court at ratlam, where the offer was ..... an offer is a part of the cause of action (see borthwick v. walton, (1855) 24 ljcp 83 and green v. beach, (1873) 42 lj ex 151). under section 4 of the contract act, the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. if the offer is not complete unless .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP365
..... . it has also been urged that this word should be read in the sense in which it has been used in the indian electricity act (ix of 1910) sections (b) and (c). this latter act is not on pari materia with the present one, and was enacted to control by licences the business of persons producing and selling electrical energy. ..... its own consumption, electric energy in its own power house. it has been taxed to electricity duty under section 3 of the central provinces and berar electricity duty act of 1949 as amended by the madhya pradesh taxation laws amendment act, 1956 (act vii of 1956 chap iv). it has prayed that a proper writ or direction should be granted declaring the ..... should also be an operative provision such as we usually have in the finance act. in the present instance there are respectively the section 3 proper, and the table appended to that section.5. the point to note is that under the amended act it is not merely 'a distributor' that is liable, but a producer also. to make the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP387; 1959CriLJ1337
..... 'a person who, under the citizenship 07 nationality law for the time being in force in india, was a citizen or national of india'. (see section 2(b) ofthe citizenship act, 1955. pakistan is included in the first schedule.) therefore, there is no manner of doubt that on the day that the civil authority passed the order ..... 737-h-i under the foreigners order, 1948.13. the question for consideration is whether the offence alleged has been committed by the accused.14. section 3 of the foreigners act including material provisions therein is as follows:'the central government may by order make provision either generally or with respect to all foreigners or with respect to ..... the civil authority for the district for the purpose of the. said order is without jurisdiction. under these circumstances the accused could not be held guilty under section 14 of the foreigners act. he relied upon the decisions reported in air 1951 cal 474, 8. a. shervashidze v. government of west bengal, 51 bom lr 852: (air .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP22
..... given to the tenant to get the rent fixed through court in case it was much more than the 'fair annual rent' as defined in the madhya bharat act, section 7(1) of the act also provided that the rent payable by the tenant was to be the one agreed to between him and the landlord but that in no case it was ..... that nofresh notice was necessary as the earlier notice amply satisfied the requirements of sub-section (2) of section 7 of the madhya bharat act.3. the trial court decided the objection in favour of the landlords and dismissed the suit. the appellate court reversed the finding of the trial court ..... landlords inter alia, raised the objection, that it was not tenable as the tenant had filed it without giving a notice to them as required by sub-section (2) of section 7 of the madhya bharat act. the reply of the tenant was that, he had already given a notice before filing his suit in the court of the sub-judge, murar. and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP322
..... against the proposed action and the grounds on which it is proposed to be taken.' article 311(2) of the constitution is in terms similar to section 240(2) of the government of india act, 1935, except that it includes removal also within its ambit. the above observations, therefore, apply with equal force to a case arising under the ..... at p. 92): 'in 75 ind app 225: (air 1948 pc 121) their lordships of the privy council while dealing with the interpretation of section 240(2) of the government of india act, 1935, approved of the following observations of the honourable the chief justice of the federal court representing the majority view of the court, viz.: it ..... the findings of the enquiry officer report, the commissioner disregarded not only a written direction which is mandatory in nature, but he also acted in breach of the natural principles of justice. clause 4 of section 8 of the rules runs thus: 'in all cases where it is proposed to dismiss or remove a person on the findings of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP338
..... the ground that her husband had died as a result of 'employment injury' as defined in section 2(8) of the act.2. an appeal under section 82, it may be noted, is a special appeal that lies only if it involves a substantial question of law. it is urged on behalf of ..... v. traffic manager vizaga-patam port, air 1943 mad 353, central glass industries ltd. v. abdul hossain, air 1948 gal 12. in all these cases under the workmen's compensation act there had been an accident and the question was whether the accident was in course of the employment, but that is not the question here.5. the other . alternative is ..... h.r. krishnan, j. 1. this is an appeal under section 82 of the employees state insurance act (act xxxiv of 1948) from the judgment of the employees' state insurance court, gwalior, refusing to grant the appellant a life pension calculated according to the formula in the scheme on .....
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