Judgment Search Results Home > Cases Phrase: aircraft amendment act 2007 section 12 amendment of section 11 Court: madhya pradesh Page 3 of about 2,286 results (0.172 seconds)

Prem Kaur Ahuja Vs. Sardar Karam Singh

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ938

..... a tenant has been passed.2. the respondent landlord filed a suit for eviction originally on the grounds of nuisance, arrears of rent and material alteration. by amendment dated 31-7-1979 the landlord added the ground of bond fide requirement on the allegation that his son who is working in madhya pradesh electricity board has been ..... up textile printing mill on common terrace and running it at night, using water from common overhead tank and removing aerials, and antenna of other tenants constitute clear acts of nuisance or annoyance.17. applying the dictum laid down by the above decisions to the fact of this case, the conduct of the tenant in depriving the ..... tenant without the permission of the landlord thereby causing obstruction to the landlord, i hold that the order of ejectment passed under section 12(l)(m) of the act is perfectly correct.8. the learned counsel for the appellant argued that the ground of bona fide requirement was not originally taken by the landlords; that even after .....

Omprakash Gupta (Dr.) Vs. Ram Prakash and ors.

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ869

..... has to be followed on the transfer of the application filed before the rent controlling authority (for short, the 'rca') in view of section 9 of the amendment act, in the light of the language of relevant portion of the section 'such court shall proceed to dispose of the same in accordance with the provisions of chapter ..... 1990 mpjr 381, considered the legislative history of rent legislation in m. p., aforesaid three decisions and the effect of the fiction created by section 9 of the amendment act, and observed that the deeming provision in section 9 has to be construed in the light of the purpose behind; therefore, all those effects and consequences which are ..... of eviction of tenants on the ground of bona fide need, stood transferred for trial to the civil court of competent jurisdiction in view of section 9 of the amendment act, which reads as under:--'9. transfer of pending application to civil court. --an application filed by the landlord, other than that defined in section 23-j, to .....

Vasudev and Another. Vs. Aniruddha GuptA.

Court : Madhya Pradesh Jabalpur

..... in the written statement of the appellants at the initial stage when the same was filed but subsequently, such mistake was rectified by way of amendment in the written statement and after such amendment, the same had gone to relate back from the date of filing the written statement and, in such premises, the impugned decree on the ..... dismissing the counter claim of the appellants decreed the suit of the respondents for eviction on the grounds enumerated under section 12(1)(a) and (c )of the act, on which, the appellants filed the appeal challenging the aforesaid decree. on consideration, by allowing such appeal in part, the decree of the trial court passed under ..... was not paid even after making demand. with these pleadings, the suit for eviction on the ground available under section 12(1)(a) and (c ) of the act is filed.6. in the written statement of the respondents, beside the aforesaid undisputed facts, the relationship of the respondents with sunder lal and chhotelal as stated by them .....

Kailashchandra Tejpal Vs. Vinod Guljarilal and ors.

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ961

..... with shri s. l. jain for the appellant and shri h.s. oberai, learned counsel for the respondent.5. i.a. no. 4191/93, an application seeking amendment in the writte-n-statement, under order 6, rule 17 of the code was also considered at the time of final arguments.6. shri chaphekar vehemently attacked the decree on ..... the following grounds -(a) the trial court erred in law in granting the'decree under section 12(1)(e) of the act. there was no insufficiency of the accommodation. the respondents possessed two rooms on the ground-floor, five rooms on the second floor and four rooms on the third floor ..... the licence, was not pressed by the respondents and was given up. the case was contested only on the ground of tenancy and ground of eviction under the act. on evaluation of evidence, the trial court found that the accommodation was required bona fide for occupation as residence and that there was no resonably suitable residential accommodation .....

Manrakhan. Vs. Jayveer and Others.

Court : Madhya Pradesh Jabalpur

..... filed after twelve years from the date of decree of the trial court as such on taking into consideration the spirit of the provision of article 136 of the limitation act, it can be said safely that appeal being continuation of the suit, the judgment and decree of the subordinate courts merged in the decree of the appeal and pursuant ..... the law commission, the parliament enacted the present art.136 which substantially re-produces the repealed s.48, c. p. c. and re-places art. 182 of the old limitation act. this was done with a view to overcome the difficulty which used to be faced by the litigants and the courts. enactment of art.136 has simplified the controversy and ..... in which it was held as under :-an appellate decree supersedes the original decree on the basis of doctrine of merger and only appellate decree is enforceable; and the new act has not brought about any change in the above crystalized legal position. such result would ensue even on the effect of o.41, r. 35 of the code which .....

Purushottam Das and ors. Vs. Anil Kumar and ors.

Court : Madhya Pradesh

Reported in : 1999(1)MPLJ307

..... issue afresh after affording an opportunity to the defendant no. 3 to lead evidence.17. so far as the question relating to the amendment of issues nos. 1 and 4 is concerned the error was clearly a clerical one. the requisite pleadings seeking to make out ..... of the ground envisaged under section 12(l)(e) of the act had been framed as issue no. 4. the evidence had been led on this issue. however, the trial court after leading of the evidence had amended the issue no. 4 and added the ground envisaged under section ..... appellate court was of the view that it was incumbent on the trial court to provide an opportunity to the parties to lead evidence on the amended issues which was not done. in view of ..... 12(l)(f) also. similarly, it had framed an additional issue no. 8 on the ground which related to the ground under section 12(l)(c) of the act.9. the lower .....

Dattatray Vs. Mangal and anr.

Court : Madhya Pradesh

Reported in : AIR1983MP82

..... in pursuance of which such suit, proceeding, appeal or application is instituted or filed, had been acquired or had accrued before such commencement.' 6. section 97 of the amendment act has been construed in three division bench decisions of this court. these decisions are chuluram v. bhagatram 1980 mplj 37 : (air 1980 mp 16), sheshkumar pradhan v. kesheo ..... in our opinion, was correctly decided.8. we may, however, state that had the application under order 21, rule 9v been decided before the commencement of the. amendment act, the position would have been different because then the right of suit under the old rule 103 would have accrued to the party against whom the application had been ..... decided and this right of suit would not have been affected by the amendment act. reference in this connection may be made to the case of sheshkumar pradhan (air 1980 mp 166) (supra) in which it was held that a suit .....

Abhay Kumar Kothari Vs. Arun Kumar Jain

Court : Madhya Pradesh

Reported in : 2001(1)MPHT249

..... not have been allowed as it runs contrary to the provisions enshrined under sections 12 and 16 of the specific relief act (hereinafter referred to as 'the act'). it is his submission that if the amendment is allowed the terms and conditions of the agreement, if any, would change, and such a change in the terms and conditions ..... different spectrum and this kind of adjustment cannot be inferred from the language employed under section 21 of the act. as the basic character of the agreement is sought to be changed by way of the amendment of the plaint i am of the considered opinion that the same should not have been allowed by the learned ..... learned counsel for the petitioner has placed reliance on the language employed under section 21 of the act.8. to appreciate the rival submissions raised at the bar i have carefully gone through the plaint, written statement, amendment application and the objection thereto. i have also perused the impugned order and scrutinised the same with utmost anxiety. .....

Om Prakash S/O Puranchandra Vs. Nandkishore

Court : Madhya Pradesh

Reported in : 1997(2)MPLJ327

..... the right to file the suit for eviction exist and if this can be exercised by the landlord then he cannot be deprived of amending his pleadings. this would obviate delay which is so inherent in these proceedings. the plaint would be deemed to have been filed on ..... disposal of this petition also and be noticed :'i am of the view that merely because delayed prayer has been made for seeking amendment, this would not be a ground to disallow the same. it is not in dispute that petitioners in their own rights can ..... that in view of the decision of this court, reported as vidhya devi v. sat prakash, 1981 mprcj 53, the prayer for amendment can be allowed. it was held as under :-'a division bench of this court in sheoshankar v. a.d.c. nagpur held ..... seek eviction under section 12(1)(f) of the aforesaid act. if they can file a separate suit, then there is no valid justification to deny this relief by way of amendment. as to what prejudice would be caused to the respondents is not apparent .....

Amarnath Ajit Kumar of Bhind Vs. Commissioner of Sales Tax, Madhya Pra ...

Court : Madhya Pradesh

Reported in : AIR1969MP207; 1969MPLJ104; [1969]24STC155(MP)

..... however, to the conditions that the period prescribed therefor, under the relevant provisions of the relevant repealed act shall extend till the expiry of five years from the date of commencement of the madhya pradesh general sales tax (second amendment) act, 1964 (20 of 1964).'this sub-section makes it clear that a registered dealer in respect of a ..... 17th june, 1958. these returns were filed under section 9(3) of the central sales tax act, 1956 read with the madhya bharat sales tax act, samvat 2007. the madhya bharat act was repealed and replaced by the madhya pradesh general sales tax act 1958 which came into force on 1st april, 1950. a notice in form no. xi of ..... the funeral sales tax law applicable in the area with which we are concerned was the madbya bharat sales tax act, samvat 2007. as stated earlier, the madhya bharat act was repealed and replaced by the madhya pradesh general sales tax act, 1958 from 1st april, 1959. it has been assumed by the tribunal that the 'general sales tax .....