Court : Madhya Pradesh
Reported in : 2003(2)MPHT162; 2003(2)MPLJ267
..... k.k. lahoti, j. 1. appellant filed a suit challenging the finding of registrar, public trusts, sagar under section 8 of m.p. public trusts act, 1951 (hereinafter referred to as 'act' for short). the aforesaid suit was dismissed by the trial court on merit. the trial court also considered that the suit was filed without impleading state of m.p ..... notice was not served under section 80, cpc. in this case the suit was filed without impleading state and court had issued notice under section 8 (2) of the act, and when the registrar had not appeared in the case, the trial court and appellate court erred in dismissing the suit of appellant on this ground. though the arguments ..... , cpc, the suit is not maintainable dismissed the appeal. though the learned counsel for appellant has drawn the attention of this court to section 8 (2) of the act and contended that trial court has issued notice to the registrar, public trusts on 26-8-1974, but on 5-4-1975 none appeared to answer the aforesaid notice. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP253
..... repayment as stipulated in the agreement, therefore, the corporation took over the possession of the unit under section 29 of the m.p. financial corporation act, 1951 (hereinafter referred to as the 'act') for recovery of the amount due to it.4. the appellant requested the corporation for settlement. accordingly respondent 1 agreed to settle the accounts on ..... desirable but necessary on the part of corporation while dealing with such matters. the corporation adopted an attitude which was contrary to the sprit and scheme of the act. before accepting the tender of m. k. tiwari an opportunity should have been given to the appellant as to why such an offer be not accepted. according ..... if any. appellant never expressed his willingness to offer the sale price more than the one which was offered by shri tiwari.18. the respondent no. 1 acted broadly in consonance with the guidelines. in the facts and circumstances of this case we are of the opinion that directions 2, 3 and 4 have been substantially .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP10; 1978MPLJ660
..... , is there a bar to hear and decide the suit, as the public trust has not been registered under the m. p. public trust act, 1951 (which will hereinafter be called the 'act')? 9. section 32 of the act reads as under:-- '32. bar to hear or decide suits:-- (1) no suit to enforce a right on behalf of a public trust ..... forms of profit, whether offerings or rents, letting out portions of lands in their own names, closing the temple to the public when necessary for family purposes and erecting samadhies on the land in honour of the dead. having regard to these circumstances, particularly to the fact that the original grant was in favour of an individual, it was ..... of all the trustees. but, since four to six months before the filing of the suit, it is alleged by the plaintiff, the defendant no. 1 pooranchand had begun acting adversely to the interest of the idol inasmuch as he had started using the income of the property belonging to the temple for his personal purposes. the plaintiff, therefore, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP23
..... beyond the period prescribed by section 81 of the act had the effect of converting it into a new petition altogether and, therefore, tne amendment was rightly refused. he further contended that the amendment was discretionary with the ..... petition was a matter of substance; as that clause was completely omitted, there was no substantial compliance of the provisions made in section 83(1)(c) of the act; that due to the omission of the verification clause, there was no valid election petition before the election tribunal and that to allow the appellant to amend the petition ..... bhargava, j. 1. this appeal under section 116a of the representation of the people act, 1951, (hereinafter called the 'act') arises out of an election petition filed by the appellant amichand before the election commission, new delhi, in which he prayed that the electron of the first respondent, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP43
..... s application for a review of the decision dated 14th february 1959 of the board of revenue in an appeal under section 29 of the madhya bharat abolition of jagirs act, 1951 (hereinafter called the act). the board of revenue held that it had no power to review its decision given in an appeal under section 29 of the ..... been held that there is no provision in the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (i of 1951) which authorizes the deputy commissioner to review an order made by him under section 40(3) of that act and, therefore, the nistar officer has also no power to start proceedings to reopen the order made by the ..... charges. 3. in calculating the average yield of forest revenue for 20 years under sub-clause (e) of clause 2 of schedule i of madhya bharat abolition of jagirs act the period of years 1949 to 1951 should be excluded as during that period the state had taken over management of the area under scheduled areas jagirs management .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP94; 1965MPLJ378
naik, j. 1. this is an appeal under section 116a of the: representation of the people act, 1951 (hereinafter referred to as 'the act') against the order of the election tribunal, ratlam, dismissing under sub-section (3) of section 90 of the act the election petition filed by the petitioner basantila] against the election of respondent no. 1, umashanbai' trivedi to the lok sabha from ..... application of the provision containedin section 82(b) of the reprenentlon of the peopleact, 1951, that candidates against whom allegationsof corrupt practice are made in an election petition should be joined as respondents to the petition,it is not necessary that the corrupt practice mustbe an act done by the candidate in his own interests,or done in his capacity as a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP140; 1981MPLJ62
..... the orders cannot be held to be invalid.12. the petition is partly allowed. we declare that section 29d of the industries (development and regulation) act, 1951, inserted by act no. 72 of 1971, is unconstitutional and void. in all other respects the petition fails and is dismissed. there shall be no order as to ..... article 226 of the constitution, the petitioners challenge two orders issued by the central government under section 18fb(1)(b) of the industries (development and regulation) act, 1951 and four orders issued under section 18fb(2) extending the operation of the said orders up to 1st january, 1981. the petitioners also, challenge the constitutional ..... air 1980 sc 1789). the decision in waman rao's case upheld the validity of article 31a introduced by the constitution (1st amendment) act, 1951, and amended by the constitution (fourth amendment) act, 1950, with retrospective effect on the ground that it does not damage any of the basic or essential features of the constitution or its .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1995MP188
..... progress although it is postponed to the post election stage, and procedure as predicated in article 329(b) and the 1951 act. the election tribunal has, under the various provisions of the act, large enough powers to relief to an injured candidate if he makes out a case and such processual emplitude of ..... of natural justice?15. before dealing with these aspects it would be useful to notice the constitutional provisions and also the provisions contained in the municipal act and the rules.16. constitutional provisions are: articles 243k, 243za and 243zg.243k. elections of the panchayats.--(1) the superintendence, direction and control ..... machinery which was visualised by the founding fathers restricted this machinery to the parliament and state legislatures. by constitution seventy-third and seventy-fourth amendment acts of 1992 similar superstructure has been provided to conduct elections to municipalities and panchayats. this machinery visualises the existence of an executive charged with a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP140; 1963MPLJ498
..... of the election petition filed by the respondent no. 1, bhawarlal nahta, as required by section 90(3) of the representation of the people act, 1951. (hereinafter referred to as the act), on the ground that the said respondent had failed to join one himmatsingh as a respondent to his petition.2. the relevant facts are these. ..... respondent had made allegations of corrupt practices against the petitioner himself and having regard to the object of the provisions contained in sections 99 and 140 of the act, namely, to secure purity in election, it was essential that those allegations should be enquired into and findings thereof should be given by the tribunal.5. ..... , air 1961 pat41 that the words 'any other candidate' used in section 82(b) do not include candidates who withdrawtheir candidature under section 37 of the act.both these questions are such on which there can conceivably be two opinions. learned counsel for the petitioner also had to address lengthy and elaborate arguments to show .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT416; 2006(3)MPLJ600
..... singh in the present petition be declared as elected.4. respondent no. 1 girish patwa filed a recrimination claim under section 97 of the representative of people act, 1951 praying that he may be declared as elected in place of a returned candidate. the election tribunal on 8-5-2000 rejected the recrimination of respondent no. ..... the petitioner filed this petition challenging, vires of the rule 10 of the rules.6. the learned counsel for petitioner submitted that under the m.p. municipalities act, 1961, there is no such provision for recrimination and the rule 10 which provides recrimination is ultra vires on the grounds:-(i) that though rule 10 provides for ..... but these rules are framed under m.p. municipalities (election petition) rules, 1962 which does not empower for framing of such rules.(ii) section 21 of the act provides relief that may be claimed by election petitioner which does not provide any such recrimination.(iii) under section 24 (i) (c) the court deciding an election .....
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