Court : Madhya Pradesh
Reported in : AIR1961MP13; 1961CriLJ92; 1962MPLJ246
..... the applicant in revision has been convicted under section 9(a) of the indian opium act, as amended by the madhya bharat act 15 of 1955 and sentenced to suffer rigorous imprisonment for a year and a half and to pay a fine of ..... it is urged that the state legislature of madhya bharat was constitutionally incompetent to amend section 9(a) of the indian opium act and thereby enhance the punishment, 'opium' being entry no. ..... this state at all events cases of this class are only on 'police reports'.any way, as far as the accused is concerned and even if the procedure indicated in section 251a is followed in a case more properly coming under section 252 there is no prejudice, the difference being on the manner in which the court arrives at the prima facie case. ..... actually the madhya bharat opium act 15 of 1955 amends the provisions of indian opium act not in regard to matters mentioned in (entry 59) list i, but in regard to ..... when parliament enacts in regard to cultivation or manufacture or sale for export of opium it is acting in exercise of powers given by entry 59 in the union list; but when it enacts in regard to other matters concerning opium, it is in accordance with entry 19 in the concurrent ..... we do not know, whether ramsingh was available or within the reach of the court, when the case was sent up. ..... it appears that when the raid was on, the usual large crowd collected in front of the ..... when he could have had the opportunity to cross-examine on two occasions once before and again after .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP314
..... it was also pleaded on their behalf that notice under section 77 of the indian railways act, 1890, or section 80 of the civil procedure code was not given by the plaintiffs and if it be held that a notice was given, it was defective in material particulars and was consequently invalid ..... do not, therefore, uphold the contention that the notice is defective either under section 77 of the indian railways act or section 80 of the code of civil procedure. 10. ..... from this question, we think that the case is not covered by section 77 of the indian railways act. ..... they were merely servants and not agents of the railway administration, and, accordingly, the plaintiffs were justified in refusing to take delivery on their instructions when a court of law was seized of the matter. ..... apparently he had no motive to suppress the document when the endorsement thereon for consideration in favour of the plaintiffs was not a matter of dispute and has been testified to by rameshwar lal (p. ..... so far as section 80 of the code of civil procedure is concerned, the notice was addressed to the statutory authority and sets out the required ..... that section only applies to suits for loss, destruction or deterioration of ..... is not a matter of dispute that the goods were consigned on 14-12-1950 and had not reached the destination till 6-7-1951 when the suit was filed. ..... profits claimed on this amount by the plaintiffs cannot obviously be allowed, as they exceed the limit of the damages which they can legally recover. 9. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ1305
..... . from the trend of the speeches in the constituent assembly, from its intentions & the policy adopted, &, from the express words used, & then from the substitution for section 50 in the specific relief act, in the adaptation laws order of 1950 i am quite clear in my mind that the constitution did confer jurisdiction & powers on the high courts to issue prerogative writs in suitable cases ..... . after 1935 the revisional powers were confined to those cases where the indian enactments conferred such a power, the omission of this provision in article 227 of the constitution, removes the restriction & restores the law to what it was before the govt ..... remedy under article 226 is extraordinary & relief should be granted under it only when ordinary legal process cannot afford adequate & prompt relief. ..... . as soon as the indian companies act was adopted in madhya bharat ordinary original civil jurisdiction was conferred on this court so far as cases under the indian companies act were concerned ..... 22 & 26 of patents & designs act (1911) or under the indian succession act in the matter of grant of probates are other examples.30. ..... the union acceded to the dominion of india & now forms a state of indian republic under its old name madhya bharat.2. ..... ' i have already shown that all the three terms - directions, orders & writs - expressed in the language of indian law & procedure signify no more than orders (i.e. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP165; 1986MPLJ261
..... be recorded and every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of presentation of the petition.section 87 provides that subject to the provisions of the act and of any rules made thereunder, every election petition shall be tried by the high court, as nearly as may be, in accordance with the procedure applicable under the code of civil ..... , air 1954 sc 520 held that the right of seeking election and sitting in parliament or in a state legislature is a creature of the constitution and when the constitution provides a special remedy for enforcing that right, no other remedy by ordinary action in a court of law is available to a person in regard ..... emperor of england, over us as if the royal prerogative powers of king still prevail upon our constitution seven after our country becoming a sovereign republic where there is no root of sovereign powers of king and when no order, notification or charter issued by the king emperor of england under his monarchial or prerogative powers, have been adopted in our constitution.27. ..... coming into force of the indian provisional constitution (amendment) order, 1948, the entire legal position in respect of letters ..... dealing with the scope of clause 15 of the letters patent of punjab high court, which is pari material to clause 10 of the letters patent of our high court decided that when an act is a complete code in itself providing forum of appeal etc. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP236
..... for instance, the transferor can always file a suit for setting aside a transfer on the grounds available to the transferor under the indian contract act, namely, that the transaction is vitiated by fraud, coercion and undue influence, that it is a nominal tranfer, that it is a transfer evidencing a transaction of loan and such other things. ..... the learned judge held that such a transaction would be void and consequently, section 65 of the indian contract act might be attracted to such a case. 12. a. p. ..... shravan kumar, (1972 mplj 95) (supra) held that such a transaction would be void by reason of section 23 of the contract act and in order to work out equities between the parties, section 65 of the contract act might be attracted. 13. ..... similarly, while granting permission under section 165 (6) of the act, he can refuse or grant permission without deciding the question of title as such, the heirs can certainly approach the civil court in order to have their title declared and in such a case the relief of possession would ..... which might vitiate a contract under the indian contract act relating to fraud, coercion, undue influence or nominal nature of the transaction etc. ..... therefore, it can be urged that section 23 of the contract act ought to be invoked as a transfer in contravention of the specific statutory prohibition would be opposed to public policy. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP93
..... of electricity from its generating set under clause 3 of the generation order with the result that the contractual obligation to supply power was reduced to this extent and it was nil when the entire contractual obligation was to supply only 2500 k.w, the supply of power up to 11-11-1979; was only during emergency covered by clause 3, proviso (iii) of the generation order and not because the direction ..... (2) without prejudice to the generality of the powers conferred by sub-section (1) an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with-- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or(ii) any requisition for the ..... further stated therein that after the sixth boiler had been stabilised, the petitioner-company would not draw any power from the board after 15-9-1977, when overhauling of the boilers was completed, except in case of any emergency due to outage of any of the boilers. ..... the state government's power to impose rationing of the energy when the demand is far in excess of supply, by issuing orders under this provision, is not ..... it appears that the trouble arose when the company was not able to continue getting the emergency supply in the same manner even after 12-11-1979 and this has led to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1971MP162; 1971MPLJ425; [1971]28STC558(MP)
..... stc 689 (sc) where it was held that 'money paid under a mistake of law comes within the word 'mistake' in section 72 of the contract act and there is no question of estoppel when the mistake of law is common to both the assessee and the taxing authority.'12. ..... petitioner wanted to urge that the tax had been illegally collected from it, the petitioner should have kept his right alive by pursuing the remedies which are provided by the sales tax act and failing that he should have filed a suit within three years of the date of payment and that not having done he is not entitled to invoke the special remedy provided by article 226. ..... 14-4-1967 (reported in air 1967 sc 1758) that it was not within the competence of the state authorities under sections 13(3) and 13(4) of the central sales tax act to provide that a single declaration covering more than one transaction shall not be made. ..... article 96 was not retained as it was not necessary in view of the provision made in section 17 and not because a change in law was desired to be effected (see limitation act, 1963, by chitaley and rao, fourth edition, at page 900, under the heading 'suit for money ..... that subject to the question of limitation, waiver and estoppel, money paid under mistake or coercion may be recovered under section 72 of the indian contract act. ..... under the indian limitation act, 1908, a 'claim for relief on the ground of mistake was governed by article 96 and time commenced to run from the date when the mistake becomes known .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP330; [1961]43ITR184(MP)
..... taxable territories prior to 1-4-1950, and such an assessee, as a resident, was taxable in respect of all his income of the previous year.section 60-a of the act, which was inserted in the indian income-tax act by the taxation laws (extension to merged states and amendment) act, 1949, authorised the central government to make an exemption, reduction or modification as regards liability to tax in favour of any class of income or ..... under the vindhya pradesh merger agreement and that subsequently the muafi granted by the said rulers in respect of four villages became the obligation of the uttar pradesh government when these villages were absorbed in uttar pradesh under the provinces and states (absorption of enclaves) order, 1950, on 25-1-1950, proceeded to say;'the grants are ..... the question that was considered was as to the effect of partial declaration of invalidity of section 13(b) of the bombay prohibition act, 1949, and it was said that 'the part of the section which has been declared void has no legal force so far as citizens are concerned and it cannot be recognised as valid law ..... the government of india under article 295(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', and that, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
..... their lordships of the privy council, while considering the question with reference to section 3 of limitation act when that question arose in connection with section 186 of the indian companies act (1913) observed :-- 'suit ordinarily means and apart from the context must be taken to mean a civil proceeding instituted by ..... 124, where their lordships considered the scope and significance of the word 'sue' as used in section 176 of the government of india act 1935, and expressed the opinion that it connotes the enforcement of a claim or civil right by means of a legal proceedingand is not confined to a proceeding which must begin with a plaint and end in a ..... code speaks of 'suing' and particularly 'suing in a suit', we should assume that the suit is a suit properly so called, and not merely any legal proceeding, unless of course (which it is not the case here), there is something to the contrary in the context itself. ..... it is urged that under section 86 read with section 87b the proceedings in the civil court that have led to the filing of the award followed by a decree, could, not legally have been started at all in the absence of by sanction of the government of india; this being a mandatory provision, the waiver on the part of the ..... may be followed in other legal proceedings; but section 86(1) is not mere procedure. ..... again, the civil procedure code creates a definite and exclusive category of legal proceedings called 'suits' which have got distinctive features at the beginning as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT270; 2006(1)MPLJ238
..... there is no right in any employee of the state to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the ..... --(1) after the expiry of one year from the date appointed under sub-section (2) of section 23, no person other than a registered architect, or a firm of architects shall use the title and style of architect:(2) if any person contravenes the provisions of sub- section (1), he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment which may extend to six months ..... section 15(2) of the indian medical council act, 1956 bars any person other than medical practitioners enrolled on the state medical registers from practicing medicine or holding the office as 'physician' or 'surgeon' in any government institution or other ..... (2) after the expiry of two years from the date appointed under sub-section (2) of section 24, a person who is registered in the register shall get preference for appointment as an architect under the central or state government or in any other local body or institution which is supported or aided from the ..... architects act, 1972 dealing with the profession of architects and enactments dealing with medical and legal professions. .....
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