Court : Madhya Pradesh
Reported in : AIR1958MP168
..... tribunal as in the cases which were cited by the learned advocate-general. it seems that the parties themselves did not know what the resultant position under the amending act was and felt that the proper course was that they should make their applications: one for striking out and one for supply of particulars.in our opinion, ..... this objection at a subsequent stage of our order.10. the main contentions of the parties centre round the effect of the amendments which have been made in the act by the amending act of 1956. these amendments are of a far-reaching character and have been made in various parts of the chapter dealing with the trial of election petitions ..... and therefore there is difficulty in comparing the old and the new sections side by side. the main changes which were introduced by the amending act concern sections 83, 85 and 90(4) of the act. we shall reproduce the terms of those sections:'83. (1) an election petition shall contain a concise statement of the material facts on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP237
..... very insignificant dimension. it is conceded on all hands that as a result of the decision in kamath's case (a) the court was incompetent after the amendment of the representation of the people act to order suo motu the supply of better or indeed of any particulars.in that decision the division bench has been at pains to show that that ..... on all occasions to come forward with a proper petition and if the petition is incomplete to ask for an amendment, amendment should be allowed only if the necessity of the case requires it, regard being had to the provisions of the act and of the 17th rule of order 6 of the code of civil procedure. short of that, the matter must ..... be allowed under the general law as well as the special provisions of the act.if the election petition omits to set out the particulars and amendment is sought the election tribunal would have to see whether the amendment should be allowed at all; but as each case will differ on its facts, we do not lay down in this case any .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP183
..... costs.3. after the arguments had proceeded for sometime, which, to a certain extent, clarified the respective contentions of the parties, the petitioner prayed for leave to amend the petition. we considered it advisable to adjourn the case for a few days for the purpose, and we have now before us an application for ..... certain issues which arose for determination in the original petition.the petitioned has no doubt in the application for amendment made certain additional averments supported by additional documentary evidence to show that the director of public instruction has been acting as if he had all the powers of the board. on that basis it is contended that the stand ..... amendment filed by the petitioner an well as its reply by the respondents.the amendment raises no new points, except such as were being canvassed before us when we adjourned the case, and as there is no .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP226
..... respondent no. 6, and in view of the provisions of sections 100 and 123 of the representation of the people act this matter could not be gone into in an enquiry against the present returned candidate. by his application for amendment the petitioner sought to change respondent no. 6 to respondent no. 1. it may be pointed out that a ..... view of the long delay and the fact that the written statements on the original allegation were already in, we do not think that the tribunal erred in disallowing the amendment. 5. once this question is decided in this manner and the petition is not corrected, it is manifest enough that the decision of the tribunal in rejecting the ..... was disallowed. we think that the decision of the tribunal on this part of the case is impeccable. 7. iii. the next ground is the disallowance of the application for amendment of paragraph 12(b) (ix) of the petition, where respondent no. 6 was sought to be changed to respondent no. 1. the tribunal rejected this application by its .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP152
..... the small cause court on false averments. the plaintiff instead of taking the hint if his allegations were not true and instead of immediately either asking for the amendment of the plaint and return thereof or applying for withdrawal with liberty to bring a fresh suit, insisted on the suit being tried in the small cause courtand ..... small cause judge acted rightly in dismissing the suit on merits and not returning the plaint for presentation to proper court.12. there is another aspect which persuades me to adopt the present ..... , who does not depend on falsehood. as opined by the learned judge if the court returns the plaint for presentation instead of dismissing the suit it would be acting in excess of the jurisdiction conferred by law. i am in respectful agreement with the view expressed by puranik j. therefore, i am of opinion that the learned .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP202
..... called for as in the calcutta case referred to above.21. on the construction of the plaintiffs pleadings as indicated above it is unnecessary to consider the application for amendment of the plaint submitted on his behalf by mr. sanghi before me.22. on the findings of fact reached by thecourt below and on the construction of the ..... could be held sufficient for enabling the plaintiff, who claimed on that basis, to succeed. it was definitely held that no claim under section 15 of the easements act was founded by the plaintiff in that case. the land of estate involved in that case was that of a raiyatwari proprietor as in the present case. their lordships ..... found by the courts for presuming the existence of a grant at some distant period of time.'their lordships then considered the applicability of article 34 of the limitation act which provided for two years limitation for enforcement of a right the period being computed from the date of obstruction. they held that the cause of action in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP273
..... the learned judges of the andhra pradesh high court accepted the contention of the respondent before; them that the addition of proviso to section 83(1) by the amending act of 1961 was 'a purposeful addition'. but the observations which they made for emphasizing the importance of the verification of an election petition under section 83 (1) ..... the requirement of its being in the prescribed form. is not of the essence and is directory. before the amending act 27 of 1956, for non-compliance with the provisions of section 83, the penalty provided in the act was dismissal of the application by the election commissioner under section 85 or by the election tribunal under section 90 ..... (3) of the act. but no such consequence is provided in the act as stands now after the amendment of 1956. it is, therefore, clear that even for the non-filing of the affidavit along with the election petition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP34; [1967]63ITR689(MP)
..... account.' 4. the ordinance of 1949 was replaced by the taxation laws (extension to merged states and amendment) act, 1949, (hereinafter referred to as the 1949-act). section 3 of this act extended inter alia the indian income-tax act, 1922, along with all the rules and orders made thereunder, to all the merged states with effect ..... that resemblance, following the decision of the supreme court in ramgopal mills case. : [1961]41itr280(sc) , it cannot be held that the 1962 order substantially amends the indian income-tax act, 1922. 19. learned counsel referred us to the observations made by the supreme court : [1961]41itr280(sc) in the the case of ramgopal mills, ..... laws (part b states) (removal of difficulties) order, 1950. in our opinion, the contention that the impugned 1962 order is invalid inasmuch as it substantially amends the indian income-tax act, 1922, is concluded by the decision of the supreme court in ramgopal mills case, : [1961]41itr280(sc) and must, therefore, be rejected. 20. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP7; 1969MPLJ125
..... reliefs expressly mentioned in sections 32 and 33 is not directly claimed in the suit, still the suit would be barred if it in any way involves enforcement, or amendment or modification, or setting aside of an award.6. having given my earnest attention to the arguments advanced on behalf of the applicant, i am of the view that ..... in the suit is one of partition and separate possession. none of the reliefs evisaged in section 32 of the act has been prayed for in the suit. the suit as instituted does not in any way involve enforcement or amendment or modification or setting aside of an award, and therefore shyamsingh's case, referred to above, does not help ..... that any written submission to arbitration was made. differing from the trial court it held that the suit of the plaintiff was maintainable and section 32 of the arbitration act did not constitute a bar to the tenability of the suit.5. the contention advanced by the learned counsel for the applicant is that the lower appellate court has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP150; 1968MPLJ854
..... have been raised.7. section 68-d, in its application to the state of madhya pradesh, has been modified by the motor vehicles (madhya pradesh amendment) act, 1962 (no. 2 of 1963). by the amending act, an explanation has been added to sub-section (i) of section 68-d defining the words 'person affected' as meaning and including -(a) a ..... taken under the rules of business. 2. that the explanation to sub-section (1) of section 68-d of the act, inserted by the local amending act no. 2 of 1963 is ultra vires, and that the amended rule 6 of the rules giving to the objectors only seven days' notice before the date of hearing is not consistent with ..... counsel confer on the governor any statutory power.under section 3 (60) fc) of the general clauses act, 1897, the 'state government' no doubt means, as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, the governor. but it is important to note that this identification of the governor with the .....
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