Court : Madhya Pradesh
Reported in : AIR1958MP66; 1958CriLJ383
..... for leave to appeal under section 417 (3) was filed on 9th february, 1956, and was a proceeding instituted after the commencement of the code of criminal procedure (amendment) act, 1955, and that, therefore, section 417 (3) was applicable. this argument is fallacious and must be rejected. it overlooks the fact that when the question is of ..... of appeal against an acquittal subject to the leave of the high court was conferred on a private complainant for the first time by the code of criminal procedure (amendment) act, 1955, which inserted a new sub-section, namely sub-section (3), in section 417 cr. p. c. the petitioner thus had no right of appeal in ..... the applicability of an amendment made by the code of criminal procedure (amendment) act, 1955, and of the competency of the proceedings thereunder, the words 'all proceedings' which first occur in the last para of section 116 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP135
..... governor'. from this correspondence, it is clear that the government had deliberately raised the rates of royalty and plaintiff accepted them knowing the full implication. the draft amendments dated 12-7-1947 (ex. d-13) issued 'by order of the governor' continued the same policy of raising royalty.it can be presumed from this ..... separate entity. all the lands, buildings and other property belonging to the government of india vested in his majesty and the secretary of state for india acted for his majesty.the constitutional position changed in 1935 and the provinces were for the first time given an independent status in certain matters and the government ..... section 5 of the mines and minerals (regulation and development) act, 1948.it was also contended that the agreement was executed on a representation from the state government that the mining rules were being amended to raise the rates of royalty. ultimately, the draft amending rules which had been published for this purpose was not brought .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP171
..... by the state merger (governors' provinces) order, 1849, end by the taxation laws (extension to merged states and amendment) act 1949 (hereinafter referred to in the judgment as the taxation laws act) the indian income-tax act was extended to the state of nandgaon with effect from 1st april 1949. in the years 1954 and 1955, the income ..... the validity of the notices under article 226 of the constitution. his petition was heard by kotval j., and was dismissed.3. the taxation laws act repealed the income-tax act applicable to the state with the only saving in section 7 as below :'............ except for the purposes of the levyassessment & collection of income-tax and ..... income tax officer, air 1954 tc 137 (d). in that case, their lordships held that the words 'levy, assessment and collection' in section 13 of the finance act, include all the processes by which the tax is ascertained, demanded and realised and accordingly, re-assessment, being, one of these processes, comes within the ambit of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990CriLJ1567
..... nature is punishable with imprisonment for life or with imprisonment for 10 years or fine and the minimum sentence prescribed for the same is seven years. the recent amendments made by criminal law (amendment) act 1983 in section 376 show that the present legislative policy is to view offences against women seriously.16. as for shri amarsingh's argument that amongst bhils there .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ393
..... acquisition. the state feeling aggrieved by the said determination preferred first appeal no. 141/80 before this court. in appeal the state filed an application for amendment of its reply filed before the reference court.another application was filed seeking permission to file documents to throw light upon the character of the right of ..... counsel for the respondents has also argued that once the state government has accepted the claimant as owner and taken steps under the provisions of land acquisition act to acquire his land the principles of waiver and estoppel would operate against the state government. mr. shrivastava has also tried to sustain the award by ..... that when the government instead of exercising the option as per the covenant and taking possession of demised land opted to acquire land under the land acquisition act the lessee is entitled to the compensation to the extent of his interest in the acquired lands, since the government by necessary implications, had recognised the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP180; 1960CriLJ914
..... dated 29-1-1958 by which he held that, in virtue of the powers conferred on him under section 30 of the code of criminal procedure prior to its amendment by section 6 of the cede of criminal procedure amendment act, 1955 (26 of 1955), he was competent to exorcise those powers in relation to a criminal case instituted after the ..... exercised under the new section.2 section 30 of the code of criminal procedure as it stood before it was amended by act 20 of 1935 was as follows:'in east punjab, delhi, oudh, the central provinces, coorg and assam, and in those parts of the other provinces in which ..... amendment came into force. the additional sessions judge, damoh, is of the view that the powers conferred under the un-amended section 30 of the. code of criminal procedure cannot be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1981]127ITR793(MP)
..... the individual, directly or indirectly on or after the 1st day of june, 1973, otherwise than for adequate consideration,......' 9. this sub-clause (v) was inserted by the taxation laws (amend.) act, 1975, and has come into effect from 1st april, 1976. the gifts in question are gifts made in 1958. apparently, this clause is not attracted ; and, therefore, it ..... the gift can be said to have been made by the assessee himself.8. section 4, sub-section (1), clause (a), sub-clause (v) of the w.t. act, provides that in computing the net wealth of the individual there shall be included even the assets standing in the name of the son's wife or the son's ..... )* the view taken by the tribunal had been upheld. in these two references, the question arose because of proceedings for reopening of assessment under section 17 of the act whereas in the reference in hand the question has arisen from the original assessment itself.7. the tribunal on the facts has held that although the amounts were standing in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT198
..... petitioners gave a representation dated 10-9-2001 to the state government seeking exemption from payment of stamp duty under section 9 of the indian stamp act, 1899 (as amended in madhya pradesh, for short 'the act'). such exemption was not granted. the petitioners, therefore, filed this petition for a declaration that article 35 (a) (v) and 35 (c) of schedule i-a ..... where the lessee may chose to pay high rent or premium than the property deserves. for example, if a shop is situated in a premium bazaar area and there is competition to secure the lease of such shop, to ensure that he gets the lease, a lessee may offer a higher premium and higher rent. similarly, if the owner of a ..... willing to pay a high rent and high premium, either keeping the potential of a premises, or the likely rise in the value of the premises, or to defeat the competition or to secure an advantage, can not have a grievance when it comes to payment of stamp duty on the lease, which is linked to the rent and the premium .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP342; [1962(5)FLR478]
..... (i) of clause (a) of sub-section (1) of section 3 were validated. this was done by inserting section 31 in the minimum wages act, 1948, by the minimum wages (amendment) act, 1954. this validation became necessary as originally under sub-clause (i) of clause (a) of sub-section (1) of section 3 the appropriate ..... , the first question that arises for consideration is as to the legislative competence of the state legislature to enact the minimum wages (madhya pradesh amendment and validation) act, 1961. this act is clearly a legislation with respect to matters enumerated in entry no. 24 in the concurrent, list and both parliament and the state legislature ..... invalid. 4. the notifications having been struck down by this court, the state legislature enacted the minimum wages (madhya pradesh amendment and validation) act, 1961. it is styled as 'an act further to amend the minimum wages act, 1948, (no. xi of 1948), in its application to the state of madhya pradesh and to validate fixation and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT270; 2006(1)MPLJ238
..... posts of draughtsman/architect officers. significantly, the qualification earlier prescribed for promotion, that is degree in architecture, was omitted by the 1991 amendment rules. before the amendment in 1991, it is stated that promotion from the posts of head draughtsman/draughtsman was to the posts of 'assistant engineer' and not ..... respect of building construction work provided that they do not style themselves as 'architects'. thus, as contrasted from the advocates act and the medical council act, the architects act merely provides for registration of 'architects' and matters connected therewith, and does not contain any prohibition against those who are ..... to posts for which the qualification of 'registered architect' is not prescribed. it shall also cease designating those who arc not registered architects under the architects act, 1972, as 'architects' or 'assistant architects', (ii) if the state government wants to continue the nomenclature of 'assistant architect' en 'architects', .....
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