Court : Madhya Pradesh
Decided on : Apr-19-2007
Reported in : 2007(3)MPHT95; 2007(2)MPLJ438
..... the premises vacated not only for his own need, but for the members of the family mentioned in section 2(e) of the act. once the tenant has given up the tenancy and has secured an alternative accommodation, his dependents cannot claim that a fresh tenancy ought to be created in their favour merely because, they do not ..... therefore, this line of reasoning is obviously fallacious and if we were to accept the same, it will lead to the provisions of the m.p. accommodation control act, 1961, being rendered nugatory and will create scope for committing frauds on the statute. such an interpretation can evidently not be accepted by a court of law. moreover ..... the parties and perusing record of trial court, learned first appellate court found that the respondents/plaintiffs have proved their case under section 12(1)(b) of the act and setting aside the judgment and decree passed by the trial court decreed the suit of the respondents/plaintiffs.8. aggrieved by the impugned judgment and decree appellants .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-17-2007
Reported in : 2008(1)MPHT71
..... , whereby the property of the petitioner is put to auction in exercise of powers conferred under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (for short 'the act, 2002').brief facts of the case are that the petitioner and his brother hafiz sakir hussain are the owners of block no. 31, plot no. ..... in the case of greater bombay (supra), therefore, the same will be applicable and the co-operative bank will not be covered by the definition as defined under the act, 2002 and entire action is without jurisdiction and contrary to law, therefore, the impugned auction notice deserves to be set aside.7. in reply to this argument, ..... of india; or(iv) a subsidiary bank; or(v) such other bank which the central government may, by notification, specify for the purposes of this act.thus, under the act, 2002 the central government is empowered to issue a notification in respect of any bank, which is not covered by clauses 1 to 4 of the definition to .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-07-2007
Reported in : 2008(4)MPHT92
..... unqualified acceptance of the offer or tender made by the appellant and was not intended to make a substantial variation in the contract by making the deposit of security a condition precedent instead of a condition subsequent.in kollipara sriamulu v. aswatha narayna : [1968]3scr387 , the apex court has observed that a mere reference ..... the respective equipment. the said period shall be counted from the date of receipt of technically-commercially clear and firm order/requisite advance payment subject to 'force majeure'. it is further proposed that all drawings, datas to be furnished by the contractor shall be approved by mpeb/consultant within one month from the date ..... a proposal and it was accepted on the basis of correspondence in the absence of execution of formal agreement and performance guarantee. section 7 of the contract act provides in order to convert a proposal into a promise the acceptance must be absolute and unqualified, be expressed in some usual and reasonable manner, unless .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-06-2007
Reported in : (2008)1CompLJ306(MP); 2007(4)MPLJ560
..... (4). it is further submitted that not only the borrower has power to make representation, an appeal has been provided under section 17 of the sarfaesi act to the drt which safe-guards the interest of the borrower and others affected and, therefore, notwithstanding that the company court was in the seizin of ..... to know that the present appellant is initiating enforcement of the provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter j referred to as the sarfaesi act), an application was made before the learned | company judge to seek a restraint order against the respondent no. 2 (company) ..... been given an overriding effect under section 35. sec-ion 35 provides that the provisions of the sarfaesi act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. the further contention of the learned .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-06-2007
Reported in : AIR2008MP79
..... . canara bank air 2000 sc 1535, particularly to paragraph 35.8. insofar as the contention of the learned counsel with regard to the overriding effect given to sarfaesi act is concerned, there cannot be two opinions. at the same time, it cannot be overlooked that once an amount is realised from the sale of the assets ..... under sub-section (4). it is further submitted that not only the borrower has power to make representation, an appeal has been provided under section 17 of the sarfaesi act to the d. r. t. which safeguards the interest of the borrower and others affected and, therefore, notwithstanding that the company court was in the seisin of ..... has been given an overriding effect under section 35. section 35 provides that the provisions of the sarfaesi act shall have effect notwithstanding anything consistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. the further contention of the learned counsel for the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-10-2007
Reported in : AIR2007MP214; [2007(4)JCR580(MP)]; 2007(2)MPLJ594
..... and milk products are part of the functions of a welfare state.16. bye-law 4.0 of the bye-laws of the federation is titled 'fund and securities' and bye-law 4.9 states that the authorized share capital of the federation is rupees ten crores and bye-law 4.9.1 states that the board of ..... and as a result the lpa was no longer maintainable, but the madhya pradesh uchcha nyayalaya (khand nyaypeeth ko appeal) adhiniyam, 2005 has in the meanwhile come into force with retrospective effect from 1st july, 1981, providing for an appeal from a judgment and/order passed by a learned single judge of the high court under article 226 of ..... rajya karmachari kalyan nigam : (2005)illj544sc for determining whether u.p. raj karmachari kalyan nigam (for short 'the corporation'), a society formed and registered under the societies registration act, 1860, was 'state' within the meaning of article 12 of the constitution. the facts were that the corporation was an agent or stockist on behalf of the government and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-16-2007
Reported in : [2008]141CompCas1(MP); [2008]83SCL541(MP)
..... that the priority of the claim of a workman should be taken to be on the top even against the priority of the claim of the secured creditors.9. section 446 of the companies act refers to the suits which are stayed on winding up order. sub-section (2)(d) says that the court shall, notwithstanding anything contained in ..... understanding of section 529a would make it clear that notwithstanding anything contained in any other provision of the act or any other law for the time being in force, in the winding up of a company, the workmen's dues and debts due to secured creditors to the extent such debts rank under clause (c) of the proviso to sub-section (1 ..... 529a reads as under:529a. overriding preferential payments,--notwithstanding anything contained in any other provision of this act or any other law for the time being in force, in the winding up of a company,-(a) workmen's dues; and(b) debts due to secured creditors to the extent such debts rank under clause (c) of the proviso to sub-section ( .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-29-2007
Reported in : 2008(1)MPHT383
..... directly or indirectly, useful to an enemy or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of india, the security of the state or friendly relations with foreign states.the high court held that the word 'secret' in clause (c) qualifies only the words 'official code ..... the no confidence motion. this having been not availed, reliance on nagsai's decision (supra), is out of place.14. in the result, the petition has no force, firstly, on account of availability of alternative efficacious remedy and secondly, also for want of substance on merits.15. accordingly, the writ petition is dismissed, however, ..... therefore, no confidence motion stood vitiated.(iii) petitioner was not given an opportunity to speak as required under sub-section (2) of section 21 of panchayat act. this has an effect of vitiation of the no confidence resolution.7. as regards appointment of presiding officer for meeting of gram panchayat for consideration of no .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-07-2007
Reported in : 2008(1)MPHT395
..... has been appended as annexure p-9 with the present petition. a perusal of the said notification annexure p-9 reflects that the scheme was to come into force w.e.f. the date of publication in the government gazette. thus, the said scheme having been published in the government gazette on march 28, 2003. ..... filed by the petitioner-society on december 10, 1993 was premature, having been filed even before the scheme had been finalized under section 50(4) of the act, and therefore, even the resolution dated december 28, 1993 (annexure p-6) passed by ida was considered to the premature and therefore, while rejecting the objections ..... nirman sahkari sanstha maryadit (hereinafter referred to as 'petitioner-society'), which is a residential housing co-operative society under the provisions of madhya pradesh co-operative societies act, submitted a representation/application on december 10, 1993 to ida requesting that since the land belonging to the petitioner-society was sought to be included in the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-27-2007
Reported in : 2008(2)MPHT452
..... the insurer. in case there is any default it shall be open to the executing court to direct realisation by disposal of the securities to be furnished or from any other property or properties of the owner of the vehicle, i.e., the insured. in the ..... violation of terms of conditions of permit.12. keeping in view the law laid down by the apex court appeal/revision has no force and is hereby dismissed. no order as to costs.13. a copy of this order be placed in the record of c.r ..... apex court has further observed that:the residual question is what would be the appropriate direction. considering the beneficial object of the act, it would be proper for the insurer to satisfy the award, though in law it has no liability. in some cases the ..... has observed that the question arising for determination in appeal was whether insurer could disown its liability under section 149 of the act because the policy contained a clause that the vehicle would not be allowed to be used for the purpose not allowed by .....
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