Court : Madhya Pradesh
Reported in : AIR1997MP8
..... thandla, district jhabua, in civil suit no. 23-a/94 whereby the suit in question has been declined to be transferred to the tribunal constituted under the wakf act. short facts giving rise to the present revision-petition are that the plaintiff filed suit for permanent injunction restraining the defendants, not to demolish the shop through ..... fourth civil judge class i, indore, in civil suit no. 15-a/93 whereby the aforesaid suit has been transferred to the tribunal, as constituted under the wakf act, 1954. both the orders arise from the same suit. facts giving rise to both the petitions are that the plaintiff filed the, suit praying relief inter alia ..... in other words, in my opinion, the validity of orders made under the provisions of the act or any rule or order made thereunder can be challenged by aggrieved persons before the tribunal for determination of the dispute relating to wakf. however, the mutawalli of a wakf, or persons interested in a wakf are competent under section 55(2) of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ259
..... excise allahabad and ors., air 1979 all. 128, decided by a division bench; in spite of the explanation inserted in section 141 by the civil procedure code (amendment) act, 1976, the salutary principles enshrined in the civil procedure code governing the trial of civil suits may be applied to the proceedings excepting the cases of habeas corpus petitions under ..... of gross violation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for ..... and supply of food, clothes, bed etc. there is no specific pleadings in regard to the non- compliance of the provisions contained in the aforesaid act and the rules framed thereunder. in any view of the matter taking into consideration the action taken by the state government as reported by the chief secretary .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ1742
..... gross violation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for ..... makes the relation between the state and that of servant identical with the circumstances of private employment. however, unless it is shown that the employee was acting in exercise of sovereign power delegated to him by some law or rule and was doing something which could not be done by a private individual ..... collector central excise, allahabad air 1979 all 128, decided by a division bench; in spite of the explanation inserted in section 141 by the civil procedure code (amendment) act, 1976, the salutary principles enshrined in the civil procedure code governing the trial of civil suits may be applied to the proceedings excepting the cases of habeas corpus petitions .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
..... (annexure p-15) and the ordinance published in the madhya pradesh gazette, extra-ordinary, dated 13-4-2000 (annexure p-16) and the constitutional validity of the amended act. it is putforth that appointment of teachers employed in various colleges is made by the state government in accordance with the procedure laid down and the petitioners ..... gujarat and anr. v. roman lal keshav lal, air 1984 sc 161. in the aforesaid case the constitution bench was dealing with the validity of the gujarat panchayat (third amendment) (act 28 of 1978) in the backdrop of the service conditions of the employees of gujarat panchayat. their lordships in paragraph 52 held as under:--'52 ..... into force by way of the madhya pradesh ashaskiya shikshan sanstha (adhyapakon tatha anya karmachariyon ke vetano ka sandaya) sanshodhan adhiniyam, 2000 (act 26 of 2000). thus, in essence it is the validity of the amended statute which has to be scrutinised by this court.33. by virtue of the amendment, the nomenclature of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... is concerned it confers power on the government to approve the appointment of the chancellor. the said power of the state government occurs under section 9 (2) of the act, the validity of which we have already upheld. hence, the said provision, in our opinion, does not suffer from vice of any unconstitutionality.126. as far as section 37-b ( ..... teachers association v. state of andhra pradesh and anr., air 1987 sc 2034. in the said case their lordships were dealing with the validity of the andhra pradesh commissionerate of higher education act. the said act was enacted in exercise of power conferred on the state legislature under entry 25 of list ill/concurrent list of 7th schedule of the ..... any other law for the time being in force. the first limb of the section does not create any problem inasmuch as we have upheld the validity of section 37-b (b) of the act. as far as the words 'any other law for the time being in force' is concerned, the learned counsel for the petitioners have raised .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2003(4)JCR325(MP)]; 2003(1)MPHT226
..... because, there will always be, beyond the frontiers of the existing law, new areas inviting judicial scrutiny and judicial choice-making which could well affect the validity of existing legal dogma. the search for solutions responsive to a changed social era involves a search not only among competing propositions of law, or competing ..... of their constitutional obligation to strengthen the judiciary quantitatively and qualitatively by providing requisite funds, manpower and infrastructure. we hope and trust that the government shall act.' raju, j., comprising the bench and concurring on question said in paragraph36 that- '36. the declaration of law made by the constitution bench of ..... the bank of nationalisation case, which was decided by a larger bench. it is difficult to accept the submission that the views expressed in khajamian wakf estates' case (supra) are contrary to rustam cavasjee cooper's case. apart from that this bench cannot pass upon the correctness or otherwise of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP22; 2003(4)MPLJ513
..... the scheme framed in para nos. 16 and 17 of the impugned order for the welfare of the plaintiffs (fakirs) (sic) are rendering services to the 'majar' is valid according to the wakf act, 1995 or not? it has been proved that the plaintiffs in the suit are rendering services to the 'majar', hereditarily, in succession, therefore, they have got the ..... framed scheme under the law. therefore, this argument of shri saraf, learned counsel appearing for the board appears to be meritless that there is no provision in the wakf act for framing any scheme of management to the mujawaris and khidmatgars rendering services on 'majars'. in fact this question is part of management scheme of 'majars' which is a ..... the scheme for the upkeep of the dargah. mujawar is a servant and the property of dargah does not vest in him. there is no provision in the wakf act by which the mujawars or mutwallis can get share in the income of the said 'majar' along with the offerings thereto. he further submitted that once a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT370
..... limitation to file suit expired. indeed, when the suit itself was barred by limitation, the respondent had no power to file an application under section 6/7 of the amended wakf act, 1995 before the tribunal. it was thus, not maintainable and equally hopelessly barred by time and hence, had to be dismissed on the ground of it being barred by limitation ..... is bad and that applicants (respondents) are the bhumiswami of the suit land. it is against this order, the non-applicants, i. e., wakf board has filed this revision under section 83(9) proviso of the wakf act, 1995.4. none for the petitioner. shri s.m. jain, learned counsel for respondent nos. 1 to 3. record perused and submissions of learned ..... respect of the suit property declaring the same to be the wakf property was published on 13-9-1985. in view of this, the cause of action to file suit under section 6 of the act arose on 13-9-1985 and hence, the suit could validly be filed by the respondents on or before 13-9-1986, i.e., one year .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP22; 2007(4)MPHT545; 2008(1)MPLJ152; 2008(1)AIRKarR353(FB)(MP).
..... constitution bench of the apex court in jamshed n. guzdar v. state of maharashtra and ors. etc. : air2005sc862 , upheld the validity of 1981 adhiniyam.3. after the constitutional validity of the 1981 adhiniyam was sustained the letters patent appeals pending in the high court, being not maintainable, were dismissed. at that ..... obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court ..... juncture the state legislature enacted the madhya pradesh uchcha nyayalaya (khand nyayapeeth ko appeal) adhiniyam, 2005 (act no. 14 of 2006). the said act was brought into .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT374
..... pondicherry and ors. : (1996)3scc741 , the apex court was dealing with the constitutional validity of pondicherry municipal decree (levy and validation of taxes, duties, cesses and fees) ordinance, 1973, which was replaced with the validation act. a contention was raised that there is excessive delegation of the legislative power inasmuch as there ..... was total abdication and effacement of pondicherry legislature of its essential legislative functions and further no guidelines or policy was discernible. their lordships referred to the decisions rendered in hamdard dawakhana (wakf) lal ..... still not be ultra vires, if guidelines could be gathered from the preamble, objects and reasons and other provisions of the acts and rules. in testing the validity of such provision, the courts have to discover, whether there is any legislative policy, purpose of the statute or indication .....
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