Court : Madhya Pradesh
Reported in : AIR1958MP417
..... stated in the 'statement of objects and reasons :'in india the specific rules of english law in respect of champertous agreements have not been adopted and the only provision for holding some of them illegal is section 25 of the indian contract act, 1872 (ix of 1872). the civil justice committeewere of the opinion that the law ..... of the transfer of property act (act iv of 1882), but we do propose that all agreements of a champertous nature should be made voidable under the provisions of act ix of 1872. we suggest that whenever an agreement is made by which a financier secures undue advantage to himself by assistance given to the successful ..... the judgment of the board, observed :'it appears to their lordships that the condition of the presidency towns, inhabited by various races of people, and the legislative provision directing all matters of contract and dealing between party and party to be determined in the case of mahomcdans and hindus by their own laws and usages respectively, or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP289
..... the case.4. the state government opposed the petition on the ground that his reversion did not amount to reduction in rank, and, therefore, did not attract the provisions of article 311 of the constitution. they conceded that the petitioner was reverted to his substantive post for his failure to pass the prescribed departmental examinations within the period ..... appointed to officiate as district excise officer.'10. it is the latter portion of this rule that has been applied in the present case. it is obvious that the provision is analogous to a penal one; and in applying such rules, which entail consequences similar to penal ones, one has to take care that none is brought within ..... the reversion of the petitioner from an officiating post had been ordered not on administrative grounds but only as a measure of penalty and as such it will attract the provisions of article 311(2) of the constitution. see m.v. vichoray v. the state of madhya pradesh, ilr (1952) nag 105: (air 1952 nag 288) (a).18. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP179; 1957CriLJ1266
..... declared that the indian legislatures were patterned on the english parliament and barring the restrictions which are placed upon their enumerated powers by the third part or other provisions of the constitution, were sovereign and their powers as plenary as those of the english parliament.the supreme court thus effected a mean between the supremacy of ..... any other disadvantages,40. now, price if it is left to the laws of economics, would result from the operation of demand and supply. in an economic emergency, however, an artificial price is set by the producer, because due to the paucity of the commodity he can charge a fancy price. it is for that ..... of a legislative power which in many circumstances calling for its exertion would be but a futility. but the constant recognition of the necessity and validity of such provisions, and the wide range of administrative authority which has been developed by means of them, cannot be allowed to obscure the limitations of the authority to delegate, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP295
..... edition, at page 302, and where a time limit has been laid down in the agreement of repurchase and where there is no question of mutual obligation the exceptional provision for the seller's benefit must be exercised strictly within the time prescribed'.the following observations occurring in shanmugam pillai v. annalakshmi, air 1950 fc 38 (d), further clarify ..... to payment of money, are not regarded as a penalty and courts of equity will not afford relief against a forfeiture for their breach.'16. the law as it emerges on a consideration of the views as expressed in the cases cited above, is :(i) that normally in the case of contracts to sell immovable property, time is ..... trial court has not allowed the evidence about the value of the property (vide ...... dated 13-3-50) as it considered this matter irrelevant.in view of the specific provision under section 58 of the t. p. act, it is difficult to see how the plaintiffs can escape the conclusion that the transaction was not an out & out sale .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP193
..... determine and is not open to scrutiny by courts of law unless unreasonable or unrelated to public purpose, with a bias in favour of the constitutionality of the provision, however, it does not appear that the prescribed limit is in excess of the requirements of the business or is arbitrary. the classification, therefore, does not ..... inter-state trade, commerce and intercourse thus prohibited and thus monopolised remained absolutely free'.these observations of venkatarama aiyar j., which are made with' reference to the provisions of the act, are equally apposite to the rule in question which has the same purpose in view.12. the rule under consideration does no more than ..... sub-section (1) of section 63 is in wide terms and is controlled only in one respect, namely, that the rules shall carry, into effect the provisions, of chapter iv. section 47 under this chapter prescribes the procedure of the regional transport authority and specifies the matters to which regard shall be had while .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP114
..... in which the forwarding or receiving station is situated; otherwise the railway company will be freed from responsibility.'under this paragraph, authority is virtually given to the general traffic manager, bombay (now the chief traffic manager) to receive notice of claims under section 77 of the indian railways act. on a similar provision, in g. g. in council v. g. s. ..... that the date from which the period of ax months has to be computed under section 77 is the date' on which the goods were delivered to the railway company for carriage. in this view, the notice of claim in respect of naoli consignment must be held to be delayed by two days.the notice could not, ..... authorised by either the manager or the railway administration to receive the notice of claims.13. in the notice to consignors printed on the railway receipt, exhibit d-l, and also on the other railway receipt, exhibit d-5, paragraph 4 is in these terms :''that all claims against the railway company for loss or damage to goods must .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP79
..... kyway v. ma mi lay, ilr 6 rang 682; (air 1929 rang 54) (g) that the nominee was 'not merely a person designated to receive the money and give the railway company a clear quittance by a beneficiary'. their lordships of the madras high court in dealing with this point relied upon the dictum of kekewich, j., in redman's case (f ..... who dies during the lifetime of the subscriber.19. it is necessary to quote section 5 of the provident funds act at this stage. it reads :'1. subject to the provisions of this act, but otherwise notwithstanding anything contained in any law for the time being in force or any disposition, whether testamentary or otherwise, by a subscriber to, or ..... or the other holder of the provident fund. it is also stated in the section that the nomination confers this right on the nominee absolutely.in my opinion, this last provision cannot be read as making the nominee the owner of the fund. it only gives him the right to demand it unconditionally. to explain my meaning i give a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP12; [1957]8STC313(MP)
..... that the petitioner is now estopped from challenging the jurisdiction of the opponent no. 3; (v) that the petitioner had filed a writ petition to circumvent the general provisions of the sales tax act and has not followed the procedure laid down under that act, that he had an alternative and equally effective remedy of appeal and revision ..... that by such a transfer order, the commissioner could not invest the opponent no. 3 with jurisdiction to make the assessment in petitioner's case. 15. under the provisions of the sales tax act, assessment of sales tax is to be made by the assessing authority which means a person authorised by the government to make assessment. 16 ..... cases in which the taxable turnover exceeds rs. 25,000 and for assessing which shri pancholia has no jurisdiction. 22. it is in the light of these provisions that i shall now deal with the petitioner's contention that the assessment made by shri kolhe is without jurisdiction and that the order of the commissioner, sales tax .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1957CriLJ188
..... sees fit, may inspect the document, unless it refers to matters of state, or take other evidence to enable it to determine on its admissibility.then, there are two-provisions; one in the criminal procedure code and another in the civil procedure code. section 94 of the cri. p. c., deals with summons to produce documents, its sub-clause (3) states ..... ep 228 (fb) (a) that the civil p. c. being a later statute o. 11, k. 19(2) had the effect of repealing pro tanto the provisions of section 162, indian evidence act. the pull bench repelled this contention holding that the prohibition with regard to the inspection of a state document arises out of the privilege ..... petitioner brijnath. as the point of law involved is common, this decision will dispose of all the three references.2. petitioner brijnath, an employee in the state electric supply company is being prosecuted under sections 409 and 465, i. p. c., for different items in these three cases. in his defence, he wanted two letters, both dealing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1957)ILLJ76MP
..... and in express language it says that the government is pleased to constitute an industrial tribunal for adjudication of industrial disputes in mysore state in accordance with the provisions of the act,indicates that the constitution' of an industrial tribunal for adjudication of industrial disputes in any state without any reference to any particular dispute would ..... adjudication of industrial disputes does not contain any limitation as to 'the time or number of disputes with reference to which a tribunal can be constituted. that provision gives wide discretion to the government in the constitution of tribunals. the government may nominate a certain person to constitute so to say a standing industrial tribunal ..... is not to be attributed to to the legislature. the whole scope and purpose of the statute under consideration must be regarded.reference was also made to montreal street railway co. v. normundin 1917 p.c. 142 : a.i.r. (v)4 and it was further urged that the object of act xiv of 1947 .....
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