Court : Madhya Pradesh
Reported in : (1995)IILLJ1103MP; 1995(0)MPLJ171
..... .4. after hearing counsel, this court is of the opinion, that the petition has no merit for reasons to follow. chapter iii of the act deals with the recognition of representative unions and associations of employers. any registered trade union desirous of its recognition as a representative union in respect of any industry in a local area, has to apply under section 13 of the ..... . dubey, j.1. petitioner is a registered trade union which has been organised as a representative union under section 13 of the m.p. industrial relations act, 1960 (for short the 'act') for the employees in respect of the industry eternit everest ltd., kymore. the respondent no-1 in form e of rule 17 and section 17 of the act applied before the registrar of representative .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)226CTR(MP)372
..... no further clause empowering the high court to condone the delay. their lordships referred to sections 5 and 29(2) of the limitation act and took note of the, decisions rendered in m.v. elisabeth v. harwan investment & trading (p) ltd. : 1993 supp (2) scc 433, m.m. thomas v. state of kerala (2008) 1 scc 666, ..... sharda devi v. state of bihar : (2002) 3 scc 705 and union of india v. popular construction co. : (2001) 8 scc 470 and eventually held ..... provisions including section 5 of the limitation act will apply provided the special or local act provides a period of limitation different from that prescribed under the limitation act. there is an additional requirement viz. that the special / local act does not expressly exclude the application of the limitation act. it has been held in union of india v. popular construction co .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1952CriLJ887
..... passed on the merits and the order passed by the sessions judge rejecting the appeal as time barred should be distinguished as a dismissal under section 4 of the limitation act (act 15 of 1877) and should not be taken to have been passed on merits and thus the previous order was open to review by the sessions judge. on ..... go into the merits. beaumount c.j. rejecting the contention observed:the point has already been dealt with by this court in the case of empror v. jiravau air 1926 bom 555, and the only distinction between that case and the present one is that that case had been heard on the merits and not summarily dismissed. but in ..... i do not think so. the right of appeal under section 417 remains untouched; it affects only the period of six months given by article 157 of the limitation act for filing government appeals, and demands from the executive government extra care and alertness in preferring appeals against acquittal before a summary appeal against the conviction is dismissed. i .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ1305
..... the other benefits to which the ruler of barwani was entitled under the agreement of 30-11-1947 were paid by the applicant & received by the govt. of the union. that in violation of the terms of the agreement the regional transport officer, indore-an employee of the madhya bharat govt. - by a notification published in the state ..... or incidental to the govt. developed upon the united state of madhya bharat & the latter undertook & was bound to discharge the same. that the govt. of the union adopted & continued the agreement of 30-11-1947 & the petitioner was allowed to operate his bus services in terras of the above mentioned agreement; that after the merger ..... toy the said agreement. it was contended that his was an illegal act in excess of the jurisdiction of the regional transport authority.3. the motor vehicles act (iv (4) of 1939) was adopted by the madhya bharat & came into force within the territories of the union on or about 1-10-1949. it is complained that the applications .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP50; 1959CriLJ199
..... 11. although with a view to check the summary and unrestricted jurisdiction of courts in treating contempt, the indian legislature has enacted 'the contempt of courts act (act no. 12 of 1926)', yet what constitutes 'contempt of court' has not been defined. in england the law has its roots in common law. blackstone in his commentaries referred ..... to the appellate jurisdiction of the high court, i have no hesitation in holding that an election tribunal is a court subordinate to high court.9. the act complained of is that non-petitioners nos. 1 and 2 in the pamphlet in question published the following :--'election petition es dksbz rar ugha gs ;g ..... virendar kumar v. state of punjab, (s) air 1956 sc 153, their lordships while considering whether proceedings under section 36 of the representation of the people act were before a court or not, observed :'while the proceedings before the election tribunal approximate in all essential matters to proceedings in civil courts, the proceedings under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP256
..... which, according to him, supported his contention, viz., asmat ullah v. custodian, evacuee property, u. p. lucknow, (s) air 1955 all 435 (fb), burhanpur national textile workers union, burhanpur v. labour appellate tribunal of india, (s) air 1955 nag 148, and joginder singh waryam singh v. director, rural rehabilitation, pepsu, (s) air 1955 pepsu 91. ..... computing the period of limitation for an application for final decree in a mortgage suit as in jowad hussain v. genddan singh, 53 ind app 197: (air 1926 pc 93). but as pointed out by sirlawrence jenkins in delivering the judgment of the privy council in jascurn boid v. prithichand lal, 46 ind app 52 ..... lordships, it is necessary to see what kind of tribunals, the assistant custodian, custodian and deputy custodian general are. section 28 of the administration of evacuee property act (xxxi of 1950) is as follows :'28. save as otherwise expressly provided in this chapter, every order made by the custodian-general, authorised deputy custodian, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP289; [1961(3)FLR357]; (1962)ILLJ353MP
..... bodies of a municipal kind, or concerned with local government, or by corporations, or societies formed for commercial or other purposes, including gas, water, and railway companies, trade unions and friendly, industrial and building societies'.it may here be noted that 'friendly societies' and other societies referred to in the passage above are very much like the co ..... may or shall makebyelaws''.it will thus be seen that the subject-matter of the byelaws has been completely left to the state government to be prescribed by rules.acting on this power, the state government has learned rules which are published in volume iof the co-operative societies manual on page 26 and onwards. rule 11 ..... in the first of these three cases it was held that an accountant was not an officer within the meaning of section 43 of the co-operative societies act and therefore the byelaws did not apply to his case. accordingly, it was held that the plaintiff could not be suspended by virtue of anything in the rules .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP306; 1963MPLJ570
..... sense and eannot deserve the electors' votes. in fact, the writer of the leaflet makes this imputation appear aggravated. firstly, he insinuates that it is an act of personal ingratitude because-'the great founder and leader of madhya pradesh, namely, the late pt. ravishankar shukla brought and pushedup this khubchand baghel into the political ..... general election of 1962. the ground alleged was primarily of corrupt practices by the successful candidate-respondent no. 1, practices coming under section 123(4) of the act, by the publication and circulation by that candidate himself, and with his consent, by his agents and others, of the pamphlet (annexure i) at different ..... have not got to go outside them.for example, in fateial v. mt. siti, air 1926 nag 126, it was held that section 14 of the limitation act had no application to a proceeding under section 77 of the registration act. this is perfectly true because the latter statute contains ail the principles of limitation applicable.similarly .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP67
..... tendency under english law has been to restrict rather than to enlarge the scope and operation of the law of fixtures, and various exceptions have been allowed in favour of trade fixtures and agricultural fixtures: bain v. brand, (1876) 1 ac 762 at p. 772, mears v. callender, (1901) 2 ch. 388, notes to elwes v. maw, (1802) ..... immoveable property' as defined in section 3(26) of the general clauses act, includes land, benefits to arise out of the land and the things attached to the earth, etc., so that standing crops would be immoveable property. but that definition is ..... in the legal incidents thereof; such incidents include, where the property is land, all things attached to the earth. but, by virtue of section 2(d) of that act, transfers in invitum are saved from the application of that section. except section 57and chapter iv, nothing affects a transfer in execution of a decree. 6. no doubt ' .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP56
..... fcr 110: (air 1941 fc 16); indeed, the laws existing at the time when the remissions were granted (agra tenancy act 1926 and the oudh rent act 1886) were not retrospectively amended so as to confer authority under that act for giving any remission in rent, but validation was effectuated independently under section 2 of the u. p. regularise of remission ..... can give to their laws, otherwise valid, retrospective operation and can also impose a tax or a cess retrospectively, for a period before the commencement of the law: see union of india v. madan gopal kabra, 1954 scr 541: air 1954 sc 158; m. p. v. sunderaramier and co. v. state of andhra pradesh, 1958 scr 1422 ..... radhakishan v. municipal committee, khandwa, 1940 nag lj 638 no doubt was felt about the legal efficacy of section 2 as a provision validating the tax on the trade of ginning and pressing cotton which had been declared invalid by the privy council in radha kishan v. municipal committee, khandwa air 1934 pc 62 on the ground .....
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