Court : Madhya Pradesh
Reported in : AIR1986MP30; 1985MPLJ495
..... mentioned that all suits for evictions against tenants on any of the grounds mentioned in section 12 of the act were to be filed in civil court. by introducing a new chapter iiia containing sections 23-a to 23-i by the amending act no. 27 of 1983, suits for eviction on the ground of bona fide need by the landlord have been ..... . raman kumar sharnia have been referred to the division bench for opinion on the following question : --'whether an application under section 23-a of the madhya pradesh accommodation control act, 1961, as amended, the court-fee is to be paid ad valorem or the prescribed court-fee of rs. 2/- as payable on application?'2. these revisions arise out of the proceedings .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP165
..... the high court of madhya bharat stated that there was no jurisdiction in any particular district judge till the district judge was designated by legislature or some authority acting under its commands. the amending act merely supplied the lack of jurisdiction by designating the judge and doing so retrospectively. the result of the induction of the explanation was therefore to clear the jurisdiction ..... ) 156,(a), issued the writ. thereafter the madhya bharat legislature enacted a law called the madhya bharat municipalities (second amendment) act, 1056 (act no. 7 of 1956) creating a jurisdiction which the high court had denied to the district judge. in section 10 of the madhya eharat municipalities act, the provision ran as follows : 'any voter aggrieved by an election or selection under this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(1)MPHT396
..... the defendant in civil revision no. 1446/94. during the pendency of the revision the learned counsel for the original plaintiff submitted that he would withdraw the application for amendment. because of this statement the civil revision was dismissed.3. while the matter stood thus, the original plaintiffs asharam gamne expired. his legal representatives, namely, non- applicant ..... the suit for eviction under clauses (e) and (o) of section 12 (1) of the act and during the pendency of suit a new ground of 'bona fide need' came into existence, the transferee-landlord could be allowed to amend plaint and claim relief or eviction on such ground.'(quoted from the placitum)at this juncture, i may ..... , but amounts to no more than adding to the facts already on the record, the amendment would be allowed even after the statutory period of limitation. the question in the present case is whether by seeking benefit of section 39 of new act there is a change in the cause of action. in a.k. gupta and sons .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(4)MPLJ115
..... has been allowed and wife of late bhagwandas has been substituted in this appeal. the appellant has also filed another application under order 6 rule 17, cpc seeking amendment that during the pendency of the second appeal, sole plaintiff has died on 18-1-2006. the need as set upto by the plaintiff and pleaded in ..... :(1) that the appellant shall file an undertaking within 60 days before the trial court that the appellant shall vacate the suit accommodation on or before 31-3-2007, peacefully without creating any hindrance or third party interest in the accommodation.(2) the appellant shall deposit entire arrears of rent (if any) and the cost incurred ..... ' can even otherwise have no application here in view of the express language used in the section.15. as the preamble shows the madhya pradesh accommodation control act, 1961 has been enacted for expeditious trial of eviction cases on the ground of bonafide requirement of landlords and generally to regulate and control eviction of tenants. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]120STC73(MP)
..... from the payment of sales tax, but the same was not considered on the ground that by notification dated october 11, 1990, the state government made an amendment in the earlier notification dated october 16, 1986, by which the stone crushing industrial units were excluded from the benefit of exemption from payment of sales tax.7 ..... 1988, and thereafter made an application on april 29, 1988 before the sales tax officer, jhabua, for grant of permanent registration under the m.p. general sales tax act, which was granted to him on april 29, 1988. the said registration was effective from september 26, 1987. the petitioner commenced commercial production of stone metal from ..... a writ of certiorari and also writ of mandamus for grant of eligibility certificate for exemption from payment of sales tax under the state and central sales tax act for the period of seven years from the date of commencement of commercial production dated april 30, 1988 as prescribed in the notification dated october 16, 1986 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004CriLJ62; 2003(4)MPHT78
..... court at indore bench which is pending for disposal. while suffering incarceration he sent the present application challenging the constitutional validity of section 41 of the ndps (amendment) act, 2001 (act no. 9 of 2001). as the writ petition was instituted on the basis of the application received from the convict from jail we thought it appropriate to ..... might have been inflicted under the law in force at the time of the commission of the offence. it is quite clear that insofar as the central amendment act creates new offences or enhances punishment for a particular type or otfence no person can be convicted by such expost facto law nor can the enhanced punishment prescribed ..... of the constitution. it is propounded by mr. datt that right to life includes right to liberty and by incorporation of the proviso to section 41 of the amendment act the liberty of a person is unlawfully curtailed and curbed. to elaborate: it is the commission of the offence and the date of offence which are the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ319
..... by this construction we do no violence to language but, on the other hand, promote public justice and social gain, without in the least imperilling the protection conferred by the amendment act.'8. in view of the law as aforesaid, it must he held that the plaintiff is entitled to seek eviction on the ground under section 12(l)(e) which was ..... fulfilment when the fresh pleadings are put in, subject of course to the three-year interval between the transfer and the filing of the additional pleading. section 13 of the amendment act speaks of suits including appeals. it thus follows that these fresh pleadings can be put in by the plaintiff either in the suit, if that is pending, or in ..... the defendant on the ground of bona fide need as also the deletion of section 12(l)(e), w.e.f. 15-8-1983 by the m. p. accommodation control (amendment) act, 1983 (xxvii of 1983); for the suits before the civil courts. the ground under section 12(l)(a) was not proved.4. during the pendency of the first appeal, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2002]128STC561(MP)
..... 1991.4. on march 3, 1989 (annexure c) the state in exercise of powers conferred under section 12 of the madhya pradesh general sales tax act, 1958, issued an amendment in exemption notification by adding clause xii(a) in place of existing clause (d) of clause xii. the petitioner claiming themselves to be eligible to ..... too behind the back of petitioner thereby resulting in breach of principle of natural justice. learned counsel urged that the original grant of exemption and subsequent amendment made in favour of petitioner by the state level committee which were based on valid notification were granted perfectly in accordance with the legal requirement and hence ..... committee in their meeting held on december 6, 1989 and march 23, 1990 and while allowing the application made by the petitioner, the state amended the eligibility certificate by issuing an amended certificate dated july 17, 1990 (annexure c/2). annexure d and annexure e to enable the petitioner to seek exemption both under the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998(2)MPLJ302
..... to be based on the grounds envisaged under section 12 (1) (c), (m) and (o) of the act.9. during the pendency of the suit, the plaintiff moved an application seeking amendment in the plaint in the year 1997. under the proposed amendment, the plaintiff intended to set up an additional ground for the eviction of the defendant from the accommodation in ..... be deemed to be extended automatically so as to cover the cases contemplated under section 20 of the act.29. the learned counsel for the defendant/applicant has urged that the amendment allowed in the year 1997, will relate back to the date of the filing of the suit, and if this is permitted to be done, it may have wholly ..... the grounds envisaged under the clauses (a), (c), (d) or (o) of section 12(1) of the act, must exist prior to the filing of the suit, and they could not be allowed to be incorporated in the plaint by way of amendment. this view of the division bench was not approved of by the full bench in its aforementioned decision .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT206
..... it has been urged by the learned counsel for the applicants in the aforesaid connection that the provisions contained in section 13 (1) of the m.p. accommodation control act as amended clearly include within their ambit any proceeding by a tenant against any decree or order for his eviction. in such a case, it is pointed out that the tenant is ..... appeal filed under section 96 of the code of civil procedure. the legislative intent underlying the provisions contained in section 13 (1) of the m.p. accommodation control act as it stood amended w.e.f. 16-8-1983 is very much clear. the aforesaid provision casts a statutory liability on the tenant, who is a respondent in such an appeal ..... to comply with the conditions stipulated in section 13 (1) of the act within one month of the service of the notice of the appeal. the failure to comply .....
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