Court : Madhya Pradesh
Reported in : AIR1964MP227
..... .'26. the learned counsel for the appellants wanted to submit as already said that the property is a private kabarstan. there cannot be any private wakf. the wakf validating act of 1913 makes only lawful a wakf for following purposes (a) for the maintenance and support wholly or partially of his family, children etc. and (b) where a person creating ..... a hanafi musalman also for his maintenance and support during his life time or for the payment of his debts. therefore even wakf validating act 1913 cannot validate such a private wakf.26a. as we have seen the evidence was led that some time or the other there was a mortgage of the property in dispute. ex. d ..... in dispute are two involved in the above two contentions. the court has found that the property is a wakf property and the kabarstan, a public kabarstan; therefore the defendants who are trustees and have committed several acts of misconduct have made themselves liable for removal. the court has however taken the property as a whole and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]148ITR412(MP)
..... iv) in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including any wakf deed which is valid under the mussalman wakf validating act, 1913) (vi of 1913), receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees '.7. ..... cit v. v.s. kumaraswamy reddiar trust : [1982]138itr808(ker) and it was observed as under (p. 813-814):'the further contention that even if a valid trust is posited the assessee was liable to be assessed as an association of persons was also pressed before us. passages from p. 949 of the 7th edn. ..... the hands of a representative assessee, had been considered by the bombay high court, while interpreting the analogous provisions of sections 40 and 41 of the indian i.t. act, 1922, in cit v. balwantrai jethalal vaidya : [1958]34itr187(bom) . after referring to the observations made by that court in its earlier judgment in saifudin alimohamed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP120
..... natural product or growth or expected increase of property already belonging to the seller, or in which he has a present interest may be the subject of a valid contract of sale, which operated to pass the property in the goods on their coming into existence as discussed infra: section 252.' (corpus juris secundam, volume ..... in future amounted to an interest in immovable property and attracted section 6(1} of the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950, with the consequence that all transfers of such rights became void as from thedate of vesting. it was also stated that transfers in favour of the ..... 10-19501951-52iii. khamaria kinardah kandai kiniayadunathsao29-3-19511951-523. it is common ground that after the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (1 of 1951) came into force on 31st march, 1951, the villages referred to in paragraph 2 above vested in the defendant, who thereafter had all .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP172
..... , ilr 25 bom 52, the bank of bombay had lent money to turner on equitable mortgage in contravention of section 37 of the presidency banks act, 1876. repelling the contention that no valid charge had been created, as the mortgage was unauthorized, sir lawrence jenkins, c. j., delivering the judgment of the division bench, held that ..... for the proposition, that any violation of such a condition of a charter would prevent the property in goods passing to the person to whom an instrument otherwise valid professed to pass it, and their lordships are of opinion, that whatever other effect the violation of such a condition may have, it has not the ..... the mortgagors could not repudiate the obligation into which they had purported to enter and that the presidency banks act did not prevent the actual acquisition by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP86
..... the year 1948-49'. it has not been controverted that the mere record as khudkasht, however erroneous, does not make it home-farm; it must be validly so recorded, or, if erroneously not so recorded, which could properly have been so recorded.this must obviously have been so because entries in annual papers ..... 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, ..... 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 : AIR1961MP67
..... decree in terms of it, the decree is not a nullity and not one passed without jurisdiction, but would be binding upon the parties to the decree and its validity cannot be questioned in the execution department, nor can any title derived under it be attacked''. (underlining (herein single quotation marks-ed.) is mine).24. in haran chandas ..... 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 ..... subject-matter before it but the complaint is that the court which had jurisdiction over the subject-matter, over the parties and over the lis pending before it, has acted in disregard of some provision of law, as for instance against the provisions of order 2.3, rule 3, as in the instant case, it cannot be said .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
..... 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, ..... case is not with reference to a pending suit. section 32 of the arbitration act is as follows : 'notwithstanding any saw for the time being in force, no suit shall lie on any ground whatsoever for decision upon the existence, effect or validity of an arbitration agreement or award, nor shall any arbitration agreement or award ..... be set aside, amended, modified or in any way affected otherwise than as provided in this act.' 84. it is clear from the heading of the section and the terms .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP146
..... sc 41 (supra), and lilavati bai v. state of bombay, 1957 scr 721: ((s) air 1957 sc 521). i shall, therefore, examine if the impugned act can be held to be valid law as satisfying all the requirements of article 31(2) on the footing that it being a self-contained code dealing with a subject different from that dealt ..... the conditions and limitations attaching to it, even though they be also duties.'these observations fully apply to sections 3 and 14 of the requisition act i accordingly hold that the state government could validity delegate its power to requisition as well as the connected duty to form an opinion as to the, necessity of the requisition.119. another ground ..... scr 721 : ( (s) air 1957 sc 521)'.90. that was a case of acquisition of land under the provision of the land acquisition act. it therefore follows that we need consider the validity of the impugned legislation only on the basis of limitations and conditions laid down in article 31(2) itself and there is no need to consider .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP137
..... the returning officer, was not joined as a respondent to the petition and his joinder was necessary as the respondent had challenged in his petition the validity and correctness of the order of rejection. the objection is unsubstantial. it is true that bhanwarlal assailed the decision of the returning officer rejecting hussain khan ..... the tribunal's finding that the appellant, by publishing the pamphlets, annexures 'd' and 'e', committed corrupt practice under section 123(4) of the act,the decision of the tribunal setting aside the election ofthe appellant mohansingh must be upheld. the result isthat this appeal is dismissed with costs of the respondent ..... 'in a very straightforward manner' and that he had not 'broken down' in his cross-examination. the tribunal also stated certain circumstances persuading it to act on the evidence of rameshchandra. they were that mohansingh admittedly got all his printing work in connection with the election campaign done at the maheshwari printing press; .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP101
..... question which was referred to arbitration was regarding the interpretation of clause (10) of the agreement. the claim on the basis of the supplementary agreement or its validity was not referred to arbitration. the conclusion is that the company was not entitled to any decree on the basis of the supplementary agreement. there was an ..... the institution of the suit that the company would be entitled to a decree. it would make no substantial difference if the residuary article 115 of the limitation act, which applies to all actions ex contractu were pressed in service. the plaintiff is, however, entitled to the exclusion of two months for statutory notice. the ..... '. this contention was negatived and it was held that electric energy was 'movable property' and, therefore, 'goods' within the meaning of article 52 of the limitation act. the decree was confined to a period oi three years prior to the institution of the suit. our view finds support from these two decisions. accordingly, in the .....
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