Court : Madhya Pradesh
Reported in : AIR1972MP134; 1972MPLJ818
..... violation of the principles of natural justice, or refuse to exercise a jurisdiction vested in them, or there is an error apparent on the face of the record, and such act, omission, error, or excess has resulted in manifest injustice.'a similar view was expressed by their lordships in sangram singh v. election tribunal, kotah, 1955 (2) scr ..... court, which was dismissed by this court with the observations:-- 'it must be presumed that the prescribed authority is alive of its responsibility in the matter and would act promptly.'thereafter, the appeal was disposed of and was dismissed on merits vide order dated 8-11-1971 (annexure j). the contention of the petitioner is that the ..... four months vide annexure f. aggrieved by this order, the petitioner preferred an appeal before the prescribed authority (non-petitioner no. 1) under section 35 of the act vide annexure g. as there was delay in the disposal of the appeal, and no stay was granted during the pendency of the appeal, the petitioner filed a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP147; 1969CriLJ980; 1969MPLJ86
..... ) of the table below to be public analysts for the purposes of the said act and further defines the local areas as specified in the corresponding entries in col. (3) of the said table, over which they shall exercise jurisdic-tion.- table ..... :--'notification no. 4762/5177/xvii-med.-iv, bhopal dated 11th october, 1966- in exercise of the powers conferred by section 8 of the prevention of food adulteration act, 1954 (no. 37 of 1954), and in supersession of all previous notifications issued in this behalf the state government hereby appoints the persons specified in col. (2 ..... laboratories at gwalior, raipur and jabalpur, as regional laboratories, and notification dated 27-12-60, which was in exercise of powers conferred by section 8 of the act appointing the medical officer and the chemist of the public health laboratory, raipur, as a public analyst. now the question that arises is, whether, vide notification dated .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1986]59CompCas892(MP)
..... advance substantial justice. what has, therefore, to be seen is whether the claimant has acted with reasonable diligerice in approaching the tribunal or has been negligent or indifferent in proceeding with the same. while considering such a case the court's interpretation must ..... the aid of the court, the party must have acted with due care and attention. it is equally well settled that the words ' sufficient cause ' used in the proviso should receive a liberal construction so as to ..... was admittedly barred by limitation and unless sufficient cause was made out as required by the proviso to sub-section (3) of section 110a of the motor vehicles act, the claimant cannot succeed.4. it is well settled that ' sufficient cause ' means some cause beyond the control of the party and that for successfully invoking .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP206
..... arising out of the contract' falling within the jurisdiction of arbitrators. (see heyman v. darwins ltd., 1942 ac 356; a. m. mair & co. v. gordhandas sagarmull, air 1951 sc 9; union of india v. salween timber and construction co., air 1969 sc 488 and umrao singh v. state of m. p., 1976 mplj 91 at p. 99: ..... submission shall be deemed to be a submission to arbitration and the decision of such arbitration shall be final and conclusive and the provisions of the indian arbitration act, 1940 and of the rules thereunder and all statutory modifications thereof shall govern all such arbitration proceedings and shall be deemed to apply to and be incorporated in ..... terms and conditions. by letter dated 18th august, 1971 the contractors, claimed additional payment for both the works on account of escalation in wages under the minimum wages act, 1948 during the currency of the contracts. these claims were based on clause 32 of the general conditions of contracts as modified by the parties. the employers .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP264; 1989MPLJ561
..... no competence to pass the impugned act by reason of entry 52, list i, read with entry 24, list ii. the ..... undertaking under the u.p. sugar undertaking (acquisition) ordinance 1971, which later became an act. it was contended on behalf of the sugar undertakings that since sugar is a declared industry under the industries (development and regulation) act 1951, parliament alone was competent to pass a law on the subject and the state legislature had ..... connection with mineral rights might be utilised by the state government for the general development of the mineral bearing areas. in pursuance of the provisions of the act so amended, notices were issued to the petitioners demanding cess on the land held in connection with mineral rights. aggrieved by that demand, the petitioners .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP221
..... removal of the ward from the actual custody of a guardian of his or her person condition for the exercise of power under section 25 of the guardians and wards act is not satisfied, in an earlier decision of that court reported in noshirwan v. sharoshbanu air 1934 bom 311, a wider import was attached to the term custody ..... the finding as to the marriage of geeta with the applicant he becomes the natural guardian of his wife, the present proceeding having started after the hindu minority and guardianship act, 1956, had come into force. further question then to be considered is whether geeta could he said to have been removed or to have left the custody of her ..... husband's right io claim guardianship of his minor wife in preference to her parents it relied upon the provisions of section 6 of the hindu minority and guardianship act and held that the husband is statutorily the natural guardian of his minor wife and in the absence of any special consideration it was not proper that he should .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP194
..... that the principal had no authority to withhold the admission card and create a situation forcing the petitioner to rive an undertaking. our conclusion, therefore, is that the vice-chancellor acted beyond any authority in law in withdrawing the permission granted to the petitioner after the examination was over. we also hold that the university has no authority to withhold the ..... any subject in the examination, it must be taken that he has fulfilled all the requirements for admission to the examination'. on this reasoning it was further held that the act of permitting the petitioner cm that case) to take his practical examination amounted to exercise of discretion vested in the chairman of the board of condoning the deficiency, if any .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP237; 1963MPLJ16
..... the mortgagor should not have been allowed further time to pay the mortgage-debt, requires rs. 10/-stamp under clause 4, article 17 of schedule ii of the court-fees act. this point came up for consideration before a full bench of the nagpur high court, in singai raghubar prasad v. chhogmal, air 1931 nag 1 (fb), and the view taken ..... is also admitted that the amount due on the mortgage has been already deposited in the court. the only question is whether in the circumstances, the court is justified in acting in flagrant violation of the provisions of order 34, rule 8, c: p. c. 7. in a case reported in 1960 jab lj 375, bherodan v. murlidihar, where the dispute .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP340; 1990MPLJ556
..... be made to section 35(1)(g) of the m.p. municipalities act, 1961 and section 17(1)(a) and (h) of the m, p. municipal corporation act, 1956, and above all section 9 of the representation of the people act, 1951. in all these enactments, the disqualification attaching to a person, otherwise eligible ..... as may be necessary to enable them to function as units of self government, the state of madhya pradesh first enacted the madhya pradesh panchayats act, 1962. this act was subsequently replaced by the madhya pradesh panchayat repeal ordinance, 1981 (no. 6 of 1981) and the madhya pradesh panchayat (amendment) ordinance, 1981 ..... , to contest an election on account of his dismissal from government service ceases after certain time as specified in relevant provisions mentioned above.6. for the aforesaid reasons, we are ofopinion that clause (e) of sub-section(1) of section 30 of the m. p. panchayat act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004CriLJ2793; 2004(2)MPHT519; 2004(2)MPLJ548
..... the magistrate on 20-3-2003. on that date itself, the police forwarded the documents to the district magistrate for taking action against the petitioner under the national security act and the impugned detention order was passed on 20-3-2003 but he was physically detained under the order on 21-3-2003. as both the proceedings were almost ..... authority having applied the mind to the materials on record has reached the subjective satisfaction before passing the detention order so as to prevent the petitioner from indulging and acting in any manner prejudicial to the maintenance of public peace and order.6. it is further said that in spite of making aware of the right to make a ..... petitioner that once the detenu was on police remand in police custody, it was necessary to record cogent reasons before passing detention order under section 3(2) of the act.4. this is also a contention of the petitioner that the offence in question at the most would have resulted in a law and order problem and not in .....
Tag this Judgment!