Court : Madhya Pradesh
Reported in : AIR1999MP86; 1999(2)MPLJ31
..... interests of late yusuf all the mortgagor it, the suit land stood extinguished on coming into force of the m.b. abolition of jagirs act, 1951 (w.e.f. 4-12-52) (for short, 'm.b. act of 1951) as admittedly the land was not in his possession or cultivation but of the mortgagee shankarlal on the said date of resumption.before adverting ..... first time in second appeal.10. reverting back to the question, it would be useful here to read relevant provisions of the m.b. act of 1951. clauses (a) and (b) of section 4( 1) of the act reads as follows :4. consequences of the resumption of jagir lands (1) as from the date of resumption notwithstanding anything contained in any ..... outset that although the definitions of the expression 'land cultivated personally' occurring in v.p; act and in the m.b. act of 1951 are exactly the same, there is however, no provision in the m.b. act like section 6(1)(g) of the v.p. act by virtue of which a mortgage with possession is substituted by a simple mortgage. under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP237; 1965MPLJ238
..... that arises for determination is whether the decision of the collector in an appeal under section 28 of the madhya bharat abolition of jagirs act, 1951, from an order of the tehsildar under section 23 of the said act, is revisable by the board of revenue in the exercise of its revisional powers conferred by section 39 of the madhya bharat revenue administration ..... is duly recognised as such by a competent authority.6. this is in brief the outline of the material provisions of the act.7. the law known as the madhya bharat abolition of jagirs act came into force on 7-12-1951 although it was on the anvil since 29-1-1949. by this law the jagirs in the state were resumed and ..... the collector who in his decision dated 5-3-1956 held that the possession, contemplated under the provisions of the act for claiming the rights of a pucca tenant, is the possession on the date of vesting i.e. on 7-12-1951. he therefore remanded the case for an enquiry as to who was in actual possession of the field on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP316
..... upheld by the board of revenue in revision) that the opposite parties 1 to 3 were entitled under section 38(2) of the madhya bharat zamindari abolition act, samvat 2008 (act of 1951), to be recorded as the pakka tenant on payment of the compensation according to the prescribed formula. it is thus clear that the writ petition was not for ..... he relied on the case of sujan singh v. dwarkaprasad, 1959 mplj738. this case has reference to section 38 of the m.b. zamindari abolition act (13 of 1951). section 38 of the act has been reproduced on page 741 of the case of sujan singh (supra). it is held by the division bench of this court that the duty of ..... was created. findingsgiven by the revenue courts were not binding on the civil courts. further submission of shri sanghi is that under section 38(2) of the zamindari abolition act, the revenue authorities had no jurisdiction to decide title of the parties and, therefore, the decision of the high court in the writ petition would also be deemed to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP344; 1963MPLJ542
..... a mortgagor or a mortgagee, an appeal was pending against its dismissal in the high court, when the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (act no. i of 1951) came into force. consequently, when the second appeal, no. 499 of 1947, was decided by b.p. sinha, c. j. (as he then was) on 30-12 ..... sir in the village papers of 1948-49, was not saved to him as his 'home-farm' under the madhya pradesh abolition of proprietary rights (estates. mahals, alienated lands) act, 1950 (no. i of 1951) but had vested in the state, and that consequently the plaintiff had no right to continue his suit after the coming into force of the aforesaid ..... act. it was further held that as the suit land was in the: possession of the defendants as their occupancy holding, they were on and from the date of vesting .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP356
..... .p. tiwari, district judge, raipur (respondent no. 1) has been constituted the election tribunal under section 80 of the representation of the people act, 1951 (hereinafter to be called 'the act'). a copy of the said petition was sent by the election commission to vaidya charan shukla. he was also served with a notice for appearance ..... with inasmuch as the other contesting candidates had also been made parties which amounted to 'direct violation of the mandatory provisions of section 82 of the act'. the contention was that the election petition could be instituted only against the returned candidate and it was not permissible to join any of the other ..... of section 82.10. it may be mentioned here that this section was substituted for the original section 82 by the representation of the people (second amendment) act (no. xxvii of 1956). the original section required all the 'duly nominated candidates' to be joined as respondents irrespective of whether in the election petition the further .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT242; 2001(2)MPLJ419
..... of it and every stage of it and every step taken in it is a part of election.these decisions have been rendered under the representation of people act, 1951 (hereafter for short 'the act of 1951'). they do not point out the period when election can be called in question by election petition. section 67-a of the ..... act of 1951 provides for the date of election of the candidate as the date on which candidate is declared elected by returning officer. however, the principles laid down can be ..... madhya pradesh panchayats (election petitions, corrupt practices and disqualification for membership) rules, 1995 (hereafter for short the election petition rules). sub-section (2) of section 122 of the act categorically envisages that election petition shall not be admitted unless it is presented within thirty days from the date on which the election in question was notified which means, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP368
..... for decision. this order shall accordingly dispose of both the appeals. 2. these are appeals under section 116a of the representation of the people act, 1951 (herein after called the act), from the orders of the election tribunal, rajnandgaon, dismissing the election petitions filed by the appellants for declaring the election of the respondents to ..... of the appellant was that dhansingb's nomination was improperly rejected, and accordingly the election of the respondents was void under section 100(1)(c) of the act. alternatively, he claimed that the election of respondent no. 1 was void. the tribunal rejected his contention and dismissed his election petition. 4. the appellant in ..... the section legislative assembly to be void under section 100(1)(c) of the act. 3. the present appellant claimed to be an elector on the roll of the bemetara constituency. his status as an elector was denied by the respondents .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990(0)MPLJ55
..... submission that since it is a registered society and is administered under the provisions of the m. p. society registrikaran adhiniyam, 1973, the m. p. public trusts act, 1951 is not applicable to it. it has to be held that the proceedings commenced pursuant to the application made by the registrar of public trusts, khurai under section 26 ..... not in dispute that the applicant i.e. digamber jain hitopadeshini sabha, bina was registered as public trust under the provisions of the m. p. public trusts act, 1951. the non-applicants made a complaint to the registrar of public trusts, khurai that the trust property was not being properly managed by the president and the secretary of ..... it was being administered under the m. p. society registrikaran adhiniyam, 1973, nothing contained in the m. p. public trusts act, 1951 could apply to it in view of section 36 of the said act. it was on the basis of the said ground that it was argued that the proceedings commenced pursuant to the application made by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(4)MPHT524; 2004(4)MPLJ437
..... this petition is not maintainable.5. to decide this question it is necessary to refer some of the provisions of the representation of the people act, 1951 (for short, 'the act'). section 81 of the act provides for presentation of petitions, which reads as under:--'81. presentation of petitions.-- (1) an election petition calling in question any election may ..... ought to have impleaded as a party to the election petition. in that case the candidate after withdrawal of his nomination after acceptance of the same has acted as an election agent of the returning candidate and dismissed the petition for failure to join the withdrawing candidates as a necessary party to the petition and dismissed ..... that election of a winning candidate as void then it is not necessary to join all the candidates as parties. clause (b) of section 82 of the act provides that where allegations are made against any other candidate about corrupt practice then he should also be joined as a party.4. as regards the returning .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT340; 2001(2)MPLJ19
..... cannot be regarded to be one brought for enforcement of 'any right on behalf of the public trust' within the meaning of section 32 of the m.p. public trust act, 1951. what the section enacts is only a bar to the trial of a suit to enforce a right on behalf of a public trust. the present suit is a suit ..... thus:'the suit as framed, was not a suit brought by the plaintiff to enforce a right on behalf of public trust within the meaning of section 32 of the act. the plaintiffs suit is for enforcement of his right as a landlord. therefore, the contention that the suit was barred under section 32 cannot be accepted. revision ismissed.'thus it ..... terminate the tenancy and institute the suit for eviction. the tenant in such a suit is estopped from questioning the title of the landlord under section 116 of the evidence act. the tenant cannot deny that the landlord had title to the premises at the commencement of the tenancy. under the general law, in a suit between landlord and tenant the .....
Tag this Judgment!