Court : Madhya Pradesh
Reported in : 2006(4)MPLJ403
..... 1973. at this juncture it would be appropriate to refer to the 'memorandum of association' and 'bye-laws' of the petitioner's society.23. the amended memorandum of association annexure r/1 indicates that the maharaja jiwaji rao education society has been established with the object of administering and managing the funds which ..... by irrelevant considerations, must not seek to promote purposes alien to the letter or to the spirit of the legislation that gives it power to act, and must not act arbitrarily and capriciously. these several principles can conveniently be grouped in two main categories:(i) failure to exercise a discretion, and (ii) excess ..... or the state government, as the state government may, by notification, spoecify;(v) a non-trading corporation formed and registered under the madhya pradesh non-trading corporation act, 1962 (no. 20 of 1962) or deemed to have been registered thereunder;(emphasis supplied)22. a perusal of the definition of the 'institute' appearing in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP11; [1964]15STC841(MP)
..... transactions.5. the question of the applicability of article 286 to a part-c state arises under article 264 of the constitution, as it stood before it was amended by the constitution (seventh amendment) act, 1956. clause (b) of that article, which is material here, was in the following terms-'264. in this part, unless the context otherwise requires-- ( ..... governor-general of the dominion of india, in the exercise of his powers under article 392(3) of the constitution, promulgated on 25th january 1950 the constitution (amendment of the first and fourth schedules) order, 1950, by which the state of vindhya pradesh was transferred from the category of part-b states to part-c ..... is thus plain from the principles stated above that in determining the question whether the context requires that the word 'state', used in article 286 before it was amended in 1955, should be read 'otherwise' than as indicated in article 264(b), the subject-matter of article 264 and its object cannot be ignored. now, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1995MP140; 1995(0)MPLJ681
..... is not voluntary or genuine, he shall not accept such resigantion. it may be useful to refer to article 190(3)(b) as it existed before it was amended by the 33rd amendment act, 1974. the unamended provision read as follows:'190(3)(b) -- if a member of a house of the legislature of a state ******** resigns his seat by ..... writing under his handaddressed to the speaker or the chairman asthe case may be, his seat shall thereuponbecome vacate.' this clause was amended to clarify that the seat shall become ..... seat vacant. with respect, we agree that resignation to be effective to be accepted. the seat could not be . regarded as vacant unless the resignation is accepted. the amendment to section 190(3)(b) is clearly clarificatory in nature.20. there was acceptance in this case as we have already held. we do not think an enquiry is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP273
..... the learned judges of the andhra pradesh high court accepted the contention of the respondent before; them that the addition of proviso to section 83(1) by the amending act of 1961 was 'a purposeful addition'. but the observations which they made for emphasizing the importance of the verification of an election petition under section 83 (1) ..... the requirement of its being in the prescribed form. is not of the essence and is directory. before the amending act 27 of 1956, for non-compliance with the provisions of section 83, the penalty provided in the act was dismissal of the application by the election commissioner under section 85 or by the election tribunal under section 90 ..... (3) of the act. but no such consequence is provided in the act as stands now after the amendment of 1956. it is, therefore, clear that even for the non-filing of the affidavit along with the election petition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(4)MPHT252
..... under section 423 read with section 133 of the act has made rules for determination of the annual letting value of the lands and buildings. the rules are called as m.p. municipalities (determination of annual letting value of buildings/lands) rules, 1997. rules have been amended time to time. rule 6 of the rules ..... approved the reduced rate of property tax and education surcharge.10. it is further case of the respondents that education cess has been imposed pursuant to 74th amendment of constitution as corporation is responsible to manage and maintain all the government schools situated within its local area. the public duty requires substantial recurring expenditure. ..... the resolution. the objects raised have been taken into consideration and decided and rates reduced. the mayor-in-council has not exceeded the jurisdiction and has acted within the purview of the powers conferred on it under the statutory provisions. education cess has rightly been imposed by the corporation as it is a duty .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(3)MPHT172
..... cancelled. it is also directed to indore development authority that the appropriate decision shall be taken keeping in view the government's directions/suggestions dated 11-8-95, amended letter 30-9-95 and parties consent dated 17-7-96 on ida's letter dated 12-7-96 and report compliance to hon'ble high court and ..... 261 (sundarjas kanyalal bhathija and ors. v. the collector, thane, maharashtra and ors.), it is held that:'we may only observe that the government is expected to act and must act in a way which would make it consistent with the good administration. it is they, and no one else - who must pass judgment on this matter.' true ..... the state government has the authority to modify the scheme under the aforesaid 'adhiniyam' and release of land would come within the said power and, therefore, the act of the petitioner cannot make him liable for prosecution and hence the fir as well as consequential investigation thereof incur the liability of quashment.6. resisting the aforesaid submission .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT288
..... and sunderlal v. paramsukhdas, air 1968 sc 365). this principle has been introduced in section 115 of the civil procedure code by means of sub-section (2) incorporated by amendment act no. 110 of 1976. sub-section (2), states that the high court shall not under this section vary or reverse any decree or order against which an appeal ..... appeal filed by the insurer is not competent, it may not be dismissed as such. the tortfeasor can proceed with the appeal after the cause-title is suitably amended by deleting the name of the insurer.'thereafter, in paragraph 10, the apex court said :'para 10 : there is no dispute with the proposition so laid by ..... required to flow the procedure prescribed under the code of civil procedure in that regard. it is obviously an essential attribute of the claims tribunal that it acts judicially and exercises civil jurisdiction in deciding claims relating to civil wrongs and civil liability of tortfeasors and liability also of insurer, arising out of statutory and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP232; 1965MPLJ473
..... renewal of permits; and that the validity of rule 55 was in no way affected by the substitution of a new clause (g) in section 68(2) by the amendment act of 1956. learned government advocate frankly and rightly conceded that under clause (d) of rule 55 the petitioner could be asked to pay a permit fee only for one region ..... to be paid in respect of permits, duplicate permits, plates and badges 'that for this clause a new clause (g) was substituted by section 61 of the motor vehicles (amendment) act, 1950 (act 100 of 1956) in the following terms: 'the fees to be paid in respect of applications for permits, duplicate permits and plates;' that after this ..... which it allows the use or occupation whether by allowing a projection thereon or otherwise. sections 293 (1) and 298 (2) (j) (d) of the united provinces municipalities act. 1916, as amended at the time they were extended to the town areas in the united provinces do not empower the town area committee in make any bye-law authorising it to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ2024; 2002(3)MPHT488; 2002(4)MPLJ132
..... time which has been rejected by the tribunal or the high court, the claimant does not challenge the same and allows the said judicial order to become final. the aforesaid amending act shall be of no help to such claimant. the reason being that a judicial order saying that such petition of claim was barred by limitation has attained finality. but the ..... same. if he had not filed any petition for claim till 14-11-1994, in respect of the accident which took place on 4-12-1990, in view of the amending act he became entitled to file such claim petition, the period of limitation having been deleted, the claim petition which has been filed and is being pursued up to this court ..... (supra) has observed :-- '7. in this background now it has to be examined as to what is the effect of omission of sub-section (3) of section 166 of the act. from the amending act it does not appear that the said sub-section (3) has been deleted retrospectively. but at the same time, there is nothing in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP167
..... pleas a. b and c, are fully covered under this clause. it is not in dispute that none of the aforesaid ^rounds are covered by the election petition and an amendment sought to that effect has been refused by my order dated 8-7-1971.20. now the question that arises is whether the respondent no. 6 could be allowed to ..... number, viz.(i) the election was rigged with ingenious devices, i.e. the ballot paper was subject to chemical treatment and the election deserved to be set aside.(ii) the amendment of old rule 56 of the conduct of election rules, 1961, is ultra vires and that had materially affected the result of the election, and(iii) the illegal reservation of ..... affected the result of the election?(14) did the allegation made in para b of the additional pleas regarding the amended rule 56 of the conduct of election rules 1971. is covered under section 100(d)(iv) of the r p. act. and if so. what is its effect?(15) did an allegation made by respondent no. 6 in para c of .....
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