Court : Madhya Pradesh
Reported in : AIR1971MP225
..... 1967) it was said as follows:--'g.s.r. 1508--in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (10 of 1955), the central government hereby makes the following amendment to the order of the government of india in the ministry of food, agriculture, community development and co-operation (department of food), ..... as may be specified in the order (j) for any incidental and supplementary matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the ..... his rice mill every day. later on, by gsr. no. 1677, dated november 6, 1967, the government of india made the madhya pradesh rice procurement (levy) second amendment order, 1967, whereby the expression '100 per cent' (supra) was substituted to '60 per cent.'3. the petitioner firm which is a rice miller (which purchase paddy .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... a preliminary statement before the commencement of the search could not be recorded under the provisions of section 132(4). to overcome these difficulties, the amendment act, 1987, has amended the said sub-section (1a) to extend similar powers to the director-general or director. as per the new definition of 'director-general or ..... note or an inventory of any such money, bullion, jewellery or other valuable article or thing : provided that where any building, place, vessel, vehicle or aircraft referred to in clause (i) is within the area of jurisdiction of any chief commissioner or commissioner, but such chief commissioner or commissioner has no jurisdiction over ..... may be, may authorise any assistant director, assistant commissioner or income-tax officer, (i) for making entry and search any building, place, vessel, vehicle or aircraft, where he has reason to suspect that such books of account, other documents, money, bullion, jewellery or other valuable article or thing are kept; (ii) for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)159CTR(MP)53
..... such a preliminary statement before the commencement of the search could not be recorded under the provisions of section 132(4). to overcome these difficulties, the amendment act, 1987 has amended the said sub-section (1a) to extend similar power to the director general or director. as per the new definition of 'director general or director' ..... note or an inventory of any such money, bullion, jewellery or other valuable article or thing :provided that where any building, place, vessel, vehicle or aircraft referred to in clause w is within the area of jurisdiction of any chief commissioner or commissioner, but such chief commissioner or commissioner has no jurisdiction over the ..... contained in section 120, authorise the said officer to take action under any of the clauses aforesaid in respect of such building, place, vessel, vehicle or aircraft.(2) the authorised officer may requisition the services of any police officer or of any officer of the central government or of both, to assist him for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)162CTR(MP)377
..... a note.............................................'6. a plain reading of the aforesaid provision would show that while the authorised officer has power to enter and search any building, place, vessel or aircraft, he can seize only the books of account, other documents, money, bullion, jewellery or other valuable article or thing kept therein. he has no power to seize ..... this court under article 226/227 of the constitution, ought to have exhausted alternative remedy as provided under sub-section (11) of section 132 of the act.4. having heard learned counsel for the parties and considered the provisions of section 132, i am clearly of the view that the entire action taken by ..... b and since it was not practical or feasible to take possession of those properties, he passed prohibitory order annexure-b under section 132(1) of the act directing the petitioner not to part with or dispose of the said properties without his permission. respondent no. 2 to whom jurisdiction under section 132 was later .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP72; 1985MPLJ675
..... in the civil court on one or more of these grounds permitting eviction. the purpose of enacting the m.p. accommodation control (amendment) act, 1983 (hereinafter-called the '1983 amendment act') is primarily to provide for the expeditious trial of eviction cases on ground of bona fide requirement of the landlord and for matters ..... procedure laid down in chapter iii-a have been confined only to landlords specified in section 23-j inserted therein, making consequential amendments in the principal act. section 9 of the 1985 amendment act . provides for transfer of pending applications to the civil court where the application was by the landlords other than those defined ..... the legislature to provide for pending proceedings by making an express provision ?o that effect. that has been done by the provisions made in the two amending acts to govern pending suits and proceedings. no invalidity attaching to these provisions has been made out. the challenge to the validity of these provisions also is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP267; 1998(1)MPLJ461
..... totally barred. the full bench decision of this court in, paraschand case (supra) while interpreting sub-section (1) of section 12 of the m.p. accommodation control act (amending act), 1983, only provided that in case, a suit is pending before the civil court wherein the ground of bona fide necessity has been pleaded and if the landlord wants ..... prohibition for invoking that provision. in fact, the full beneh in the case of parasehand (air 1987 madh pra 50) (supra) while interpreting section 12 of the amending act, clearly observed that if any one wants lo avail (he expeditious remedy of eviction of the tenant and if civil suit is pending on various grounds along with the ..... of bona fide requirement with leave of the court and proceed against the tenant in accordance with section 23-a in chapter ill-a, which has been inserted by the amending act of 1983.'a reading of both the decisions - one given by division bench in, b. johnson bernard, (air1986 madh pra 72), (supra) and another by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP246; 2002(3)MPHT383; 2002(3)MPLJ326
..... 6 would save the pending cases. thus from the plain and combined reading of this substituted 'proviso' and the provisions of repeal and savings of the amending act of 1999, it has only saved the finally disposed of revisions and not the pending revisions, therefore, it is clear that revisional power can only be exercised ..... of ramchandra jagannath (supra), after considering the supervisory or revisional power conclusively held that in the absence of any express provision to the contrary in the amending act supervisory or revisional power under section 115 of the code of civil procedure has to be exercised in accordance with the provisions of law in force at ..... which proceedings can be treated as finally disposed of. on the contrary the submission of shri chaphekar and shri pavecha was that as per section 32 of the amendment act, 1999 under sub-clause (i) the pending revision proceedings have not been saved but admitted appeals and admitted letters patent appeals have been saved under sub- .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(4)MPHT64; 2005(1)MPLJ297
..... section 12 (1) (c) of the act that is dis-claimer of title by tenant was added by way of amendment. however, such ground for eviction did not find favour either of the courts below.2. admittedly, the respondent had executed a rent note ..... -3-1973 filed a civil suit for eviction and arrears of rent. initially, ground taken was one under section 12(1) (a) of the madhya pradesh accommodation control act, 1961 ('act' for short) that is for non-payment of arrears of rent despite service of demand notice hut that ground was given up during the trial. a fresh ground under ..... made out once either the relationship of landlord and tenant is admitted or proved tenant is estopped from denying the title of the landlord under section 116 of the evidence act. s. thangappan v. p. padmavathy, (1999) 7 scc 474.9. balveer singh v. kishanlal, 1987 mprcj 139 (db) followed in ibrahim v. abduljabbar, 1993 jlj 654, are clear .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(2)MPHT188
..... which, it can be presumed that there is no bona fide requirement ? (iii) whether the evidence led by the appellant in respect of alternative accommodation is in accord with the amendment made in paragraph 5-a of the plaint stating that the alternative accommodation belonged to chandra kumar exclusively ? (iv) whether the lower appellate court failed to see that in absence ..... the aforesaid shop, plaintiff has let it out. on the contrary, if the plaintiffs grand-son has started his business in the said shop, then this is not a malafide act on his part. even if the part of the explanation of plaintiff in para 5-a of the plaint is not proved, then other part of the contention is proved ..... in courts below (if already not deposited) within a period of 30 days and will continue to pay rent as required under section 13 of the m.p. accommodation control act. in case of default by the appellant, respondent will be entitled to execute the decree forthwith.
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT435
..... the legislature has brought forth an amendment on 16-8-2000 and a part of section 237 has been amended and thereafter vide amendment dated 27-9-2001 by m.p. land revenue code (amendment) act, 2001 a further amendment has been incorporated in sub-section (3). by virtue of the amendment the power has been conferred with the ..... collector to divert the land from the land set apart under section 237 (1) (b) and further the terms 'on the basis of the resolution by the gram sabha to this effect' have been deleted.5. assailing the aforesaid amendment ..... to deal with the submissions raised at the bar. 15. mr. imtiaz husain, learned counsel has submitted that when section 234 (3) has not been amended, the amendment in section 237 (3) can not be implemented. to build up his submission he has placed reliance on the decision rendered in the case of amar singh .....
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