Court : Madhya Pradesh
Reported in : AIR1959MP58
..... law. according to their lordships, the resolution of all election disputes must be limited to the extent they are provided for in the representation of the people act. basing his arguments upon this, shri dabir, who appeared for inayatullah, contended that the cross-objection was untenable. reference was made to section 82 of the ..... a direct authority for that proposition is available in jaikrishna v. sawatram, air 3940 nag 292, where pollock j. reached this conclusion in relation to the provincial insolvency act. and referred to a full bench decision of the madras high court reported in alagappa chettiar v. chockalingam chetty, ilr 41 mad 904 : (air 1919 mad ..... contract of the parties, and even though the fiction had worked itself out, for all intents and purposes, in view of the provisions of the states reorganisation act, the state of madhya pradesh became substituted for the state of bhopal as one of the contracting parties. with this statutory novation, performance could be demanded .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP271
..... certainly he included within the phrase 'other cause of a like nature.' 17. as we find in favour of the appellants about section 14 of the limitation act being available to them, it is not necessary to decide the alternative contention of the learned counsel regarding the starting point of limitation under article 11-a of the ..... j. c. (as he then was), was concerned with the question whether the period occupied by an infructuous revision could be excluded under section 14 of the limitations act. it was argued in that case that limitation did not start till the date of the final order. that contention was negatived. as regards sectioin 14, the learned ..... been prosecuting with due diligence another civil proceeding in a court of appeal? certainly the time requisite for obtaining the certified copies under section 12 of the limitation act would be included within the meaning of the section. also the limitation prescribed for the filing of an appeal would be included, if the appeal be filed on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP151
..... he has not. if the evidence adduced by the plaintiff proves the illegality the court ought not to assist him.'this case was followed in gedge v. royal exchange assurance corporation (1900) 2 0 b 214, where kennedy, j. refused to enforce an agreement which was illegal although illegality of it had not been pleaded. to the same effect ..... v. thomas corlett, (1358) 12 moo pc 199: 14 er 887; tillmanns and co. v. s. s. knutsford, ltd. (1908) a k b 385; stewart v. merchants marine insurance co. ltd. (1885) 16 q b 619 and to halsbury's laws of england (vol. viii), simond's edition, paragraph 144, reference was also made to the observations at pages ..... the preponderance of probability constitutes a sufficient ground for a decision but in criminal cases the prosecution has to prove the charge beyond reasonable doubt' (see sarkar's evidence act, 10th edition, volume-1 page 130). of course, if the facts and circumstances are such that no reasonable man would draw a particular inference from them or if .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP27
..... khurai municipal committee, was himself a rival candidate on behalf if jan sangh.premnarain (p.w. 15), an ex-head constable and a previous convict under the prohibition act, held a licence from the municipal committee. ramashanker (p.w. 16), an uncle of an employee of the appellant, also holds a licence from the committee. all ..... , in an election petition, a corrupt practice has been alleged, but no paiticulars at all are furnished, the election tribunal has, under section 90 (5) of the act, power to allow such particulars or instances to be given are showing good cause and in accordance with the law of; procedure : babulal sharma v. brijnarayan brajesh, air ..... their performance to appeal to the religious sentiments of the voters. those particulars, therefore, do not disclose any corrupt practice as defined in section 123(3) of the act and cannot be allowed. as regards items 3 and 4, since no fresh particulars were given, no question of amendment of the particulars relating thereto arises.11. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP367
..... mandamus is a high prerogative writ of a most extensive remedial nature, and is in form a command issuing from the high court of justice, directing any person ..... corporation ..... requiring him or them to do some particular thing, therein specified, which pertains to his or their office and is in the nature of a public duty. ..... student to have passed an examination when he fulfilled every condition for such a declaration because of a wrong view which it took of its regulations. the specific act was then considered ministerial. in that case the only ground for withholding declaration was a wrong interpretation of the word 'subject' in the regulations.48. when a ..... and the high court could not as a court of appeal, substitute its own judgment for that of the university authorities who, confronted with an urgent situation acted only as reasonable and responsible men.43. the above pronouncement of their lordships is the authority for the proposition that where the law has entrusted a certain .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP86
..... extending its true meaning by a legal fiction. the legal fiction is created by the expression: 'deemed to be.' in commr. of income tax, bombay v. bombay trust corporation, ltd., ilr 54 bom. 216: (air 1930 pc 54), the judicial committee of the privy council at p. 223 (of ilr bom): (at p. 55 of ..... practice' shall be deemed to be cultivated. 'agricultural practice' is practice pertaining to agriculture.the word 'agriculture' has not been defined in the central provinces land revenue act, 1917, and should be presumed to have been used in its ordinary sense. the primary meaning of agriculture is agera field, -- cultura-cultivation, that is, cultivation ..... but not a malik-makbuza.' 4. it has been contended that since 'agriculture' or 'agricultural practice' has not been defined in the central provinces land revenue act, 1917, the expression 'agricultural practice' occurring in the first explanation reproduced above should be construed with reference to the meaning given to 'agriculture' in a later .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP280
..... s laws of england (3rd edition) volume 8 page 29 para 51, it is said'that the breach of an undertaking given to the court by a person or corporation, in pendingproceedings, on the faith of which, the court sanctions a particular course of action or in-action, is misconduct amounting to contempt.''this passage from halsbury bears ..... (devendra nath gupta), who is a tenant of the petitioner ramjiwan, filed a suit before the rent controller, under section 8 of the madhya bharat accommodation control act of 1955 (act no. 23 of 1956), alleging that the landlord, had, without sufficient cause cut off the tenant's electric connection and prayed that the landlord be directed to ..... the present petition are in the main two :one: that contempt proceedings may be taken against the opposite party for not obeying the order of the court and not acting according to the compromise.two : that the tenant devendra nath gupta be directed to vacate the premises and pay up the arrears due.3. in respect of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
..... in perpetuity at the rate of 5 p.c.p.a. on the principal, in this regard the east india company was no more than a banker or an insurance agent taking a deposit as the price of an annuity. the grantor is the ruler, and the grantee or grantees are his dependants, the purpose being to provide ..... of suits applicable to proceedings in insolvency and section 141 c.p.c. all the provisions of the civil procedure code including section 86 are not attracted. the provincial insolvency act it was held authorized the insolvency court to give notices of the date of hearing of a debtor's petition to all the creditors whether they be ruling princes ..... by submitting to court's jurisdiction and, as appears from the decision in 1924 ac 797 duff development co. v. kelantan government, an arbitration proceeding under english arbitration act of 1889 for enforcement of an award even after the foreign sovereign had submitted to the jurisdiction by invoking the courts' jurisdiction to set aside the award, was held .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP223
..... of equity cannot weigh, where provisions of the indian limitation act are to be construed, as laid down by their lordships of the privy council in nagendra nath dey v. suresh chandra, 59 ind app 283: (air 1932 pc 165) and general accident fire and life assurance corporation, ltd. v. janmahomed abdul rahim, 67 ind app 416 ..... : (air 1941 pc 6).in the former case, his lordship sir dinshah mulla, delivering the judgment of the board, observed that the provisions of the limitation act ought to be interpreted in a strict grammatical sense ..... wholly out of place. the question for their lordships' consideration was whether the word 'appeal' in article 182(2) 6f schedule i of the limitation act would include an irregular or incompetent appeal.their lordships laid down that it would include not only an irregular or incompetent appeal but would also include any application .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP47
..... commercial venture and it was in the hands of several commercial bodies such as insurance companies both indian and foreign. the parliament with a view to nationalise ..... counsel to call life insurance corporation as a local body in that sense. 10. in my opinion this contention is correct. life insurance corporation has no hand in what may be called municipal administration of any locality. prior to the coming into force of the life insurance corporation act of 1956 the work of life insurance was a private ..... which arises for consideration in this petition under article 226 of the constitution is whether 'the life insurance corporation' can be called a 'local authority' for the purpose of section 14 (1) (f) of the madhya bharat municipalities act no. 1 of 1954. 2. the question arose for consideration under the following circumstances. .....
Tag this Judgment!