Court : Madhya Pradesh
Reported in : AIR1959MP367
..... violence to the language to say that he failed to obtain promotion.i am fortified in the view i have taken by what has been said further in the section itself. the section after saying 'failed to obtain promotion' has tried to paraphrase it by saying 'that is who have been detained in class ix or class xi'. there is ..... and intermediate examinees. shri h. n. diwedi appearing for the petitioner argues that under regulation 6 a private candidate who has left at a stage earlier than the high section, may still be permitted subject to certain time limits to appear at a high school examination, if he has not continued his studies at a recognized institution.that rule ..... . 51 of 1950). the board is an examining body and hold'j high school and intermediate examinations. regulations have been made under section 16 of the act, inter alia, providing for 'the conditions under which the candidates shall be admitted to the examinations of the board and shall be eligible for diplomas and certificates'.21. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP401; (1960)ILLJ182MP
..... , lashkar, has filed two petitions under article 227 of the constitution, praying that it be held that the dispute is beyond the jurisdiction of the authority appointed under section 15 of the act.3. the question to be considered in this case is whether or not the monthly salary of an employee is covered by the term 'wages' under the payment ..... or monthly. the argument of the learned counsel that wages is 'remuneration paid for work done for a period less than a month' is not acceptable because section 4 (2) of the act says that the wage-period shall not exceed one month. as a proposition of common sense one month is neither less than a month as contended by the ..... in respectful agreement with the view expressed in air 1958 mad 25, because the main point involved in air 1953 mad 269, referred to an offence committed under section 92 of the factories act and it was therefore necessary to consider the term 'wages' in the case.7. the learned counsel for the opposite side las referred us to a.v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP423
..... that'the civil procedure code which was in force when the decree was put in execution was the code of 1908 as adapted in madhya bharat by act 70 of 1950. this defined the word 'foreign court' in section 2(5) and according to this definition 'a foreign court' was a court outside madhya bharat. on 1-4-1951 this code was repealed ..... and the code of 1908 was itself extended and applied to the whole of india including part 'b' states but excluding jammu and kashmir and certain specified parts by act 2 of 1951.'' ..... transfer of the decree to gwalior. finally on 29-10-1947 order passed on that application was 'execution struck off in default.' under article 182(5) of the limitation act the present application dated 21-7-1950 was within three years. in the fourth application dated 25-2-1950 also the prayer was for the attachment of the judgment-debtor .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP223
..... the limits of a statute, stand on a different footing. thus in chairman of giridih municipality v. suresh chandra mozumdar, ilr 35 cal 859, the bengal municipal act, 1884, was nail held to bar the jurisdiction of the civil courts in a case where the assessment was challenged on the ground that it was ultra vires. so also ..... prohibited by the octroi rules. such an action cannot be upheld by a civil court.12. however, the learned counsel for the respondent pointed out section 175 of the city of jabalpur corporation act, 1948, which is as follows:(i) no objection shall be taken to any valuation or assessment, nor shall the liability of any person to be ..... bhandara v. kisorilal laximinarayan, 1948 nag lj 533 : (air 1949 nag 190) the levy of tax in excess of rs. 50/- per annum was prohibited by section 142a of the government of india act, 1935, and on this ground the civil courts' jurisdiction was maintained. likewise, in municipal committee, montgomery v. sant singh, ilr 1940-21 lah 707 : (air .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP81
..... not be inferred from mere groundnor suspicion, however reasonable, or what maybe mere error of judgment or indiscretion. an appropriate guide may be found in section 13, legal practitioners act, no. 18 of 1879, under which a pleader or muktar may be suspended or dismissed, who is guilty 'of fraudulent or grossly improper ..... , we accept thereference partly and hold that the non-applicantwas guilty of a highly improper conduct amounting to professional misconduct deserving action under section 13 of the legal practitioners act. we expressour disapproval of his action and direct that hebe suspended from practice for a period of sixmonths for his highly improper conduct, ..... instances of improper conduct. the question therefore, for our consideration would be whether these two instances amount to a professional misconduct actionable under section 13 of the legal practitioners act.8. so far as the findings in favour of the non-applicant are concerned, we do not find anything to differ from the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP377
..... facts the petitioners felt aggrieved by the aforesaid action of the board and seek by the present proceedings to quash the said action on the grounds:--firstly: that section 11 of act no. 29 of 1954 passed by the parliament is ultra vires as it negatives the fundamental right guaranteed under articles 25 and 26 of the constitution by conferring ..... of the wakfs, wakifs, their descendants and members of the muslim community who are the beneficiaries of the wakf and their descendants in its management; that other provisions of the act including sections 18, 52, 62, 63, 64, 67 (a), (b), (c), (d), (h), (j), (k) and (n) also run counter to the rights guaranteed under articles 25 and 26 ..... be inappropriate and this ground of attack upon the action of the board is untenable.20. this brings us to question no. 3 namely whether the impugned provisions of the act namely sections 11, 18, 52, 62, 63 and 64 run counter to articles 26(b) and (d) of the constitution as urged by mr. khan.21. in order to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP330
..... land from the improvement trust. the title deeds of the temple property were required. ganpatji obtained them from ghasiram, in a letter to badrinarayan dated pous section 8/1980 ex. p-125 ghasiram mentioned this fact and complained that he had faiied to return the same. 21. by 1928 it appears ganpatji succeeded ..... p. 27. if a num-ber of persons provide the original endowment,. they may apparently together constitute the founder: re st. leonard, shoreditch, parachial schoois, (1884) 10 app cas 304. but persons who, subsequent to the foundation, furnish additional contributions, do not thereby become joint founders; their benefaction is regarded as nothing beyond ..... part in thp management. in england, it has been ruled that the person providing the original endowment is the founder rather than the person who performs the act of incorporation, which involves a distinction between the fundatio incipiens and the fundatio percipiens, sutton's hospital case, (1613-10 coke 23a); anon 12 mod .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP65
..... held that a suit to enforce an award necessarily raised the question with regard to the existence and validity of the award and accordingly was expressly barred by section 32 of the arbitration act. the same conclusion was reached in ramchander singh v. munshi mian, air 1950 pat 48, although on different grounds. in our opinion, a suit to enforce an ..... was held in that case that a party in whose favour an award was made was entitled to a decree in lerms thereof by filing a suit and section 14 of the arbitration act was not a bar to such a course. a contrary view was taken by the madras high court in moolchand v. rashid jamshed sons and co., air ..... , he has directly filed it along with the plaint. this may raise the question whether the award has been properly filed within the meaning of section 31, read with section 14, of the arbitration act. this would depend upon, as held by their lordships of the supreme court in air 1953 sc 313 (supra), whether the petitioner was authorised by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP140
..... show the particular land proposed to be acquired. what then is the effect of this? it is contended on behalf of the state that as the application of section 5a of the act has been dispensed with, there is no prejudice to the petitioner as he could not prefer any objections in any case. that is so; but there is another ..... that an area of six acres of land in bhopal city, is proposed to be acquired.8. it is true that at the stage when a notification under section 4 of the act is issued, the government is not in a position to say definitely which particular piece of land is proposed to be taken. a survey to determine the ..... further.18. as we have already said, the proceedings for acquisition are rendered invalid by the omission to specify sufficient particulars of the land in thenotifications under sections 4 and 6 of the act. the petition must, therefore, be allowed. accordingly, we quash the notifications and direct that the state government shall not take any action for acquisition of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP391; 1959CriLJ1340
..... the accused. 14. she was questioned about them and she had tailed to give any reason why these statements had not been then made. the provisions of section 145 of the evidence act therefore are complied with and in view of these statements it has to be said that the witness had made considerable improvement over her case diary statement and ..... with a copy thereof, in order that any part of such statement, if duly proved, may be used to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872. when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the ..... in a police diary statement amounts to contradiction it will be proper to refer to the provision of section 145 of the evidence act which requires the contradiction to be put to a witness before it is used to discredit his testimony. that section is as follows:'a witness may be cross-examined as to previous statements made by him in .....
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