Court : Madhya Pradesh
Reported in : (2000)ILLJ358MP; 2000(1)MPLJ26
..... under section 5a and section 5b respectively, of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), or the 'indian airlines' and 'air india' corporations established under section 3 of air corporation act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956) or the oil and natural gas commission established under section ..... 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation act, 1962 (58 of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ1305
..... appellate jurisdiction. similarly, i think that the substituted jurisdiction to issue orders under section 45, specific relief act, is original jurisdiction. it may in terms be directed to any person holding a public office and to any corporation, as well as to any interior court of judicature. the nature of the jurisdiction exercised is the same ..... reference to which the exercise of these powers will be regulated. this court has the power to regulate its own procedure under section 24, madhya bharat high court act, (act 8 of 1949) & the rules as to who will apply for these writs & what form those applications should take will be framed by this court. i ..... are several, any infringement of which constitutes an offence. for instance the right mentioned in article 21 which provides that no person shall be deprived of his life or personal liberty except according to the procedure prescribed by the law. this is a right which was recognised even before the present, constitution came into force .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1957CriLJ64
..... directs the doing of a thing for the sake of justice or public good the word 'may' has the same force as the word 'shall'. government of burma v. municipal corporation of rangoon air 1930 rang 279 (fb) (c).10. the following passage from maxwell on interpretation of statutes (edn. 10) page 244 further fortifies me in the view i take ..... common, both the references are disposed by a single order.2. the code of criminal procedure of 1898 has undergone changes in many important respects by the criminal procedure (amendment) act 26 of 1955. in chapter 18, which relates to inquiry into cases triable by the court of session or high court, section 207a is an altogether new section, designed to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP60
..... it were assumed that the petitioner could not resort to the remedy of election-petition and prevent respondent no. 1 from acting as a councillor to select councillors under section 9 (2) of the city of nagpur corporation act, 1948, he could not be granted the writ of quo-warranto as he failed to raise the objection at proper ..... detenu contended that on 22-9-1952 the government had no authority to extend the period of his detention beyond 30-9-1952 i.e., the life time of the act then in force and that the order extending the detention till 31-12-1952 was illegal. on behalf of the state government order dated 22-9-1952 ..... the machinery of the university has to be set up as a condition precedent to its 'body corporate' functioning immediately from the appointed day and that for that purpose transitional powers can be exercised 'notwithstanding anything contained in the act,' statutes or ordinances' and that extraordinary powers of the chancellor to bring the university into being can .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP98
..... the bond, which he gives to the court under the code of civil procedure, is excluded from the definition of a ''contract of guarantee' as contained in the contract act, which is a tripartite, agreement between the 'surety', the 'principal debtor' and the 'creditor''. no such tripartite contractual obligation is created between the parties to the; ..... -founded. we have already taken the view that once the court was informed of an application having been made at the dehradun tribunal under the d. p. act, further proceedings against the judgment-debtor ought to have been stayed, but they were not stayed. in the meantime, the tribunal at dehradun rejected and returned the ..... the question that upon the intimation to the civil court that the judgment-debtor had filed his application for adjustment of his debts under the d. p. act, all proceedings in the civil court became automatically stayed and that it was incumbent upon the additional district judge, jabalpur, to transmit the records of all the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1957]8STC781(MP)
..... was observed at page 410 by lindley, l. j., in farrar v. farrars ltd [1888] 40 ch. d. 395, that a sale by a member of a corporation to the corporation itself is in every sense a sale valid in equity as well as at law. this principle in some different circumstances has been applied in wurzel v. hoitghton main ..... an ejusdem generis interpretation. but sometimes the context may show that the doctrine of ejusdem generis may not be applicable. in national association of local government officers v. bolton corporation [1913] a.c. 166 the definition of 'workman' as given in the conditions of employment and national arbitration order, 1940, and identical with that given in the ..... home delivery service, limited [1937] 1 k.b. 380. in that case sub-section (4) of section 2 of the english road and rail traffic act, 1933, came .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP168
..... matter because the tribunal made the order on a request of the petitioner himself and not in invitum.he, therefore, contended on the authority of latchmanan chettiar v. commissioner of corporation of madras ilr 50 mad 130 : (air 1927 mad 130) (fb) (a) and the cases cited therein, and j. k. iron & steel co. ltd., v. ..... forth full particulars of any corrupt practice, etc. a distinction is made between a statement of the material facts and particulars of any corrupt practice. under the unamended act a list of corrupt practices had to be filed. not much difference has, however, been made, though the language has been changed, between the requirements as they ..... whether or not the tribunal can order better particulars is a matter which falls to be decided upon the intention underlying the amendment. in our opinion, when the act previously contained a specific provision for the ordering of better particulars and that has been deleted, the action of the legislature must be taken to be deliberate. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP103
..... or groups of persons who possess any share of this civil power constitutes the government of the state. they are the agents through whom the state, as a corporate unity, acts and moves and fulfils its end.'34. this analysis of what is meant by 'government' shows that in the context of the indian constitution 'central government' would ..... unless there is a real principle of law laid down, and it is the principle itself that is wanted for citation.'23. again in mayor and sherratt v. cooperative insurance society, ltd,, 1939-2 kb 627 at p. 635 (s), mackinnon l. j. observed as follows :'mr. flint tried to assist us by citing separate expressions ..... venkatachalam potti, 1955-2 scr 1196: ((s) air 1956 sc 246) (j). that case arose under the travancore taxation on income (investigation commission) act (act 14 of 1124). under that act an officer was making an inquiry into the income of the petitioner. the order appointing the officer and investing him with jurisdiction was passed by the investigation .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP115
..... made by a person in his individual capacity or on behalf of any church or institution. the free exercise of religion by which is meant the performance of outward acts in pursuance of religious belief, is, as stated above, subject to state regulation imposed to secuie order, public health and morals of the people.' the supreme ..... practise and propagate religion is guaranteed under article 25(1) of the constitution; that that article protects not only religious beliefs but also religious practice or performance of acts in pursuance of religious belief; that the presence of a shivling in a jain temple is repugnant to the religious principles of the jain worship of their own ..... deities installed therein.referring to eshugbayi eleko v. officer administering the govt, of nigeria, air 1931 pc 248 (c), it was said that the executive could only act in pursuance of the powers given to it by law and no member of the executive could interfere with the petitioners' right to freedom of religion except on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP240
..... er 1677. even the constant noise made by the lift and the banging of collapsible metal doovs has been held to be a nuisance in newman v. real estate debenture corporation ltd., 1940-1 all er 131, where the following observations of atkinson, j., at pp. 145-146 make the facts so far as the question of noise was ..... day to dav and so a judgment for damages cannot afford the plaintiff adequate relief. it has been established by a current of the highest authorities that what makes life lose comfort and annoyance is a proper subject for injunction. a man is entitled to the comfort-able enjoyment of his dwelling house and to carry on ordinary conversation ..... two things are self-contradictory.' (6) if the defendant is found to be carrying on his business so as to cause a nuisance to his neighbours, he is not acting reasonably as regards thorn, and may be restrained by injunction, although he may be conducting his business in a proper manner and according to rules framed in this behalf either .....
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