Court : Madhya Pradesh
Reported in : AIR1971MP59; 1970MPLJ937
..... direct attachment of the amount of compensation in the execution proceedings.22. shri pandit strenuously argued that the decree-holders could not proceed under section 28 of the act because the order of the claims officer was not complete; he omitted to specify the property remaining encumbered in respect of the claim. this contention is right but ..... amount being still in deposit, the decree-holders can approach proper authority and receive the amount of compensation in payment of the amount determined under section 24 of the act. in our opinion, it is open to the decree-holders to follow the course suggested by shri dharmadhikari, and, having regard to the concession, it is ..... unpaid from any property remaining encumbered in respect of that claim. in order to enforce that right, the creditor must obtain an order under section 27 of the act, and then obtain from the civil court a preliminary decree for sale of such remaining encumbered property and then to execute that decree. (2) as soon as .....
Tag this Judgment!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 : (1984)42CTR(MP)319; [1985]154ITR1(MP)
..... further been held that the fact that the words 'definite information' which were there in section 34 of the act of 1922 at one time before its amendment in 1948 are not there in section 147 of the act of 1961 would not lead to the conclusion that action can now be taken for reopening an assessment even if ..... petition succeeds and is allowed. the impugned notice (annexure o) dated march 18, 1981, issued by the ito, e-ward, indore, under section 148 of the said act is quashed and the respondents are restrained from taking any proceedings under the said notice dated march 18, 1981, regarding reassessment. a writ is issued accordingly. however, in the ..... or otherwise, in these facts and circumstances of the case, there was legal justification for the ito to issue the notice of reassessment under section 148 of the act for reopening the assessment for the year 1972-73, which was already completed and accepted as also for the subsequent years. therefore, before dealing with the points of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP356
..... in clause (a) of section 82.10. it may be mentioned here that this section was substituted for the original section 82 by the representation of the people (second amendment) act (no. xxvii of 1956). the original section required all the 'duly nominated candidates' to be joined as respondents irrespective of whether in the election petition the further declaration ..... ground alone.12. mr. bobde laid a great deal of emphasis on the inclusion of section 82 in the penal provision contained in section 90 (3) as amended by act no. xxvii of 1956 it is stressed that for non-compliance with section 82 an election petition could not be dismissed under section 90 (3) as it stood ..... before the amendment. we do not see how this advances the petitioner's contention. it is true that before the amendment, an omission to implead the candidates who had .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP25; 2003(4)MPHT124; 2003(3)MPLJ182
..... state government and state legislature to consider about the removal of these discriminations and to pass appropriate uniform legislation in this regard by incorporating amendments in the local acts. the legislature has provided disqualification for the post of mayor but that disqualification is not applicable to the mlas. it is also for ..... duties after he is sworn in as a member of parliament. under the constitution the union executive is responsible to parliament and members of parliament act as watchdogs on the functioning of the council of minister. in addition, a member of parliament plays an important role in parliamentary proceedings, including enactment ..... thereafter (15) any office under an insurer the management of whose controlled business is vested in the central government under the life insurance (emergency provisions) act, 1956 (16) the office of the leader of the opposition in the madhya pradesh legislative assembly (17) chairman and vice-chairman or president and vice .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP215; 2004(1)MPHT56; 2004(1)MPLJ552
..... mudaliar and anr., air 1985 sc 607, it was held by their lordships of the supreme court while dealing with sections 55 and 73 of the indian contract act have held that the contractor is entitled for extra payment for the extended period of contract on account of inflation because the department extended the period of the ..... applicable in the present case because there is nothing on record so as to demonstrate that anywhere, at any point of time, the plaintiff by his declaration, act or omission intentionally caused or permitted the defendant to believe that he had obtained the payment of final bill in full satisfaction and thus, the point which has ..... leaving scintilla of doubt that the suit is within limitation.25. in the case of gannon dunkerley (supra), their lordships while elucidating article 120 of the limitation act of 1908 held that an accrual of the right asserted in the suit and its infringement, or atleast a clear and unequivocal threat against whom the suit is instituted .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(1)MPHT400; 2003(4)MPLJ398
..... he made by the defendant by filing a separate suit. but in order to avoid multiplicity of suits. rule 6-a of order viii, cpc was inserted by cpc amendment act, 1976, which came in effect from 1-2-1977. if the counter claim is filed, it being in the nature of a suit, the original plaintiff has a ..... delhi as well as the high court of andhra pradesh categorically held that the counter claim before the debt recovery tribunal was not maintainable. the legislature amended section 19 of the said act and incorporated the provision for filing of counter claim and set off. on a first flush it may appear that unless there is specific provision of ..... provisions was for the purpose of clothing the tribunal with the jurisdiction to entertain application by the banks and other financial institutions. but the language of the cooperative societies act is quite different. section 64 has been couched in a broader base and has different ramification. as has been stated earlier a loanee can raise a dispute against .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001CriLJ3212
..... servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income'. clause (e) was added by the anti corruption laws (amendment) act, 1964 and the possession of assets disproportionate to known sources of income of a public servant was made a substantive offence. a corresponding provisions has been ..... type of cases that the possession of disproportionate assets was made a substantive offence by the anti corruption laws (amendment) act, 1964 by adding clause (e) to section 5(1) of the prevention of corruption act, 1947 on the recommendation of the santhanam committee. the provision contained in section 5(1)(e) of the ..... above discussion the conviction of the appellant for the offence punishable under section 5(1)(e) read with section 5(2) of the prevention of corruption act 1947 is unassailable. keeping in view the inordinate delay in the investigation and trial (about sixteen years), the sentence of rigorous imprisonment for three years .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP387; 1959CriLJ1337
..... additional district magistrate, mandsaur. the accused in all these cases were prosecuted for an offence under section 3(2)(c) and 14 of the foreigners act, 1946, read with foreigners laws amendment act, 1957.2. questions involved in all these cases are almost common but for slight variation as to facts. it is therefore considered proper to deal ..... is based.11. the accused has been charged with the commission of an offence under section 3(2)(c) read with section 14 of the foreigners act for his act in failing to quit india after the expiry of the period mentioned in his pass-port entitling him to remain in india and in spite of a ..... they are therefore dismissed. shiv dayal shrivastava j.:29. three questions arose in these appeals; (i) whether the respondents were foreigners within the meaning of the foreigners' act; (ii) whether the respondents had proved that they had not migrated to pakistan; and (iij) whether the district superintendent of police as civil authority constituted under the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT229
..... being disposed of with the following directions to the state government which will be implemented by the state government:--(1) that the state shall make suitable amendments in the police regulations about taking and filing photographs of the complainant, material witnesses and accused persons alongwith the charge-sheet in all criminal cases, ..... court also, in pakhar singh and anr. state of punjab (air 1958 punjab 294), held that the provisions of section 5 of the identification of prisoners act, 1920 cannot be held to be unconstitutional, as violative of the constitutional guarantee against testimonial compulsion. likewise, in government of manipur v. thokchom tomba singh ..... persons, alongwith the charge-sheet, permission of the magistrate would be necessary to the police officer under section 5 of the identification of the prisoners act, 1920. but no permission is necessary to file the photographs of material witnesses and complainant. in order to avoid evidence by the false witnesses .....
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