Court : Madhya Pradesh
Reported in : AIR1983MP42
..... counsel for the applicant referred to order 34, rule 15 (2) of the code of civil procedure and argued that the insertion of this provision by the civil procedure code (amendment) act, 1976 (act no. 104 of 1976) is to give effect to the decision in fatehchand's case (air 1935 nag 129) (supra) i am afraid, this contention is a ..... creditor. for this conclusion, the-following observations of the full bench have been relied upon:'that seems to me to be the object of a charge; not to regulate the order in which the defendant's property is liable to be attached. taking clause (1) of this decree, it is perfectly plain that it amounts to an ..... sought to proceed personally against the applicant. the applicant, therefore, raised two-fold objection to the execution of the decree. his first contention was that the decree-holder bank allowed the property charged, namely, the tempo, to be lost and, therefore, claimed a discharge. his second contention was that the decree-holder should first realise the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2001]104CompCas599(MP)
..... in a supreme court decision in real value appliances ltd. v. canara bank [1998] 93 comp cas 26 ; air 1998 sc 2064, wherein it is held (page 40 of comp cas) :'there can, therefore, be no difficulty in holding that after the amendment to regulation 19 with effect from march 24, 1994, once the reference is registered ..... petition succeeds and is allowed. the notice, annexure p-5 as also the action of taking over by respondent-corporation under section 29 of the state financial corporations act, 1951, are quashed. the respondent-corporation is directed to hand over the possession of the unit to the petitioner. the respondent-corporation shall, however, be free ..... is called in question by the petitioner and it is contended that since the enquiry, as contemplated under section 16 of the sick industrial companies (special provisions) act had commenced even before issuance of the notice dated february 25, 2000, the action of the respondent-corporation is contrary to the mandate of section 22.4. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]147ITR529(MP)
..... income-tax. it was pointed out in rao bahadur ravulu subba rao v. cit : [1956]30itr163(sc) , as under (pp. 169, 173) :' the act is, as stated in the preamble, one to consolidate and amend the law relating to income-tax. the rule of construction to be applied to such a statute is thus stated by lord herschell in ..... without its dissolution. it has, therefore, to be seen whether the principles of general law relating to partnership regulate the construction of section 187.4. sections 187, 188 and 189 of the i.t. act, 1961, are in chapter xvi of the act containing ' special provisions applicable to firms' under the sub-head 'changes in constitution, succession and dissolution'. in ..... bank of england v. vagliano [1891] ac 107: ' i think the proper course is, in the first instance, to examine the language of the statute .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP286; 1988MPLJ489
..... 980 of 1988 that the introduction of item (e) in sub-section (1) of section 59 of the code by the amending act was beyond the legislative competence of the state legislature. according to him, the regulation of mines and mineral development to the extent mentioned to entry 54 of the union list was within the domain of the parliament ..... code, with or without the impugned amendment, would show that it does not levy or impose any land revenue on any land or the landowner. ..... ), (b) or (d); (d) for industrial or commercial purpose. by the impugned amendment, item (e) in section 59(1) was inserted in following terms : '(e). for the purpose of mining under a mining lease within the meaning of mines and minerals (regulation and development) act, 1957 (no. 67 of 1957.)' a careful reading of section 59(1) of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2012CrLJ2008
..... without prior permission. i would like to reproduce some part of the statement of objects and reasons of the negotiable instruments (amendment and miscellaneous provisions) act 2002: "the negotiable instruments act 1881 was amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 wherein a new chapter xvii was incorporated for penalties in case of dishonour of cheques due to insufficiency of funds ..... objects. (21) so, the intention of the legislature and object of enacting "banking", public financial institutions and the negotiable instrument laws (amended act) 1988 and subsequent enactment i.e. negotiable instruments (amendment and miscellaneous provisions) act 2002 leads this court to a conclusion that the offence made punishable under section 138 of ni act is not only an offence qua property but it is also of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT1
..... was executed as per provisions of section 21 of the general clauses act, 1897. section 21 of the general clauses act runs as under :-- '21. power to issue, to include power to add to, amend, vary or rescind, notifications, orders, rules or bye-laws.-- where, by any central act or regulation, a power to issue notifications, orders, rules, or bye-laws is ..... special law has overriding effect over all provisions made in that regard. it has been denied that for the abolition of the tribunal, the a.t. act is required to be amended. the stand taken by the government of india is based on complete mis-reading of provisions of law. the high court by order dated 13-7-2001 ..... under :-- '11. the normal rule of interpretation is that the words used by the legislature are generally a safe guide to its intention, lord reid in west-minster bank ltd. v. zang, 1966 ac 182, observed that 'no principle of interpretation of statutes is more firmly settled than the rule that the court must deduce the intention .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP117
..... of money-lenders, the preamble is 'whereas it is expedient to make better provision for the regulation and control of money-lending;'the amending acts of 1936 and 1940, which introduced the provisions for their registration, have short colourless preambles indicating that it was necessary to amend the act 'in the manner hereinafter appearing' or 'for the purposes hereinafter appearing'. they throw no light on ..... , after exposure under different aliases, will sometimes resort to such descriptions as a 'wealthy capitalist residing in a private house', a 'widow lady', a 'bank', a 'finance and advance corporation', or even a 'bank expressly incorporated under act of parliament to advance money at a low rate of interest to respectable persons'.'having regard to the mischief which had to be cured as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT267
..... issue, which therefore crops up for consideration in the present appeal is whether the family court was justified in declining the claim of the appellant to operate the bank a/cs on the ground that it has no jurisdiction to grant the permission to operate the said a/c.4. before we advert upon the aforesaid issue ..... the time being in force or in any instrument having effect by virtue of any law other than this act.6. the mental health act, 1987 (hereinafter referred to as 'the act of 1987') was enacted to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to ..... however, the exercise of such power would be subject to the provisions contained in the mental health act, 1987. we accordingly allow the appeal with a direction to the court below to issue appropriate orders keeping in view the provisions contained in mental health act, 1987 in favour of the appellant in respect of regulation of bank account of v. raghawan. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT242; 2008(1)MPLJ320
..... for compassionate appointment was rejected and the supreme court has held that the high court was perfectly justified in muingmandamus to the appellant-bank once the main defence of the appellant was found to be unsustainable. in the case of state of bihar v. dr. braj kumar mishra and ors. reported in ..... therefore, the order passed by learned writ court is justified. learned counsel for the respondent also placed reliance on a decision of the supreme court in the case of indian bank v. k. usha and anr. reported in : [1998]1scr358 , in which it was held that in the background of this fact that the name of the respondent ..... regulation, it is clear that if a person is not otherwise found unsuitable for promotion, he can be granted out of turn promotion if he was involved in anti-dacoit operations. therefore, there is no dispute that in the aforesaid encounter which was held on 1-12-2002. respondent-mahendra kumar mishra took an active part and acted .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP37; 1961CriLJ266
..... . he, however, did not think it necessary to make a reference under section 432, cr. p. c., to the high court, because the scheme is not 'an act, ordinance or regulation'.4. the application in revision filed before the learned addl. sessions judge, ujjain, from this order, could have been treated as one for further inquiry; but he held that ..... on the view propounded by the learned magistrate, became a penal offence under paragraph 76(a) and (c) on the day in october 1953, when the notification was made amending paragraph 3(b)(v) of the scheme. 16. it is almost a trite proposition that article 20(1) of the constitution against ex post facto penal legislation does not ..... from their wages and then add his own contribution, and such administration charges as might be fixed by the central government and shall pay to the fund by cheque or bank draft within 15 days from the close of each month; sub-paragraph (2) directs that he should also forward to the commissioner within 15 days from the close .....
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