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The Municipal Council, Mandsaur, Mandsaur Municipality, Mandsaur Vs. t ...

Court : Madhya Pradesh

Reported in : AIR1973MP99

..... and be under the control of the council and with all other property which has already vested, or may hereafter vest in the council, shall be held and applied by it as trustees for the purposes of this act, that is to say--(a) all public town-walls, gates, markets, slaughter-houses, manure and night-soil depots and public buildings of every description which have been 'constructed or maintained' out of the municipal fund;(b) ..... , which may become vested in the municipality, be under their direction, management and control, and shall be held and applied by them as trustees, subject to the provisions and for the purposes of this act, that is to say- '(a) all public towns-walls, gates, markets, slaughter-houses, manure and night-soil depots, and public buildings of every description. ..... the only question, therefore, before us fop decision is whether under the executive order of certain officer, acting under the revenue book circular which admittedly has no statutory sanction, a municipality can be divested of its rights which ..... only the powers to manage were transferred to the municipalities under the circular issued by the gwalior government, and the provisions of the madhya bharat act and the madhya pradesh act only vest in the municipal council authority to manage these lands as trustees. ..... he contended that after the coming into force of the madhya bharat act, section 48 of that act provided for the vesting of the property in the municipal committee, and on the coming into force .....

Mangaliya and ors. Vs. Mst. Pancho and ors.

Court : Madhya Pradesh

Reported in : AIR1993MP175

..... nehru singh 1969 rn 48, in another form, the same contention was agitated, indeed relating to an appeal under section 44(2) of the code, but in that case, under the bhopal land revenue act, the aggrieved party had been expressly given the right of second appeal and that right was maintained under the new code at the new forum. ..... additionally, 'transitory provision' was made contemplating, inter alia, that any second appeal 'pending before any revenue officer or the board of revenue mentioned in the said sub-section on the date of commencement of this act shall stand abated and orders passed in first appeals against which such second appeals were pending shall be final'. 8. ..... moti 1961 rn 76, took the view that the mortgage of tenancy right remained unaffected by section 72(9), madhya bharat tenancy act and in respect of any mortgage legally executed under quanoon mal, section 275, relief contemplated thereunder (of redemption) continued to subsist ..... is contemplated and as such, the tahsildar is required to deal with a 'matter' under section 275 for which there exists no provision in the code; he exercises power under quanoon mal in dealing with it but in passing final order he acts under the code in the proceeding, though initiated before him under section 275, quanoon mal. ..... it is to be noted that section 35 really deals mainly with 'every original order passed under this act' and indeed, created also a new right of appeal in respect of an order passed under section 319, quanoon mal .....

Smt. Sheeba Malik Vs. Union of India

Court : Madhya Pradesh

..... respondents, are that petitioner's husband mukhtar malik has been detained by virtue of the order dated 15.9.2012 passed by the district magistrate, bhopal in exercise of the powers conferred by sub-section (2) of section 3 of the national security act (hereinafter referred to as 'the act'). ..... this order was confirmed by the respondent no.2/state government as per the provisions of section 12(1) of the act. .....

Devendrapalsingh Bhujpalsingh Jadon Vs. State of Madhya Pradesh and or ...

Court : Madhya Pradesh

Reported in : 1992(0)MPLJ638

..... of trustees of the port of bombay, air 1989 sc 1642 their lordships have observed that the state, the local bodies and public authorities which are 'state' within the meaning of article 12 in their dealings must act in public interest and an infraction of that duty is amenable to judicial review. ..... housing board is 'state' within the meaning of article 12 of the constitution and is duty bound to act in accordance with the rules and regulations framed or adopted by it. ..... the contention of the respondent that the subsequent act of the petitioner in applying for a house under hudco scheme of the board and his depositing some money under the above stated circumstances would operate as estoppel against him; the petitioner would be deemed to have... ..... the duty is implicit on the state to act impartially, honestly, reasonably and fairly while dealing with citizens. .....

Ballav Singh Yadav Vs. Kalyan Singh and ors.

Court : Madhya Pradesh

Reported in : 2009(1)MPHT78

..... therefore, we are of the view that since no reservation has been provided for the constitution of smaller body under section 48 of the act of 1960, therefore, it cannot be held that there is reservation is more than 90% in the matter of election of representatives and delegates as required ..... heard the learned counsel for the parties, we have perused the provisions of the bye-laws of the bank, act and rules regarding the constitution of the smaller body as well as regarding the reservation of the seats in the ..... it is clear that under these provisions the reservation has been provided under the act in the committee not in the constitution of general body, which is the smaller ..... sub-section (1), the management of every society shall vest in a committee constituted in accordance with this act or rules made thereunder or bye-laws of the society and it shall exercise such powers and perform such duties as may be conferred or imposed respectively by the act or rules made thereunder or bye-laws of the society. ..... the relevant provisions of bye-laws of the bank, sections 48, 48-b of the act of i960 are reproduced below:24-1- csad ds lk/kkj.k fudk; esa vuqlwfpr tkfr;ksa vksj vuqlwfpr tutkfr;ksa ds lnl;ksa ds fy, lfkkuksa dk vkj{k.k bl izdkj ls fd;k tk;sxk a fd izr;sd oxz ds fy, vkjf{kr e-iz- lgdkjh lfefr;ka vf/kfu;e dh /kkjk 483 ..... cooperative societies act, 1960 (hereinafter shall be referred to as 'act of 1960') there is no provision for providing any reservation for the constitution of smaller .....

Buddiprakash Sharma Vs. Nagar Palika

Court : Madhya Pradesh

Reported in : 1991(0)MPLJ933

..... or any person actingthe direction of any under the directionsuch committee, of any such council,member, officer or councillor, officerservant for anything or servant for anythingpurporting to be done done or purporting to beunder this act, until done under this act,the expiration of until the expirationtwo months next after of two months next afternotice in writing a notice, in writing,stating the cause of stating the cause ofaction, the name and action, the nameplace of abode of ..... by the trial court on maintainability and limitation, those findings are set aside and the case is being remitted for deciding the suit afresh in accordance with law, in view of section 13 of the court-fees act, 1870, the appellant/plaintiff is entitled to a certificate, authorising him to receive back from the collector of the district concerned the full amount of fee paid on the memorandum of appeal. ..... , the last payment made by cheque was an acknowledgment of a debt under section 19 of the limitation act, 1963, and, as such, the suit instituted being within three years from 26-12-1977 was within time.11 ..... director of enforcement, air 1962 sc 1764, while considering a case under foreign exchange regulations act, 1947, considered the meaning of 'debt' and observed in para 39 as under : -'a contingent debt is strictly speaking not a debt at ..... 5(b) was framed, shri sharma claimed the benefit of section 19 of the limitation act, 1963, as the suit was instituted on 19-12-1980, on receipt of the cheque dated .....

Nand Kumar Jham Vs. Food Corpn. of India and ors.

Court : Madhya Pradesh

Reported in : (1993)ILLJ1132MP; 1993(0)MPLJ56

..... wherein it has been held that'it is well-settled that unless either in the certified standing order or in the service regulations an act or omission is prescribed as misconduct, it is not open to the employer to fish out some conduct as misconduct and punish the workman even though the alleged misconduct would not be comprehended in any of the enumerated misconduct.' 12. ..... in fact article 43a of the constitution of india, incorporated by 42nd amendment act, 1976, speaks of need to ensure participation of workers in the management and suggests spirit of reciprocity. .....

Chimanlal Rawal Vs. Aslam and ors.

Court : Madhya Pradesh

Reported in : 2003ACJ2024; 2002(3)MPHT488; 2002(4)MPLJ132

..... the petition for claim was filed after the period of a day after the expiry of 12 months from the date of accident and was therefore, barred by time, in view of section 166(3) of the act which prior to the amendment provided that the application for compensation shall be made within six months of the occurrence of the accident and that the claims tribunal may entertain the application after expiry ..... if he had not filed any petition for claim till 14-11-1994, in respect of the accident which took place on 4-12-1990, in view of the amending act he became entitled to file such claim petition, the period of limitation having been deleted, the claim petition which has been filed and is being pursued up to this court cannot be thrown out on the ground ..... need not be impressed that parliament from time to time has introduced amendments in the old act as well as in the new act in order to protect the interest of the victims of the accidents and their heirs if the ..... one such amendment has been introduced in the act by the aforesaid amendment act 54 of 1994, by substituting sub-section (6) of section 158, which provides : 'as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police ..... 54/1994 deleting sub-section (3) of section 166 of the motor vehicles act should be extended to the claimant-appellant and order of dismissal of his application for claim on the ground of limitation deserves to .....

Sayeed Mohd. S/O Nadeer Mohd. Vs. Union of India, Through the Secretar ...

Court : Madhya Pradesh Jabalpur

..... were not relevant for forming the basis of subjective satisfaction for passing the detention order, yet the detention order passed by the detaining authority is not rendered invalid by virtue of section 5(a) of the `act', as the other grounds which have been found valid are clearly separable from them.14. ..... 213 of 6.11.2009 and 529 of 6.11.2009, it appears that because of terror caused by the act of detenu shops of locality were closed and that people were not ready to lodge the report ..... the other grounds taken into consideration by the detaining authority comprised of the acts of detenu on 6.11.2009, wherein he is said to have terrorized the public near chola mandir and bhanpur by brandishing sword and holding out threats that he had committed murder of the priest of hanuman temple, ..... the aforesaid activities of detenu clearly demonstrate that by his acts panic and terror was created in a large section ..... by the order dated 14.12.2009 (annexure p/3) passed by respondent no.2/state government in exercise of powers confirmed under section 12(1) of the act after receiving the report from the advisory board.3. ..... its return respondent/state submitted that the order of detention was passed by district magistrate/bhopal after being satisfied that the detention of athar under the provisions of the act was essential for maintenance of the public order. ..... the areas of `law and order' and `public order' lies upon the degree and extent of the reach of an act upon the community or specified locality. .....

Pushpa Datt Mishra Vs. Smt. Archana Mishra Alias Premvati Choubey

Court : Madhya Pradesh

Reported in : 1992(0)MPLJ466

..... to the marriage last resided together, or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him, if he were alive. ..... assuming for the sake of argument that the impugned judgment was not a decree appeal able under section 28 of the act, a miscellaneous appeal or a revision would also he before a single judge of this court and, therefore, the preliminary objection has no material effect on the question ..... the question of jurisdiction has to be decided on the basis of the provisions contained in section 19 of the act, which reads as under:-- 'section 19: every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction- (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, ..... evidence is that the husband and wife last resided together within the meaning of section 19(iii) of the act at balod and the court at durg had the jurisdiction to entertain the petition. 8. ..... to take that a petition disposed of for whatever reason, refusing to grant a decree of divorce should constitute a decree within the meaning of section 88 of the act so as to give a right to the aggrieved party to appeal against the same. .....