Court : Madhya Pradesh
Reported in : AIR1960MP292
..... a discriminating piece of legislation, it offended article 14 of the constitution. 11. in our opinion, there is no substance in these contentions.12. section 3 of the madhya bharat interest act provides as follows:'notwithstanding anything to the contrary contained in any law or in any agreement between the parties, the rate of interest adjudged on ..... the respondent. in the instant case, neither the right of redemption nor the quantum of the principal amount of the mortgage debt is in dispute.' consequently, section 9(ix) (sic) (section 7(ix) ) of the court-fees actwill have no application. the court-fees would be payable ad valorem on the subject-matter of the appeal and ..... the defendant cannot be awarded interest under order 34, rule 11, of the c. p. c., in contravention of the provisions of the madhya bharat interest act. again, the act in terms applies to a secured debt and consequently, mortgages would be included in it. similarly, when the amount of interest paid in the past as well .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP67
..... or illegal manner or was in violent disregard of the particular statute under which it purported to act.in the latter case, it is settled law that the defect can be waived. in ex parte pratt, (1884) 12 qbd 334, and ex parte may, (1884) 12 qbd 497, it was pointed out that where jurisdiction over the subject-matter exists, requiring ..... and is waived when not taken at the time the exercise of the jurisdiction is first claimed, (hobart v. frost, (1856) 5 duer ny 672) black on judgments, section 217.'21. in the instant case it cannot be said that there was want of jurisdiction in the first sense explained above to make the decree a nullity. the trial ..... that decision, in my opinion, is hardly relevant for the decision in this case. that was a case where the court had exceeded its pecuniary jurisdiction and consequently had acted without initial jurisdiction in the matter. in that case the plaintiffs had brought a suit against the defendant for rs. 2,000/- as damages resulting frorn cutting of trees .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP110; 1961CriLJ516
..... the person concerned was a citizen of india at the commencement of the constitution, his citizenship could be terminated only as provided for in section 9 of the citizenship. act, 1955. sub-section (2) of section 9 is as follows:'(2) if any question arises as to whether, when or how any person has acquired the citizenship of another ..... citizenship in any manner provided by law, (b) they have not acquired the citizenship at pakistan and consequently their indian citizenship is not terminated under section 9 of the citizenship act, 1955, and (c) that even if a question arose whether they had acquired the citizenship of pakistan, the method and manner of determining such ..... had terminated is a matter which could be determined only by the central government who have been prescribed as the authority for the purposes of section 9(2) of that act.accordingly, it is urged on behalf of the petitioners that unless such a determination was made by the central government, the state government or the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP141
..... of view, there is no substance in the contention of the learned counsel for the appellant that the first respondent is not entitled to anything after diwali, 1954. under section 37 of the act, it is the choice of the first respondent to claim either accounts or interest at 6 per cent per annum on the advances, whichever be greater. the choice ..... . even if we were to assume that the first respondent retired from the partnership with effect from diwali of the year 1954, there is no doubt that under section 37 of the partnership act he would be entitled to claim a share in the profits or to claim 6 per cent interest on the capital advanced by him unless the other partners ..... an abandonment by the first respondent is not established.23. an admission can only he used against a party, if it amounts to an estoppel, as provided by section 31 of the indian evidence act. it is always open to a party to explain, the admission made by him. as laid down by their lordships of the supreme court in a series .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP397
..... recovery of damages for malicious procecution. defendant no. 2 -- bala shai had made a complaint against the appellant on the basis of which he was prosecuted under sections 419 and 39d of the i. p. c. the result of that prosecution was that the appellant was discharged. the plaintiff's case is that the prosecution ..... was prosecuted by the defendant and that the prosecution terminated in plaintiff's favour. two, that the defendant was actuated by malice, and, three, that the defendant acted without reasonable and probable cause. unless the plaintiff succeeds in proving all the above three points, he cannot succeed. if he fails in establishing any of the ..... other.11. in this reference, we are concerned only with the last point, namely, whether it is necessary for the plaintiff to prove that the defendant acted without reasonable and probable cause.12. in air 1952 nag 310. the following passage occurs :'innocence is proved by proving acquittal in criminal proceedings where the prosecution .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP49
..... furnish any additional grounds for his eviction. apart from theright of the tenant to occupy the leased premises as provided in the transfer of property act, sections 4 and 17 of the 1955 act give him a further protection against being ejected and furnish to him new grounds of defence. it is only when the lease is determined in ..... niranjan, air 1928 pc 227. but the privy council made no such distinction. on the other hand, their lordships of the privy council observed that the material section of the act before them was intended to give relief to any person who, having been a tenant, came within the period of limitation to assert his claim to recover excessive ..... therefore, the view that the word 'tenant' does not include a person in whose favour there is no subsisting tenancy on the date of the commencement of the act, is accepted, then sections 16 and 17 are rendered altogether nugatory. the narrow construction, therefore, put on the word 'tenant' in bankelal's case, 1959 mp lj 589 (supra), .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP330; [1961]43ITR184(MP)
..... (1)(b) and became a constitutional obligation of the government; and (iv) that on a true construction of the relevant provisions of the income-tax act, section 13 of the finance act of 1950, and paragraph 16 of the taxation concessions order, 1950, they do not repeal the specific exemption granted to the petitioner by special 'statutory provisions ..... if, as was conceded on behalf of the petitioner, article 295 did not fetter legislative power, then it was unreal to say that the income-tax act, section 13 of the finance act, 1950, and paragraph 16 of the part b states (taxation concessions) order, 1950, were unconstitutional and void as they were in contravention of any obligation ..... learned counsel relied on the statement of law in maxwell's interpretation of statutes (10th edn.) at pp. 176 and 179, and on the decisions in seward v. vera cruz, (1884) 10 ac 59, blackpool corporation v. starr estate co., (1922) 1 ac 27, kutner v. phillips, (1891) 2 qb 267, williams v. pritchard, (1890) 100 er .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1961CriLJ122
..... for a sessions judge to frame a charge, although he may add, alter or amend the charge framed by the inquiry magistrate. if a trial under the act is to commence under section 271 of the cr. p.c. the special judge must be deemed to be empowered, by necessary intendment, to frame a charge.6. in my opinion ..... code have been applied to proceedings before a special judge in so far as they are not inconsistent with the act. section 19 of the act provides for 'appeals and revisions'' and this section overrides the provisions of any other law. sub-section (1) enables a person convicted by a special judge to file an appeal to the high court within a ..... dayal, j.1. the respondent was put up for trial before the special court bhind constituted under section 12 of the madhya bharat public security act, 1954, hereinafter called the act. the learned special judge after examining the documents filed before him under section 173 cri. p.c. refused to frame a charge, aggrieved by the order of discharge, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP370; [1960(1)FLR553]; (1961)ILLJ269MP
..... to the government of madhya pradesh, labour department.'the government may before issuing a certificate to the collector for recovery of the amountunder sub-section (1) of section 33c of the act require the labour commissioner or the assistant labour commissioner concerned, or the conciliation officer concerned, as the case may be, to enquire into ..... submitted that the amount of compensation payable as lay-off compensation to the workers could be determined only by the labour court as defined in section 7 of the act.4. in our judgment, this petition must be granted. the question that arises for determination in this application is whether government was the competent ..... of the constitution of india for quashing six certificates issued by the opponent no. 4, the government of madhya pradesh, labour department, under section 33c of the industrial disputes act, 1947, for recovery of certain amounts said to be payable as compensation to six workers of the petitioner-mills who were laid off under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP40
..... committee or any officer, shall be referred to the registrar.' we have divided the different clauses for convenience. the power to frame this rule is derived from section 43 of the act, sub-section (2), clause (1), in which identical language is used. 7. shri r. s. dabir for the respondent has contended that a dispute between a ..... had till then applied for membership including the appellant. 18. shri deoras has drawn our attention to the definition of 'member' in clause (c) of section 2 of the act. according to that definition, 'member' includes a person joining in the application for the registration of a society and a person admitted to membership after registration ..... been validly enrolled as a member of the society. in the first place, it may be noticed that the definition of 'member' as occurring in section 2(c) og the act is an inclusive definition and implies that the categories specified in the definition are not exhaustive. secondly, it appears to us from the statement of damodhar .....
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