Court : Madhya Pradesh
Reported in : AIR1973MP281; 1973MPLJ846
..... as sale of immoveable property is not a normal business of the board and as the officers with whom the plaintiff company dealt had no real or ostensible authority to act on behalf of the board, the plaintiff-company should have enquired whether there was any board resolution or not for the sale of the property at rs. ..... this cheque was accepted by the superintending engineer, and, therefore, nothing remained to be paid by the plaintiff-company to the board on account of the price of the suit property ..... p-10 dated 18th may, 1957 communicated that the price worked out to rs ..... p-6) is dated 22nd february, 1957 which must have been received by the board within a few days thereafter ..... d-32 dated 11th january, 1957) in pursuance of the resolution of the board and the secretary of the board intimated to the plaintiff-company these details by ex ..... desouza, 22-4-1957 the papers were then sent to the technical member shri k. r ..... shrivastava 20-4-1957 a reading of the above note will show that the chairman was of opinion that as the land was nazul land the company will have to pay fresh premium when it will use the land for ..... pursuance of the order of the board, the superintending engineer by letter dated 18th may, 1957 (ex. ..... shrivastava, the chairman of the board, he discussed the matter with thesuperintending engineer and noted as follows on 20th april, 1957 : (ex. ..... the receipt of this letter, the matter was examined by the superintending engineer of the board who put up a note dated 15th april 1957. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP16
..... it follows, therefore, that the payment and accept met of rent for a period after the expiry of the notice terminating the contractual tenancy so long as the accommodation control act is in force cannot necessarily be taken as a waiver of notice terminate the contractual tenancy and showing an intention on the part of the landlord to treat the contractual tenancy as subsisting. ..... the courts below were in error in treating the acceptance of the cheque itself as an act of the landlord showing his intention to treat the contractual tenancy as subsisting. ..... in the instant case, there is no evidence to indicate that by receiving the cheque the plaintiff landlord accepted rent for any period after the termination of the contractual tenancy. ..... here, except the fact that the plaintiff accepted the cheque, and thus accepted rent for some two months that is for a period after the expiry of the notice, there is nothing to show the intention of the landlord to treat the tenancy as subsisting. ..... 150/- which the plaintiff retained ; and that by retaining the cheque the plaintiff received notonly the arrears of rent amounting to rs. ..... there can be no doubt that by retaining this cheque the plaintiff received payment of rent for the months of march and april 1952, that is for some period after the expiry of the notice dated 13th february 1952.the question is whether this acceptance of ..... miss lila dey, (s) air 1957 cal 627 and panchanan v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP217
..... the first question that rewires to be decided is whether the assistant registrar is or is not competent to decide a dispute between a financing bank and its member, under section 64 (1) of the act section 64 (1) of the act, provides for any dispute touching the constitution,management or business of a society or the liquidation of a society being referred to the registrar by any of the parties to the dispute if the parties thereto are among ..... in the present case, we have already pointed out that the statutory rule-making authority has empowered and conferred on the appellate authority, under section 77 of the act, power to pass suitable order on the appeal and the expression 'suitable order on the appeal' is comprehensive enough not to mean to allow or dismiss the ..... waghmare, learned counsel for the society, contends that the assistant registrar is incompetent to decide the dispute under section 64 of the act, that the board of revenue has no jurisdiction to remand the matter to the deputy registrar as section 77 of the act has not specifically empowered the appellate authority to remand a case but at the most to direct the party to approach the competent authority for ..... the board of revenue, in the present case, thought it proper to remand the case to the deputy registrar to give a decision under section 64 (1) of the act, by virtue of notification issued by the state government noted above and this decision of the board of revenue, in our opinion, is not only valid and proper .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]53STC100(MP)
..... this is a reference by the board of revenue, madhya pradesh, under section 44(1) of the madhya pradesh general sales tax act, for our opinion on the following questions of law :(1) whether, in the facts and circumstances of the case, g.i. ..... the case was reopened by the assessing authority under section 19(1) of the act on the ground that the sale had been under-assessed or had escaped assessment or had been assessed at a lower rate. ..... the board also held that the case could not be reopened under section 19(1) of the act on the facts and circumstances of the case as the successor of the officer, who had made the original assessment, was not competent to revise that assessment while acting under section 19(1) of the act. ..... pipes, hose pipes and rubber pipes were not taxable under entry 56 of part ii of schedule ii to the act.6. ..... board allowed the appeals holding that the pipes in question did not fall within the items mentioned as sanitary goods and fittings and they could not be assessed as per entry 56 of part ii of schedule ii to the act. ..... general sales tax act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP97; 1968CriLJ631
..... judicial commissioner proceeded on the view that if an accused convicted of an offence punishable under section 302 of the indian penal code is excluded from the definition of a 'youthful offender' in section 4(a) of the reformatory schools act on the ground that the punishment prescribed under that section is not only transportation but death as well, then in that case offenders convicted of offences, wherein the punishment of transportation or imprisonment is prescribed but in addition or ..... a sentence of 'imprisonment for life' can be awarded for an offence under section 302 of the penal code cannot warrant its being called an offence 'punishable with imprisonment' if it were the intention of the act to include within the ambit of the expression 'punishable with imprisonment' all offenders against whom a sentence of imprisonment had been passed irrespective of the nature and gravity of the offence of which they had been convicted ..... which a sentence of transportation for a term has been passed before the commencement of the code of criminal procedure (amendment) act, 1955, the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term. ..... judge was that if one of the sentences prescribed under the particular section was transportation and if the accused was in fact awarded that sentence, the provisions of the reformatory schools act applied to his case notwithstanding the fact that the offence could as well be punished with death. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP174
..... (d) that the marriage can be annulled if the respondent was at the time of the marriage pregnant by some person other than the petitioner, a ground introduced in the english law by matrimonial causes act, 1937, does not provide that the marriage can be annulled simply on the ground that the respondent was at the time of marriage suffering from venereal desease in a communicable form, a ground which ..... 'apart from duress or imbecility of mind amounting to insanity and apart from the grounds for avoiding a marriage in the circumstances originally introduced by the matrimonial causes act, 1937, fraudulent misrepresentation, or concealment does not affect the validity of a marriage to which the parties freely consented with a knowledge of the nature of the ..... of a party was held to invalidate a marriage on the ground that the policy of the divorce act did not contemplate a valid marriage between a christian and a person professing a religion which is not monogamous ..... the learned advocate-general contended that fraud here means, fraud as defined in the indian contract act, 1872, and that if the husband's consent to the marriage was obtained by concealing the fact that the wife was suffering from syphilis, it would be ..... this is a husband's appeal under section 28 of the hindu marriage act, 1955, against a decree passed by the fifth additional district judge, jabalpur, on 18th december, 1973, dismissing his petition for annulment of marriage under section 12(1)(c) and, in the alternative, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1997)ACC204; 1998ACJ672
..... the unsuccessful claimants have filed this miscellaneous appeal under section 110-d of the motor vehicles act, 1939 against the order dated 4.5.1990 rendered by the 1st motor accidents claims tribunal, barwani in claim case ..... of the point involved the position emerges as under:(a) the appellants resorted to remedy under the provisions of workmen's compensation act and as such, the application before the tribunal was untenable in law. ..... application under section 92-a alone without claim case under section 166 of the motor vehicles act (old section 110-a) was not shown to be tenable even otherwise. ..... held that the appellants took recourse to the case under the provisions of workmen's compensation act and as such, the application was untenable in law. ..... under section 166(3) of the motor vehicles act, 1988, it is provided that 'no application for such compensation shall be entertained unless it is made within six months of the occurrence of ..... instant case, the appellants resorted to the remedy under the provisions of workmen's compensation act and obtained the award. ..... not disputed before me that when any remedy is available under two different acts, then the aggrieved party may resort to the proceedings under any one of those acts at its discretion. ..... 1989, the appellants filed an application under section 92-a of the motor vehicles act before the aforesaid tribunal. ..... did not file any claim case, but filed an application under section 92-a of the motor vehicles act for interim award. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)55CTR(MP)35; [1986]162ITR833(MP); 1986MPLJ360
..... question involved in this case is the effect of insertion of the proviso in sub-section (2) of section 187 retrospectively with effect from april 1, 1975, by the taxation laws (amendment) act, 1984, which is as under : 'provided that nothing contained in clause (a) shall apply to a case where the firm is dissolved on the death of any of its partners.' 5 ..... officer rejected this contention and held that it was merely a case of a change in the constitution of the firm which was governed by section 187 of the act and, therefore, one consolidated assessment was required to be made for the entire periodclubbing the income for both the periods. ..... the assessee's contention was that it was a case of succession governed by section 188 of the act since the partnership firm stood dissolved during the relevant period of assessment as a result of the death of one of its partners, magan bhai kheta, on ..... this is a reference under section 256(1) of the income-tax act, 1961, at the instance of the revenue to answer the following questions of law, namely ..... as it stood prior to this amendment was interpreted along with section 188 of the act by a full bench of this court in girdkarilal nannelal v. ..... the facts and in the circumstances of the case, and keeping in view the specific provisions in the income-tax act, the appellate tribunal was justified in relying on the provisions of the partnership act, particularly those of section 42(c), as against the express provisions of the income-tax act, 1961 ' 2. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ422
..... contend that if the goods were local goods in the hands of selling registered dealer, he would have affixed the rubber stamp endorsement in the bills as required by section 7 of the act and rule 7 of the rules and the fact that he did not affix the endorsement clearly indicates that the goods were not local goods and must necessarily have been brought into this ..... can be discharged by the purchasing registered dealer by producing the bill he receives from the selling registered dealer which does not contain the rubber stamp endorsement as required by section 7 of the act and rule 7 of the rules to the effect that the goods are local goods and entry tax has not been paid. ..... shall be paid by every dealer liable to tax under the sales tax act who has effected entry of such goods. ..... holding that the burden was upon the assessee to prove that entry tax had been levied on such goods in the hands of the selling registered dealers where no seal required by section 7(1) of entry lax act was affixed on the sales bills?'2. ..... holding that the burden was upon the assessee to prove that entry tax had been levied on such goods in the hands of the selling registered dealers where no seal required by section 7(1) of entry tax act was affixed on the sales bills?' (iv) m.c.c. no. ..... that the burden was upon the assessee to prove that entry tax had been levied on such goods in the hands of the selling registered dealers where no seal required by section 7(1) of entry tax act was affixed on the sales bills? .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2001)ACC742; 2001ACJ1176
..... the claims tribunal without recording the evidence of the parties, allowed the preliminary objection and came to the conclusion that as the death was caused intentionally or at least with the knowledge that the act was likely to cause death, hence, for the tortious liability arising from the same, suit for damage could be filed before the civil court and the motor accidents claims tribunal had no jurisdiction to ..... their lordships of the apex court laid down that use of expression 'arising out of indicates that for the purpose of awarding compensation under section 92-a of the 1939 act the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. ..... section 163b further provides that a person is entitled to claim compensation under section 140 and section 163a of the 1988 act but has been given option of filing claim under either of the said section s and not under both. ..... as already mentioned above, the provisions of sections 140, 163a and 165 of the 1988 act have undergone sea change with respect to negligence part and proof of wrongful act and, thus, to that extent common law principle of liability on negligence stands superseded as held by their lordships of the apex court in case of shivaji dayanu patil 1991 acj 777 (sc) and also in a case of accidental murder as per .....
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