Court : Madhya Pradesh
Reported in : AIR1958MP243
..... election petition, both as propounded by the learned counsel for the answering respondent and on our own, we come to the conclusion that there was no allegation of corrupt practice as laid down in the act against shri manbodh singh, but that there was only a description of what had actually taken place and of the confusion that had resulted by the allotment to manbodh singh of 'tree' as his ..... election tribunal purported to act under section 90 (3) of the representation of the people act, 1951 (hereafter called the act). ..... to the various memoranda, extractsfrom which we have quoted above, and it was argued that the intent and purport of citing these facts was to draw attention to the fact that the act and the rules and orders made thereunder had not been obeyed nor strictly followed. ..... an attempt was made to show that neither the rules framed under the act nor the directions of the election commission had been properly given effect to, leading to a confusion in the minds of the voters as to which was the recognized ..... reference was made to the 5th and 10th rules framed under the act, and it was pointed out that the allotment of these symbols had to be in accordance with the directions of the election committee, and that inasmuch as symbols were not allotted as directed by the election ..... dismissed by the election commissioner under section 85'.reference at this stage may also be made to another section of the act which provides in the list of corrupt practices the following : '123 (4). .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP299
..... the parliament in its wisdom has made the law that the central government in consultation with the election commission may make rules for effectuating the purposes of the act,the central government in consultation with the election commission has framed rules in the matter of symbols and their allotment and has also laid down that those rules shall be subject to such restrictions or ..... the whole of the election was materially affected and the entire procedure followed by the election commission and the returning officer was capable of being challenged under section 100(1)(d)(iv) of the act.he, therefore, contends that the election was void and that the rules themselves were defective and also void and ultra vires. ..... as he did before the election tribunal, the rules, which conferred upon the election commissioner power to issue directions and impose restrictions in the matter of allotment of symbols, as ultra vires the representation of the people act, 1951 (hereinafter referred to as the ..... show that the conduct of elections is vested in the election commission, though the law is to be made by parliament.in the making of the rules, section 169 of the act brings the central government and the election commission together. ..... greatest respect for the authority of such an eminent person, we think that it would be wrong for us to import the implications of administrative law as understood in england for the purposes of interpreting the representation of the people act in our own country. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2001]124STC354(MP)
..... , benson pharmaceuticals failed to repay the loan and hence mpfc invoked their powers conferred under section 29 of the state financial corporation act, 1951 and advertised the aforesaid unit for sale on october 9, 1987. ..... in my opinion, the petitioner had nothing to do with the defaulting unit as they were the bona fide auction purchaser of the said defaulting unit in auction proceedings held by mpfc under section 29 of the state financial corporation act, 1951. ..... in other words, petitioner was in no way concerned with any of the acts and activities of defaulting unit. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP70; 1993(0)MPLJ536
..... a decision of calcutta high court in re anunda lal air 1932 cal 346, may be also made with advantage, in which it was held as under at page 349 :'section 8 standing in the text of the act proceeds upon the assumption that otherwise in the act there is a charge which is an ad valorem charge and is not fixed charge; and the only way in which it can be said that there is a charge has to be computed is that the charge is ..... (supra) the question that arose before the apex court was with regard to the nature and meaning of an 'order' or 'decree* passed by a tribunal constituted under displaced persons (debts adjustment) act 1951 and the payment of court fees on memo, of appeal against such order or a decree. ..... result of the above discussion, we are of the opinion that in the matter of appeals and cross-objections relating to award of compensation under the land acquisition act, the amount of court-fees has to be computed according to the difference between the amount awarded and the amount claimed by the appellant as per mandate of section ..... it clearly lays down the rule that the amount of fee payable on a memorandum of appeal against an order relating to compensation under any act for the time being in force for the acquisition of land for public purposes, shall be computed according to the difference between the two sums, that is, the ..... foregoing paragraphs it is distinctly clear that the decision rendered by the tribunals under the displaced persons (debts adjustment) act, 1951 and m.p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP217
..... even after ap-sproval of the site permission to erect a building cannot be granted if the plans and specifications show that the proposed building is not ia accordance with a town planning scheme or the provisions of the act or any rule or bye-law made thereunder or any other enactment; or if the erection of the proposed building would be a nuisance or injurious to the inhabitants of the neighbourhood or to the public. ..... it is, however, interesting to notice that an analogous provision in the calcutta municipal act, 1951, was construed to authorise levy of a tax (the corporation of calcutta v. ..... speaking generally, a site may be disapproved if erection or re-erection of the proposed building would be in contravention of a town planning scheme or any other provision of the act or any other enactment; or if the site is in a portion within the limits of the city in which the position and direction of the streets have not been determined and the proposed building will obstruct or interfere with ..... section 87 (1) (e) and (f) require that all moneys raised by any tax levied for the purposes ot the act and all fees payable and levied under the act or any rules or bye-laws made thereunder be credited to the municipal fund, thus by the command of section 87, the fees collected are paid into the municipal fund and this fact by itself is not sufficient to hold ..... liberty cinema (supra) a fee was levied for keeping open a cinema house under the calcutta municipal act, 1951. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1978MP245; 1978MPLJ633
..... scope of section 5 and section 29(2) of the limitation act, both old as well as new, and pointed out that the new section 5 is ..... of sections 4 and 12 of the limitation act, both old as well as new, to an appeal filed under section 116a of the representation of the people act, 1951, was reiterated by their lordships and they then proceeded to examine whether section 5 of the limitation act would apply to an election petition filed under section 81 of the representation of the people act, 1951, in view of the nature of right and the scheme of the representation of the people act, 1951, in this connection, their lordships examined the ..... on an examination of the scheme of the representation of the people act, 1951, it was held that the act was a self-contained code and the provisions thereof read harmoniously, clearly indicated that the applicability of section 5 of the limitation act, 1963, to an election petition was necessarily excluded/ reliance was placed by their lordships, inter alia, on section 86 'of the representation of the people act, 1951, which contains peremptory command to the high court to dismiss an election petition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP191; 1970MPLJ292
..... we have heard the counsel at some length and reached the conclusion that these petitions must be dismissed, in our opinion, section 52 (2) of the act is a complete answer to the procedural irregularities and relieves us of the duty to consider whether the respondent ] committed any irregularities which affected the validity of the manner in which the scheme was framed or sanctioned. ..... in punjab development and damaged areas act, 1951, sub-sections (3) and (4) of section 5 provided as follows:'(3) the state government shall then notify the scheme, either in original or as modified by it and the scheme so published shall be deemed to be the sanctioned scheme. ..... accorded to that scheme by the state government and announced by a notification dated january 18, 1965, issued under section 52 (1) of the act and further sanction given by an order dated september 14, 1965, passed under section 70 of the act to acquisition of the land needed for the scheme; and(iii) all orders passed and notices issued thereafter in regard to the scheme, acquisition of land therefor and delivery of possession of such land,the petitioners have ..... , clearly is one which directs imposition of octroi and falls within sub-section (7) of section 67 and, having been notified in the gazette, it is conclusive evidence of the tax having been imposed in accordance with the provisions of the act and it cannot be challenged on the ground that all the necessary steps had not een taken,' (underlined (here in ') by us)7. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP25; 2003(4)MPHT124; 2003(3)MPLJ182
..... in that context the majority view of the supreme court is as under :--'having regard to the provisions of the constitution and the representation of the people act, 1951 as well as the salary, allowances and pension of members of parliament act, 1954 it can be said that membership of parliament is an 'office' inasmuch as it is a position carrying certain responsibilities which are of a public character and it has an existence independent of the holder of the office. ..... , 1962 remains in force and six months thereafter (15) any office under an insurer the management of whose controlled business is vested in the central government under the life insurance (emergency provisions) act, 1956 (16) the office of the leader of the opposition in the madhya pradesh legislative assembly (17) chairman and vice-chairman or president and vice-president or managing director or director of a statutory body, or a member of any committee by whatever name ..... council under the state the state government not only had the exclusive jurisdiction to appoint (nominee) the chairman of interim jaa council but also power to remove him since under section 23 (7) of the jaac act the chairman and vice-chairman of the interim jaa council as well as members of the interim executive council, 'shall hold their office during the pleasure of the state government'. ..... jamindari abolition and land reforms act of 1951 holds an office of profit under government within the meaning of article 191 of the constitution of india.24. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ284
..... units of government at the state and the centre, namely, the state assemblies and the parliament section 43 proviso, expressly contemplates that 'funds' are to be provided to them by the state government and they are to act as 'agents' only of the government further, a constituency of a gram panchayat has a much small geographical and democratic coverage compared to the larger unit, and as such whether in the matter of constitution or ..... court unanimously took the view that certiorari could issue from the high court against decision rendered by an election tribunal on the election petition filed under the act as the tribunal was amenable to high court's writ jurisdiction and the high court's writ power was unaffected by article 329(b) against decisions of the tribunal ..... government is empowered to make 'rules for regulation and conducting the election and co-option' of members and office-bearers of the panchayat the other important provision of the act to be noted is section 117, under which 'an election or co-option' can be 'called into question only by a petition presented to the prescribed authority, and not otherwise'.6. ..... of the nation, is neither fundamental nor constitutional right, but is merely statutory right and is subject to limitations prescribed in the relevant statute, namely, the representation of the people act, 1951 ..... case, air 1966 sc 824 in which the question arose of non-compliance of rule 56(2)(g) of the conduct of election rules, 1961, framed under the 1951 act, aforesaid .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP131
..... in that case the validity of rajasthan motor vehicles taxation act, 1951, imposing taxes on motor vehicles used in a public place or kept for use in rajasthan was attacked on the ground that the taxes imposed by the act hindered the freedom of trade, commerce and intercourse, assured by article 301. ..... of trade, commerce or intercourse with or within the state and, therefore, offended article 304(b) of the constitution; that the continuance of the principal act under article 372 was subject to the provisions of article 304; and that under the proviso to article 304 the bill leading to the amending act could not be introduced or moved in the state legislature without the previous sanction of the president and as no such previous sanction was obtained, the ..... in their petitions the applicants have made no attempt whatsoever to show, with reference to the rates of tax specified in the first schedule to the act and the facilities offered by the state by providing roads and maintaining them in good repairs, that the tax is in no way a compensatory tax. ..... this presumption is no doubt rebuttable, and the owner can show in proceedings that he may take under section 12 of the act read with rule 7 of the rules for refund of tax that the vehicle has not been used for a prescribed period. .....
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