Court : Madhya Pradesh
Reported in : 1994(0)MPLJ435
..... ordergulab c. gupta, j.1. the petitioner, a private limited company registered under the companies act, is facing action under section 29 of the state financial corporation act, 1951 (hereinafter referred to as the act) and is invoking jurisdiction of this court under article 226 of the constitution, questioning the constitutional validity of the said provision and ..... them is itself the indication of the fact that they did not attach any importance to the consequences flowing from action under section 29 of the act.8. it is therefore obvious that the petitioners having borrowed substantial amount from the respondent-corporation, have failed to honour their commitment in respect of ..... since the petitioner did not honour re-scheduling programme and continued to make default, they had to unwillingly resort to action under section 29 of the act. it is also submitted that the notice dated 18-6-1993 was served on the petitioner-company informing them clearly and specifically the intention of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ133
..... therein?'2. facts which are essential for determination of the question are thus : the respondent/plaintiff is a religious and charitable trust registered under m.p. public trusts act, 1951 (for short 'the mppt act') which owns a dharamshala, many houses and other properties. the houses are let out to the various tenants of the trust. the rental income derived from the houses ..... (no. 29 of 1954), or(ii) the public trust registered under the madhya pradesh public trusts act, 1951 (no. xxx of 1951), for an educational, religious or charitable purpose,from all the provisions of the madhya pradesh accommodation control act, 1961 (no. xli of 1961).(published in m.p. rajpatra (asadharan) dated 7-9-1989 page 2144).'7. from a bare reading of sub .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : IV(2005)BC64
..... in maharashtra tubes ltd. v. sh corporation of maharashtra ltd., : [1993]1scr340 . while construing the stale financial corporation act, 1951 and the sica of 1985, the later had been allowed to prevail on state financial corporation act, 1951. in solidaire india ltd. v. fairgrowth financial services ltd., i (2001) bc 656 (sc) : (2001) 3 ..... facilitation council (to be called as council-r1) is a statutory authority formed under the interest on delayed payments to small scale and ancillary industrial undertakings act, 1993 (act of 1993 for short).(b) board for industrial and financial reconstruction (to be called bifr) had declared the appellant as a sick unit under the ..... scc 71 while dealing with sica and special courts (trial of offences relating to transactions in securities) act, 1992, the apex court gave overriding effect to the later act. on page 73 the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP1
..... was not prohibited. this position was in no. way affected by the extension of the code of civil procedure, 1908, to madhya bharat on 1st april, 1951, by act no. 2 of 1951. section 137 of the code of civil procedure, 1908, is not different from section 137 of the adapted c de of civil procedure which was in force in ..... important questions of law and likely to go up in appeal to the supreme court.thereafter the code of civil procedure, 1908, was amended by the parliament by act no. 2 of 1951. this amending act extended the code of civil procedure 1908 to all part-b states including the state of madhya bharat. the amending ..... act came into force on 1st april, 1951. and thereafter the code of civil procedure, 1908, became operative in madhya bharat and the madhya bharat 'indian civil procedure code adaptation act, 1949. (act no. 70 of 1949) stood repealed. the material provision is section 137 of the code .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP1; 1963MPLJ867
..... authorising expenditure in excess of the statutory limit--corrupt practices under section 123, sub-sections (ia), (3), (3a), 4, 5 and 6 of the representation of the people act, 1951, (hereinafter called the act). the petition was resisted by the returned candidate, bhagirath.3. the learned district judge, sagar, who was constituted the election tribunal, found that the returned candidate was guilty of ..... shiv dayal, j.1. this is an appeal under section 116a of the representation of the people act, 1951.2. in the general elections of 1962, bhagirati: bilgaiya was returned to the m. p. legislative assembly from bina constituency. rishabh kumar, who was a rival candidate filed an election .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP159
..... necessary. it is against this order that the present petition is filed.3. learned counsel for the petitioner contended that under section 26 of the madhya pradesh public trusts act, it was open to the registrar, public trusts, after enquiry either to file an application himself before a competent court or to direct the concerned person to file ..... under clause (2) and in absence of any application as contemplated under section 26 the district court cannot exercise jurisdiction under section 26 of the madhya pradesh public trusts act.7. the learned counsel for the non-applicant no. 2 relied on a decision noted in short notes in 1961 jab lj (notes) 227. this decision does ..... which is subject to speedy and natural decay and which is in the custody of the court pending the determination of the suit;(g) to perform any ministerial act. in the impugned order, the learned judge has not appointed shri sirpurkar advocate only as a commissioner to examine a witness or to make any local investigation but .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP145
..... g.p. bhutt, j.1. this is an appeal under section 116a of the representation of the people act, 1951 (hereinafter referred to as the act), by an unsuccessful candidate who filed an election petition challenging the election of respondent no. 1 to the state legislative assembly from the sitamau assembly constituency in the ..... tribunal dismissed the election petition. the first relates to the non-joinder of ram ratan as a respondent. he would be a necessary party under section 82 of the act, if he is deemed to be a contesting candidate. the contention of the learned counsel for the appellant is that the term 'contesting candidates' includes only those candidates ..... 117 was not properly complied with. both these contentions were upheld by the tribunal and accordingly the petition was dismissed under sub-section (3) of section 90 of the act.6. besides the power of dismissal of the election petition provided in section 90(3), the tribunal has been given power to dismiss it at the conclusion of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP106; 1957CriLJ855
..... specimen handwriting and signature in court for comparison.this application was purported to be one under section 73 of the evidence act and section 5 of the madhya bharat identification of prisoners act, samvat 2008 (act no. 15 of 1951). the accused objected to this saying that under article 20(3) of the constitution and under the decision of the ..... by the accused apparently without any objection.6. for all these reasons, we are of the opinion that section 5 of the madhya bharat identification of prisoners act, in so far as it confers powers on a magistrate to direct an accused person to give his thumb impression, specimen writing and signature for comparison to ..... constitution. it cannot be denied that the applicant is an accused person and that the giving of the thumb impression, specimen writing and signature are the positive acts of the accused and that when he is directed to give his thumb impression, specimen writing and signature he is being compelled to do something which is likely .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP167
..... and 15 are struck off. and the aforesaid issues are decided accordingly.23. this is an election petition under section 81 of the representation of the people act. 1951 (hereinafter called the act), by shri bharatendra sinah. a voter of rajnandeaon parliamentary (lok sabha) constituency, against respondent no. 1, shri ram sahai pandey. who was got elected ..... duly elected, virtually it becomes an election petition as he has to deposit the security referred to in sections 117 and 118 respectively of the representation of people act 1951, section 100 deals with the grounds for declaring the election to be void. clause (d) (iv) of this section deals with any non-compliance with ..... no. 6 is competent to raise all these pleas vide order 8, rule 2. and there is nothing in section 100 of the representation of the people act, 1951, to disentitle the respondent from raisins any plea which is available to the petitioner. shri thakur for the petitioner has also supported him. but shri dharmadhikari. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP183
..... the course of studies for the year 1958-59 and onwards for the middle school classes and substituted a new syllabus in contravention of the madhya pradesh secondary education act, 1951 (hereinafter called the act) and the regulations made thereunder (hereinafter called the regulations).it is further complained that they have for that syllabus, without any authority of law, prescribed text books printed ..... authority for revising the syllabus and prescribing the text books for the mahakoshal region of the state of madhya pradesh.this is because of the madhya pradesh secondary education act, 1951 (no. xii of 1951), section 8 of which provides that the board of secondary education constituted under section 4 thereof shall have the power to prescribe courses of instruction for recognised institutions .....
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