Court : Madhya Pradesh
Reported in : AIR1999MP112; 2000(1)MPLJ429
..... specified scheduled in respect of said mineral. (2a) the holder of a mining lease whether granted before or after commencement of the mines and minerals (regulation and development) amendment act, 1972 (56 of 1972) shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption ..... by the workman docs not exceed one-third of a tonne per month. (3) the central government may, by notification in the official gazette, amend the second schedule so as to enhance or reduce the rate at which the royalty shall be payable in respect of any mineral with effect from such date as ..... it is not liable to be subjected to royalty.7. learned counsel for the petitioner strenuously urged before us that section 9 read with second schedule of the mmrd act only enables the state to charge royalty and that there are only three categories provided, namely lumps, fines and concentrates. it is submitted that the slime being .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP135
..... governor'. from this correspondence, it is clear that the government had deliberately raised the rates of royalty and plaintiff accepted them knowing the full implication. the draft amendments dated 12-7-1947 (ex. d-13) issued 'by order of the governor' continued the same policy of raising royalty.it can be presumed from this ..... separate entity. all the lands, buildings and other property belonging to the government of india vested in his majesty and the secretary of state for india acted for his majesty.the constitutional position changed in 1935 and the provinces were for the first time given an independent status in certain matters and the government ..... section 5 of the mines and minerals (regulation and development) act, 1948.it was also contended that the agreement was executed on a representation from the state government that the mining rules were being amended to raise the rates of royalty. ultimately, the draft amending rules which had been published for this purpose was not brought .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPHT423; 2006(1)MPLJ234
..... decision has been taken or not by the final authority of the agreement, such reference petition shall be entertained within one year from the date of commencement of the amending act of 1990.7. it is a special enactment which provides a special limitation of one year in respect of all the matters which may be filed before the tribunal ..... but before the insertion of section 7-b w.e.f. 24-4-1990, a reference petition shall be entertained within one year of the date of commencement of amending act, 1990 irrespective of the fact whether a decision has or has not been made by the final authority under the agreement.6. by sub-section (2) of section ..... . special limitation has been extended to all the cases which ought to have been filed before the amendment but could not be filed. when the legislation provided special limitation covering a wide field, no narrow interpretation can be made to reject the matters though entertainable under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPLJ112
..... he filed the present suit on 24-1-1978 and in the present suit also initially, he had not taken the plea of adverse possession and subsequently by way of amendment he had taken the plea of adverse possession.10. hon'ble the supreme court in b.r. rajeshwari v. t.c. sarvanabava reported in 2004(2) mplj ..... present suit. in the present suit also he had not taken any pleadings initially with regard to adverse possession. subsequently, by way of amendment he had taken the plea of adverse possession. the aforesaid amendment was allowed by the court.8. learned counsel for the appellant has submitted that because the court has allowed the plea of adverse ..... husband acquired any right on 4-12-1952 under any provisions of the said act ?3. the plaintiff filed a suit for declaration of title and permanent injunction pleading certain facts. subsequently the plaint was amended vide order dated 11-7-1985. by the aforesaid amendment the plaintiff has taken the plea of adverse possession. it was pleaded by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP38; 1962MPLJ53
..... against this decision to the deputy custodian general evacuee property who by his order dated 4-1-1957 held that in view of the administration of evacuee property (amendment) act no. 42 of 1954 the three sons of sharafali could not have been declared as evacuees and their property could not have been declared evacuee property after 7- ..... purpose from 7-5-1954 the entire proceedings are without jurisdiction and deserve to be quashed. 7. 'the provisions of section 8(2-a) are introduced by the amending act no. 1 of 1960 with a view to cure possible defects in the matter of vesting under certain provincial or state laws. because it was felt that the ..... was questionable. it is for this purpose that the words 'purports to have vested have been introduced in the amended provision, contained in section 8(2-a) of the administration of evacuee property act. 8. the evacuee interest (separation) act of 1951 will not have the effect of converting a property which could not be evacuee property into a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992CriLJ259
..... having been caused to him.in this case, the sample had been taken on 7-9-1979, i.e., after coming into force of the amended provision of prevention of food adulteration act. the report of the public analyst is dated 12-10-1979. the challan was filed on 3-11-1979. the accused made appearance on ..... no. 7770/xvii, dated the 31st december, 1959. -- in exercise of the powers conferred by sub-section (1) of section 20 of the prevention of food adulteration act, 1954 (no. 37 of 1954), and in supersession of this department notification no. 2442-1655-xvh, dated the 19th august, 1958, the state government hereby authorises all ..... food inspectors appointed under the said act, to institute or give written consent to prosecution for offences under the said act within the local area respectively assigned to them.it has not been shown that this notification has either been amended or modified. in view of this notification, the food inspector was competent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT85
..... patwari in municipal corporation, gwalior. his services were terminated on 6-8-80. he challenged the order of termination. as a matter of fact civil suit was amended so as to incorporate the relief of challenge to the dismissal from service. initially the order was passed retiring the petitioner from service on completion of 58 years of ..... for interference by this court and not the filing of civil suit without filing departmental appeal under the service rules.9. section 60 of the m.p. municipal corporation act sub-section (5) reads thus :-'no penalty mentioned in sub-section (2) above shall be imposed upon any municipal officer or servant by order of any authority ..... produced by him. thus the evidence of shiv mohan is of no avail to the corporation.12. as per section 60 (5) of m.p. municipal corporation act, 1956 due opportunity has to be afforded for showing cause. such opportunity means that plaintiff should be supplied with the copies of various depositions of the witnesses recorded during .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1991)ACC155; 1991ACJ235; AIR1990MP239
..... filing of the appeal this fact was not known to the appellants. therefore, by way of amendment, at a later stage this ground was introduced; there is catena of decisions on this point by different high courts that the claimant can seek relief from only ..... tribunal were not brought to its notice. later on the case continued before the motor accident claims tribunal and the fact that compensation under the workmen's compensation act, 1923 has been awarded was also not brought to the notice of the tribunal. therefore, the tribunal passed the impugned award. even till the time of ..... unfortunately this fact was not brought to the notice of the commissioner for workmen's compensation that an application for award of compensation under the motor vehicles act was already pending before the tribunal. the parties have not brought to our notice any other details pertaining to the compensation proceedings before the commissioner for workmen .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP187
..... it would, however, be open to the defendants to apply under sub-rule (2) of order 20, rule 11 for grant of instalments. under a local amendment of this sub-rule, instalments can be allowed without the consent of the decree-holder even after the passing of decree.18. in the result, first appeal ..... is necessary to show some degree of system and continuity in his moneylending transactions'. referring to the definition of moneylender in our act, the supreme court in gajanan v. brindaban, air 1970 sc 2007 observed as follows:'there is a long catena of authorities on the statutes regulating and controlling moneylenders in which the expression ' ..... business' signify a certain degree of system and continuity of transactions. every person who has advanced a loan, therefore, is not a moneylender. under the corresponding english act, moneylender includes every person whose business is that of moneylending. adverting to this definition, in kirkwood v. gadd, 1910 ac 422 lord loreburn l. c. remarked .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1976]103ITR813(MP)
..... other high court. (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by ..... the salary so specified and the salary which he was drawing immediately before such commencement. (3) any person, who immediately before the commencement of the constitution (seventh amendment) act, 1956, was holding office as the chief justice of the high court of a state specified in part b of the first schedule and has on such commencement become ..... the chief justice of the high court of a state specified in the said schedule as amended by the said act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of .....
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