Court : Madhya Pradesh
Reported in : AIR1969MP4; 1968MPLJ545
..... execute it; and the presumption can be fortified under the more general provisions of section 114, since it is likely that a man who performs a solemn and rational act in the presence of witnesses is sane and understands what he is about.' in view of the law as laid down in this decision, we must accept that the ..... witnesses. raghuvar dayal himself has endorsed on the will (ex. p-3), 'i have read and understood the above'. this endorsement is proved by the defendant's own witness bal govind (d. w. 4). one of the attesting witnesses, lalchand patni, who was an honorary magistrate, endorsed 'the executant has signed the above after having read arid understood it ..... only to two points against the plaintiffs. those points are--(1) that the plaintiff trust not being registered under the madhya pradesh public trusts act, 1951, the suit was barred under section 32 of that act; and (2) that it has not been proved that the will by raghuvar dayal was executed when the testator was of sound disposing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1976)ILLJ511MP
..... bonus is made payable in return for services rendered, at that moment such bonus becomes wages due to the employee and recoverable under the payment of wages act. the emphasis is not on the terms of the original contract but on the recompense payable during the period of employment on account of any understanding, settlement ..... for them. on this reasoning the contention that the wages prescribed by the award cannot be treated as wages under section 2(vi) of the wages act before it was amended was rejected. their lordships further observed that the amendment in the definition merely clarified what was already included in the unamended definition.10 ..... their lordships then considered whether these amounts of bonus are ' wages ' within the meaning of the (un-amended) definition of section 2(vi) of the wages act. their lordships while considering the different clauses of definition of wages held that bonus is a remuneration, the payment of which is a recompense for the service rendered. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP194
..... 1968 whereby daryao singh and his two minor sons claimed specific performance of the alleged agreement dated 1-10-1964, ex. p-5, entered into by ganesh singh, purporting to act as guardian of his minor son sunder singh, and mst. mathura bai, and decreed civil suit no. 12-a of 1965 brought by barelal and ramratan declaring that they were ..... the time of execution of these documents, both daryao singh and ganesh singh considered that sunder singh and mst. mathura bai were the real owners, and that ganesh singh could act only on their behalf, and not in his own right. the alleged agreement, ex. p-5, executed by genesh singh also amounts to an admission by him that, in fact ..... also uphold the finding of the learned additional district judge that since ganesh singh was not the real owner, and inasmuch as there was no lawful authority in him to act on behalf of sunder singh and mst. mathura bai, the agreement dated 1-10-1964, ex. p-5, executed by ganesh singh on behalf of sunder singh as his .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ699
..... of reorganisation and transfer commenced immediately after 25th june, 1989 and the transfer of petitioner no. 2 incidentally coincided with close approximity with the alleged act of mass casual leave at the behest of the petitioner association and this led to the alleged misunderstanding of victimisation.20. the respondents have denied, supported ..... division and, therefore, his transfer to productivity and suggestion scheme department within a year is not in public interest but without any justification and an act of victimisation simply to put the petitioner no. 2 in an insignificant side line department.19. we have already discussed and found that no case ..... a direction to quash the same.2. the bharat heavy electricals limited, a public sector government of india undertaking, is a company registered under the companies act, 1956, having its registered headquarter at new delhi. it was established in 1956 and at present it is the largest engineering and manufacturing enterprise of its .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ386
..... of executive/administrative directions, it is his prayer for quashing of such administrative directions and administrative directions cannot be allowed to violate fundamental rights. if an authority acts in an arbitrary manner, its action would be bad in law and liable to be quashed.40. for the foregoing reasons, this petition deserves to be allowed ..... i. v. fluids simply because it could manage to hire such machines on loan licence basis from another tenderer, judged by minimal standards of fairness, does this act of the respondents, though farthest exterior line of fairness, let alone stand its test?13. i. v. fluids for transfusion are generally used in emergencies. they ..... with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1992MP318; 1992(0)MPLJ953
..... it has received any benefit there under, upon such terms and conditions as to the' court may seem just.''misrepresentation' as defined in section 18 of the contract act includes: 'any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or anyone claiming under him, by misleading ..... to clause 1 of the code of ethics recognised by nace, which is as follows:'1.a member shall discharge his professional responsibilities with integrity and shall act for each client or employer as a faithful agent or trustee.' 11. firstly the directive issued by the government of india to its public sector undertakings is ..... chief executive of all its public sector undertakings that: :'.......with a view to maintaining the objectivity of tendering process, the principal consultant of a project should not act as a supplier/contractor in respect of the project for which he is the consultant. in order to safeguard integrity of the consultancy and maintain the objectivity .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP214
..... therefore, any observations made in the rajasthan case on the basis of that clause cannot any longer hold good. it is arguable that the 44th constitution amendment act leaves no doubt that judicial review is not totally excluded in regard to the question relating to the president's satisfaction.''rajasthan case' decided by the supreme ..... by the supreme court prior to forty fourth amendment to the constitution when clause (5) introduced to article 356 of the constitution by the thirty eighth amendment act, 1975 was in force, which barred judicial review of proclamation under article 356 of the constitution on any ground. though the seven judges, in rajasthan case, ..... rooted traditions of communal harmony not merely in the state capital but also elsewhere clearly brings out that the outbreak of large scale violence was surely an act of well-planned strategy and deep-rooted conspiracy. the administration was mute witness and objectly failed in its primary duty to protect the life and property .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ40
..... to discharge the accused.4) that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case the total effect of the evidence and the ..... be deemed to have caused her death.explanation :- for the purposes of this sub-section 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961.(2) whoever commit dowry death shall be punished with impriso- nment for a term which shall not be less than seven years but which may extend to imprisonment for ..... mahr in the case of persons to whom the muslim personal law (shariat) applies.'12. the presumption as to dowry death can be drawn under section 113b of the eidence act. that provision reads as under:-'113-b. presumption as to dowry death. - when the question is whether a person has committed the dowry death of a woman and it .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1994MP94; 1994(0)MPLJ180
..... 1-1-1986, the date from which the salaries of the central government employees were revised, instead of 1-4-1986, as determined by the constitution (fifty-fourth amendment) act, 1986. the proposal hasbeen considered carefully by the governmentand the president is pleased to order that alljudges of the high courts and of thesupreme court of india be paid an ..... salary last drawn by the petitioner was at the rate of rs. 3,500/- per month. the petitioner was paid terminal benefits under the high court judges (conditions of service) act, 1954. by memorandum dated 23rd december, 1985 (annexure p/1 to the petition) the petitioner's pension was fixed at rs. 11,200/- per annum and a lump sum ..... . at the time of his retirement the salary of a judge of the high court according to the constitution was rs. 3,500/-. by the constitution (fifty-fourth amendment) act, 1986 the iind schedule to the constitution was amended to raise the salary of a judge of the high court from rs. 3,500/- to rs. 8,000/-. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1999]96CompCas66(MP)
..... be permitted to take each and every sort of objections against sanction of the scheme of amalgamation. the relevant second proviso of section 394{1) of the companies act is reproduced hereinbelow :'394. provisions for facilitating reconstruction and amalgamation of companies.- . . .(2) provided further that no order for the dissolution of any transferor-company ..... their business prejudicial to the interest of the transferor-company. his contention is that the official liquidator has not been able to point out a single act of the directors or any officers concerned with the affairs of the petitioner transferor-company that they had conducted business prejudicial to the interest of the ..... pending. this construction seems to be a reasonable and harmonious construction without doing any violence to the language of the scheme, object or purpose of the act under the provisions of section 394(1)(iv). it has also been held that under the second proviso, the report of the official liquidator is not .....
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