Court : Madhya Pradesh
Reported in : (1994)IILLJ264MP; 1993(0)MPLJ419
..... ' notice in accordance with the said rules, as amended from time to time'. 5. central government standing counsel shri mittal, who appears for the respondents in both cases, has submitted, however, that even petitioner sushil kumar ..... rules, 1965. those not declared quasi-permanent under the said rules shall be continued as temporary government employees unless they claim discharge as per schedule to the act. those who are temporary shall be liable to discharge on one month's notice and those who are quasi-permanent shall be liable to discharge on three months ..... their enrolment. interestingly and indeed, admittedly, it is not, and cannot be, disputed that both petitioners were duly 'enrolled' as contemplated under the provisions of the act and the rules aforesaid. in the return, at para 3, in sushil kumar's case, it is stated that on verification being made of the forms, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996]219ITR373(MP)
..... family of the assessees to avoid taxability as separate property. 13. the date is material because sub-section (2) was inserted in section 64 of the income-tax act by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, stating that income from any property thrown into the common stock of the family after december 31, 1969, shall be deemed ..... to arise to the individual and not to the family. a similar amendment was incorporated in section 4 of the wealth-tax act by the insertion of sub-section (1a) by the finance (no. 2) act, 1971, with effect from april 1, 1972, providing for the consequence of conversion of the properties after december 31 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ821
..... . consequently, and in the result, in the opinion of this court the lower court did not commit any error in making the award dated 19-8-1988 as amended by the supplementary award dated 28-3-1989 rule of the court. there is only an error of expression in the judgment and decree passed by the lower court ..... parties to the said agreement for referring future disputes is contained in the award itself. it has also to be seen that there is no prohibition anywhere in the act to the effect that an award cannot contain any arbitration agreement for referring future disputes. in this regard vaidya harishankar laxmiram rajyaguru of rajkot v. pratapray harishankar rajyaguru ..... the present case is as to whether there was or not any arbitration agreement or reference to the arbitrators. under sub-section (a) of section 2 of the act only requirement for an 'arbitration agreement' being valid is that it should be in writing and that it should stipulate to submit present or future differences to arbitration. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(140)ELT18(MP)
..... to pay an amount of rs. 8,45,323.10 due to some mistaken interpretation of this amended notification. the petitioner submitted an application under section 11b of the central excises and salt act, 1944 (hereinafter to be referred to as the act) before the assistant collector of central excise, satna for refund of this duty. the plea of ..... price and, in arriving at assessable value, the element of excise duty paid at specific rate was being deducted from cum-duty price. as per the provisions of amended section 11b(2) the central excise duly paid and collected by the parties from the consumer is not refundable to the party but transferable to 'consumers welfare fund' ..... claim has been rejected by the impugned order on the ground that it had passed on the incidence of excise duty to the customers.5. the petitioner in the amended writ petition has assailed the standing order dated 7-8-1990 of the collector (internal audit) and the fresh order passed by the assistant collector, satna. according .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1990)DMC227
..... multiplicity of proceedings by denying respondent's claim for maintenance, even though on facts she is entitled to the claim. section 23a of the act, introduces by the marriage laws (amendment) act, 1976 indicates an intention to the contrary. in the statements of objects and reasons it was clearly and specifically stated that this provision was ..... and minarani v. dashrath, air 1963 cal. 428, these cases were, however, decided before 1976 amendment and therefore do not take into consideration the new legislative policy. in the context of the amendment and insertion of section 23a of the act, the view must be held to be obsolete. even otherwise this court in ravikumar v. manorama ..... v. ram chand, air 1979 p. and h. 206 and darshan singh v. mat. deso, air 1980 raj. 102, are decisions rendered subsequent to 1976 amendment and take the view earlier taken by bombay, orissa and gujrat high courts. according to these decisions, the expression 'pasing any decree' in section 25 means decree granting .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1990)DMC208
..... multiplicity of proceedings by denying respondent's claim for maintenance, even though on facts she is entitled to the claim. section 23a of the act, introduces by the marriage laws (amendment) act, 1976 indicates an intention to the contrary. in the statements of objects and reasons it was clearly and specifically stated that this provision was ..... and minarani v. dashrath, air 1963 cal. 428. these cases were, however, decided before 1976 amendment and therefore do not take into consideration the new legislative policy. in the context of the amendment and insertion of section 23a of the act, the view must be held to be obsolete. even otherwise this court in ravikumar v. manorama, ..... kaur v. ram chand, air 1979 p & h. 206 and darshan singh v. mst. desu, air 1980 raj. 102 are decisions rendered subsequent to 1976 amendment and take the view earlier taken by bombay, orissa and gujarat high courts. according to these decisions, the expression 'passing any decree' in section 25 means decree .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ440
..... before.3. during the pendency of the abovesaid proceedings the code of civil procedure underwent substantial changes by virtue of civil procedure code (amendment) act, 1976 (act no. 104 of 1976). the definition of 'decree' in section 2(2) was amended deleting sub-section (2) of section 47, civil procedure code with the effect of taking away the right of appeal from orders in ..... of abovesaid legal principles to the facts of the present case. it cannot be denied that different high courts were taking conflicting views on the effect of 1976 amendments on the right of appeal from orders in pending proceedings. so far as this court is concerned, the law was settled for the first time by a ..... in explaining the period lost between 29-4-1980 and 2-5-1980.5. the learned counsel for the appellants has submitted that in view of the recent amendments in the code of civil procedure, the appellants were advised in filing a revision before the high court and not an appeal before the district judge and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(1)MPHT253
..... of supreme court in air 1996 sc 2155 in the case of dhannalal v. d.p. vijayvargiya and ors. (supra), at page 2157 para 6.'the effect of the amending act is that w.e.f. 14-11-1994, there is no limitation for filing claims before the tribunal in respect of any accident. it can be said that parliament realised ..... against the construction suggested by the counsel for the applicant. it appears that the motor accidents claims tribunal can itself take cognizance of an accident. under section 158(6) of amendment act there is duty on the officer incharge of the police to give information received at the police station or to submit completed report of investigation within 30 days to the ..... do away with the period of limitation in all cases of motor accidents. the non-applicant no. 1 could take advantage of the deletion of section 166(3) by the amending act no. 54 of 1994 which came into force from 16-11-1994. it could not be argued by the applicant and non-applicant nos. 2 and 3 that section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2005)199CTR(MP)400; [2006]284ITR413(MP)
..... , the law as it stood prior to 1st april, 1989 will apply because the appeal filed before the cit(a) was prior to 1st april, 1989 amendment incorporated by direct tax laws (amendment) act, 1989 w.e.f. 1st april, 1989 in the proviso restricting applicability of proviso to only cases falling in clause (b).8. in our opinion, ..... of learned member of tribunal, since the assessee while filing the appeal before cit(a) had failed to comply (with) the reguirements of section 249(4) of the act and hence, cit(a) was in error in admitting the appeal and in consequence allowing the appeal. in other words, the tribunal held that since the assessee failed ..... return also had several defects. the ao called upon the assessee to cure the defects. eventually on 31st march, 1985 the ao completed the assessment under section 144 of it act. it is against this order of assessment, the assessee filed appeal to cit(a). in the appeal, the assessee raised several grounds including some preliminary objection about passing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPHT208; 2006(1)MPLJ604
..... in the written agreement. in reply to plaintiffs notice the defendants did not say so. even in the written statement the defendants did not say so. but thereafter they amended the written statement in 1996 and for the first time they said it accordingly. thus obviously, this was just an after thought. plaintiffs witness (p.w. 2) ..... his part of the contract there is no absence of requisite pleadings. thus, one can safely say that the substantive provision contained in section 16(c) of the act does not insist upon a particular set of words, the averment must, in substance, indicate the continuous readiness and willingness of the plaintiff to perform his part of ..... of improbability to displace its opinion as to where the credibility lies.20. it was argued that without filing tax clearance certificate under section 230a of the income tax act, transfer of property can not be effected. may it be true, but this is no ground refusing or allowing specific performance. in mahesh chandra gupta v. a. .....
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