Court : Madhya Pradesh
Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
Dipak Misra, J.1. The term 'Law' is applied and taken recourse to herald the incandescent attributes of civilisation with stupendous felicity and the advancement of society is conditioned by the appropriate legal evolution. Sometimes the law is conceived as 'jus naturale', at times as 'jus civile' and some other times it is equated with 'jus honorarium'. But the term 'jus' is always important. 'Jus' should never succumb to 'Joss'. That is why it has been said that the law is not the study of words alone but a penetration into the study of nature within and nature without which are projected through words that have the moving power of life. For that Simon pure reason William Shakespeare spoke : 'The Law hath not been dead, though it hath slept'. We have embarked upon the subject with the aforesaid prefatory note as our essay and venture is to find out whether by substitution of Section 100A of the code of Civil Procedure, 1908 (in short 'the Code') the Legislature by taking recourse to ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP165; 1986MPLJ261
J.S. Verma, Ag. C. J. 1. The only question for decision by us is whether an appeal under Clause 10 of the Letters Patent is tenable against an interlocutory order passed in an election petition by a single Judge which amounts to a 'judgment' within the meaning of that expression used in Clause 10. This question has to be answered on the assumption that the . right of appeal under Clause 10 of the Letters Patent subsists notwithstanding the enactment of M.P. Uchcha Nyayalaya (Letters Patent Appeals Samapti) Adhiniyam (29 of 1981) abolishing the right of such appeals since this enactment has been held to be constitutionally invalid by a Full Bench of this Court in Balkrishna Dass v. Perfect Pottery Co. Ltd. AIR 1985 Madh Pra 42. In case it is held that such an appeal is tenable, the appeal has to be heard and decided on merits by a Division Bench which will also decide whether the impugned interlocutory order passed in the election petition amounts to a 'judgment' within the meaning of t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1960CriLJ1614
ORDERT.P. Naik, J.1. This petition under Article 228 of the Constitution is founded on the contention T that the Drugs Act, 1940, as amended by the Drugs (Amendment) Act, 1955, was unconstitutional and void, as it unreasonably restricted the fundamental right of the petitioner to manufacture and sell his patent' and proprietary medicine, 'Germs Killer' without disclosing on the carton or label of the drugs Its true formula Or list of ingredients.2. The relevant facts may shortly be stated as follows: The petitioner is the manufacturer of a medicinal preparation which he manufactures, stocks, exhibits, distributes and sells under an invented proprietary name 'Germs Killer' since before the year 1928. The name 'Germs Killer1 of the said medicine has been registered under the Trade Marks Act. The medicine is manufactured and sold by the petitioner for the external treatment of skin diseases.3. It is not disputed that the said medicinal-preparation is a drug within the meaning of Section 3...
Tag this Judgment!Court : Madhya Pradesh
S.C. Sharma, J: 1. Shri Rajendra Shrivastava, learned counsel for the petitioners. 2. The petitioners Commissioner, Municipal Corporation along with three others before this Court have filed this present petition against the order dated 3-4-2014 passed by the learned District Judge Dewas. 3. The contention of the petitioners is that the sole respondent has filed a civil suit claiming damages as the house was demolished by certain persons. An application was preferred on behalf of the defendants stating that in light of section 402 of Municipal Corporation Act, 1956, no civil suit is maintainable as the officers of the Municipal Corporation are enjoying immunity for any act done by them in good faith. The order passed by the trial Court reflects that the plaintiff was directed by the trial Court on 5-4-2010 to implead the State of Madhya Pradesh as one of the respondents and the same has been done. The order further reflects that there is an allegation in the plaint that without any not...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP67; 1997(2)MPLJ216
ORDERR.S. Garg, J.1. By this petition under Arts. 226 and 227 of the Constitution of India, the petitioner challenges the constitutional validity of Section 52 of the Indian Forest (M. P. Amendment) Act, 1983 and also challenges the order of confiscation passed by respondent No. 2 on 7-1-1987.2. At the very inception of the argument, Shri Dabir submitted that he seeks to withdraw the challenge thrown to the constitutional validity of Section 52 of the Indian Forest (M. P. Amendment) Act, 1983.3. The case of the petitioner was that he is the owner of the Truck No. M.P. No. 5928, the said truck was in custody and possession of the driver Gokul Prasad who was required under the transit permit to transport certain forest wood from one place to another. In a raid effected on 4-12-1986 the Forest Ranger found the truck carrying some different fresh sawn forest produce and not the one under the permit or transit pass. The Truck was seized. Forest offence was registered and notice was sent to ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1980MP16; 1980MPLJ37
G.P. Singh, C.J.1. The appellant obtained a money decree against the respondent on 30th September which the respondent filed an objection claiming protection under the Madhya Pradesh Gramin Rin Vimukti Tatha Rin Sthagun Adhiniyam, 1975. This objection was filed on 25th November 1976. The objection was upheld by the executing Court by order dated 8th April 1977 and the execution application was dismissed. The appellant filed an appeal against this order before the Additional District Judge, Bilaspur, who by order dated 21st January 1978, dismissed it on the ground that it was not maintainable under the Code of Civil Procedure as amended by Act 104 of 1976. The appellant then filed this second appeal and relied upon a single Bench decision in Ratanlal v. Hanuman Singh S. A. No. 54 of 1978, D/- 6-4-1978 in support of the maintainability of his appeal against the order dismissing his application for execution. The appeal first came up for hearing before a learned single Judge, who was incl...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP286
ORDER1. This case comes before the Division Bench on a reference by Bhutt, J. The facts of the case sufficiently appear from the order of reference and need not be stated again. The reference involves consideration of two questions. They, are as follows : (i) Whether the State Government should be directed to issue another notification empowering any particular class of Judges to entertain thesepetitions? (ii) Whether, even if this is now done, the petition in question would not be barred by limitation if it is hereafter presented before a duly constituted authority? 2. Under Section 20-A (2) of the Central Provinces and Berar Municipalities Act, 1922, an election petition is to be presented to the District Judge or Additional District Judge or to a Civil Judge especially empowered by the Provincial Government is this behalf. The first question i^ whether the special empowering is to be only of the Civil Judge or also of the District Judge and the Additional District Judge. The second...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1995)DMC77
A. Pasayat, J.1. Judgment passed by learned Subordinate Judge, Puri in O.S. No. 39/83 of 1986/82 is the subject matter of challenge in both the appeals though on different grounds. The suit was filed by Jagadananda Mishra, appellant in F.A. No. 70 of 1993 purportedly under Sections 13 and 14 of Hindu Marriage Act, 1955 (in short, the 'Act'), praying for dissolution of his marriage with Pravati, appellant. In F.A. No. 245 of 1991, by passing a decree of divorce, on the ground that Pravati was of subnormal state of mind which was incurable in nature. His case synoptically is as follows :He married Pravati on 4-2-1982, according to Hindu customary rites. After marriage he discovered that Pravati was suffering continuously from mental disorder of such a kind and to such an extent that it would not be reasonably expected to live as husband and wife with her. She has incomplete development of mind and was suffering from psychopathic disorder of, mind, and, was possessed intelligence of a thr...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1963]47ITR895(MP)
PANDEY J. - This petition under articles 226 and 227 of the Constitutions is directed against an order dated May 27, 1961, by which the Appellate Assistant Commissioner, Indore, rectified under section 35 of the Indian Income-tax Act, 1922 (hereinafter called the Act), an order of his predecessor-in-office dated May 29, 1957. By the impugned order, the losses allowed to be carried forward and set off were restricted to those incurred in the taxable territories. In this manner, the losses for the assessments year 1948-49 carried forward and set off were reduced from Rs. 78,123 to Rs. 1,075 and those for the assessment year 1949-50 were similarly reduced from Rs. 3,762 to Rs. 123.In the assessment years 1948-49 and 1949-50, the petitioner, who was assessed as a non-resident, incurred losses for the most part in the respectively in the life insurance business carried on by it. From December 1, 1949, the petitioner started the business of insurance against fire also. In the proceedings for...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP336
Pandey, J.1. This petition under Articles 226 and 227 of the Constitution is directed against an order dated 27 May, 1961 by which the Appellate Assistant Commissioner, Indore, rectified under Section 35 of the Indian Income-tax Act, 1922 (hereinafter called the Act), an order of his predecessor-in-office dated 29th May, 1957. By the impugned order, the losses allowed to be carried forward and set off were restricted to those incurred in the taxable territories. In this manner, the losses for the assessment year 194849 carried forward and set off were reduced from Rs. 78,123/-to Rs. 1,075/- and those for the assessment year 1949-50 were similarly reduced from Rs. 3,762/- to Rs. 123/-.2. In the assessment years 194849 and 1949-50, the petitioner, who was assessed as -a non-resident, incurred losses, for the most part in the native State of Indore, to the extent of Rs. 78,123/- and Rs. 3,762/- respectively in the life insurance business carried on by it. From 1 December 1949, the petitio...
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