Court : Madhya Pradesh
Decided on : Dec-12-1961
Reported in : AIR1962MP301
..... firm museram kishunprasad, air 1950 nag 85 (judgment of 28-9-1947).'merely suing the governor general as representing the entire state owned railways (at least before the indian independence act was passed), is not a proper form of suit because that would render section 80 otiose and meaningless. 'whatever may be the position after the ..... to implead either of the railways is fatal to his suit.12. certainly, we are of the view that an omission like this could have been remedied by a formal amendment; but the plaintiff failed to do se even after the omission was pointed out in the written statement ('other objections' (d)).13. ground no. (i) (c):--the ..... officer,who examined the goods before open delivery, that the damage could not have happened by the mere jolting within the wagon during motion and shunting, and that the boiler must have fallen down before sustaining the damage. in the absence of any alternative theory, this has to be accepted. secondly, the plaintiff has shown what is obvious .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-31-1961
Reported in : AIR1962MP276
..... by the learned judge that the decree which was a nullity and, therefore, inexecutable in an indian court did not change its legal character because of the provisions of article 261(3) of the constitution of india. the civil procedure code amendment act no. 2 of 1951, not being retrospective in effect, it was further held that such a ..... decree was not executable even after the coming into force of that act.7. the learned counsel contended that in arriving at his decision, in firm ..... decree which was a nullity when it was passed and, therefore, inexecutable in a foreign territory cannot on account of subsequent political events become executable, the amendments made in the provisions of section 43 of the code of civil procedure cannot furnish any ground for escape from that position.8. lastly the learned counsel .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-05-1961
Reported in : AIR1962MP280; 1962MPLJ281
..... of which would have enabled an assessee to demand a reference, was held to be not affected by an amendment of the madhya bharat sales tax act, 1950, which freshly imposed payment of the entire assessed tax as a pre-condition for filing a revision. speaking about review, the judicial committee stated in ..... p. v. dharamchand, air 1924 nag 24, the right to demand a reference, which had already accrued, was held not to have been impliedly taken away by the indian income-tax act xi of 1922. in k. s. nazar ah mills ltd. v. commissioner of sales tax, air 1958 madh pra 282, the pre-existing right of revision, the exercise ..... chhajju ram v. ncki 49 ind app 144 : (air 1922 pc 112) that ''the right is the creation of indian statute-law'.it was furtner pointed out .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-1961
Reported in : AIR1962MP117
..... which remained in force for four years, provided for the first time for registration of money-lenders and matters incidental thereto. thereafter, by the central provinces money-lenders (amendment) act, 1940 (xiv of 1940), sections 11-a to 11-i were inserted, by section 11-b, every person, who carries on or intends to carry on the ..... conditions on which they might be done .... broadly speaking, that whichhas been forbidden in the public interest cannot be made lawful by paying the penalty for it. .....',(indian contract act, 8th edition, page 158)8. in view of the authorities noticed in the last two paragraphs, the position is well settled. when an enactment merely imposes a ..... greatly oppressed by the authority of reeves v. butcher, 1891-2 qb 509. it is, they think, always dangerous to apply english decisions to the construction of an indian act.' (page 385 (of ind app) : fat p. 211 of air))13. another argument in support of the invalidity of a loan advanced in contravention of section 11 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1961
Reported in : AIR1962MP212; 1962MPLJ248
..... the aboriginal tribe and smt. mira devi was a hindu and therefore the marriage could not be solemnized under section 2 of the special marriage act, 1872, as amended in 1923. that section permits a marriage between two persons both of whom do not profess any of the seven faiths specified therein or between ..... the death of gopal saran singh, his estate would devolve on the defendants according to the provisions of the indian succession act as provided in section 24 of the special marriage act. under the indian succession act, the widow and lineal descendants of ihe deceased exclude the mother and therefore the property left by copal saran singh ..... foreign domicile, for many years before the principle of legitimation by subsequent marriage of the child's parents was introduced into english law by the legitimacy act, 1926; to recognise the status of husband and wife between parties who could dissolve their marriage by consent and registration.........'in this connection, distinction between .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-25-1961
Reported in : AIR1962MP146
..... was requisitioned within the meaning of article 31, the operation of article 19 was excluded. but there is no scope for drawing such analogy after the constitution (fourth amendment) act, 1955, as thereafter they dealt with two different subjects : article 31(2) and (2a) with acquisition and requisition and article 31(1) with deprivation of ..... within the meaning of article 31, the operation of article 19 was excluded. but there is no scope for drawing such an analogy after the constitution (fourth amendment) act, 1955, as thereafter they deaft with two different subjects; article 31(2) and (2-a) with acquisition and requisition and article 31(1) with deprivation ..... contained in the lease and the sanad?' and answered it by saying:'.... the whole of the learned judges, who are thoroughly conversant with the conditions of indian life, say that they are satisfied that the scheme is one which will redound to public benefit by helping the government to maintain the efficiency of its .....
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