Court : Madhya Pradesh
Reported in : [2001]123STC360(MP)
..... consideration is whether all or any of the causes shown by the petitioner falls within the explanation appended to clause (vi)(a) referred supra?15. the question whether amendment has its application to the case of the petitioner need not be decided because, firstly, the application was not rejected by the state on this ground and secondly ..... city) was within the control of the petitioner. it is an action to which the petitioner or to say any individual has no control. it is an act on the part of state to decide depending upon the law and order situation whether curfew in any particular locality/ area in the city should be imposed or ..... it is registered as dealer under the provisions of state sales tax laws.3. in exercise of powers conferred under section 12 of the madhya pradesh general sales tax act (since repealed) the state has issued exemption notification exempting certain specified categories of goods on fulfilment of certain conditions specified therein from payment of sales tax. in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT178; 2001(2)MPLJ202
..... against the present applicant.3. shri jaisingh submitted that in view of all these things and provisions of section 49-b and provisions of m.p. excise (amendment) act, 2000, section 34 of the excise act, the applicant would be entitled to get the bail and therefore, he be released on bail.4. shri g. desai counsel appearing for the prosecution objected to ..... only for the purpose of getting exonerated from the liability of being punished. he submitted that the bail application be dismissed.6. section 59-a of the m.p. excise (amendment) act, 2000 (hereinafter referred to as 'the amending act' for convenience) provides notwithstanding anything contained in the code of criminal procedure, 1973 (no. 2 of 1974) or section 59 of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP51
..... petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1976, the consent of such guardian was obtained by force or by fraud as to the value of the ceremony or as to any material fact or circumstance concerned the ..... of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.9. it is worth noting here that the marriage laws (amendment) act 1976 has modi fled the clause by inserting the words 'as to any material fact or circumstance concerning the respondent. after the ..... decision rendered in the case of smt. asha srivastava v. r.k. srivastava air 1981 delhi 253, wherein the delhi high court has expressed the view as under :after the amendment of section 12(1)(c) the emphasis cannot be laid only regarding the nature of ceremony or factum of marriage but in case there is a deception as to any .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ397
..... to the rising inflation and devaluation of money value, no reduction on account of lump sum payment is called for.11. even the new motor vehicles act, 1988 as amended by amendment act 54 of 1994 now recognizes this principle that no deduction should be made on account of lump sum payment and uncertainty of life. by way of ..... it is true that the accident in question had taken place prior to the coming into force of the motor vehicles act, 1988 and the amendment act 54 of 1994, nevertheless, guidelines can be taken from the provisions of this act of 1988 in the matter of ascertaining the dependency as also the multiplier. taking into consideration the aforesaid provisions, the ..... amendment act 54 of 1994 new sections 163a and 163b and iind schedule have been added for the purposes of calculating compensation by applying multiplier method. no provision is, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ436
..... appellants before them were not precluded from raising in the supreme court the question of the availability of section 28 of the original thika tenancy act to the tenants, the supreme court nowhere said in that decision that the view taken by the calcutta high court that the landlords could ..... binding on this court in this second appeal, if the law in the meanwhile has not changed. by amendment of 1976 in the code of civil procedure new provisions have been added. section 11 of the code of civil procedure is also ..... amended. it is open to a party to argue that the decision of a court of limited jurisdiction in view of ..... in this argument. the landlord must be the owner of the alternative accommodation. this is the plain language of section 12(1)(e) of the act. the decision in the case of brijbhushan, brij bhushan v. s. s. motilal (supra) does not help the appellant as it related to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP137; II(2004)DMC398; 2004(2)MPHT132; 2004(2)MPLJ87
..... question to be decided is whether a revision against such order is maintainable in view of amended proviso to section 115 of the code of civil procedure ('code' for short) as inserted by code of civil procedure (amendment) act, 1999, which came into force on 1-7-2002, which reads as follows :--'provided that the high court shall not, under this ..... it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.'3. thus, no revision lies under the amended proviso of the code against interlocutory orders. test of order being 'interlocutory' has been if it had been made in favour of the party, applying for the revision, ..... m.p.h.t. 5 (noc)] against an order passed under sections 23(2) and 24 of the act was entertained by a single judge even after amendment, but in that case no question as to the applicability of amended proviso to section 115 of the code of civil procedure was raised and the plaint remained sub silentio. the learned .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(2)MPHT188
..... which, it can be presumed that there is no bona fide requirement ? (iii) whether the evidence led by the appellant in respect of alternative accommodation is in accord with the amendment made in paragraph 5-a of the plaint stating that the alternative accommodation belonged to chandra kumar exclusively ? (iv) whether the lower appellate court failed to see that in absence ..... the aforesaid shop, plaintiff has let it out. on the contrary, if the plaintiffs grand-son has started his business in the said shop, then this is not a malafide act on his part. even if the part of the explanation of plaintiff in para 5-a of the plaint is not proved, then other part of the contention is proved ..... in courts below (if already not deposited) within a period of 30 days and will continue to pay rent as required under section 13 of the m.p. accommodation control act. in case of default by the appellant, respondent will be entitled to execute the decree forthwith.
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP117
..... which remained in force for four years, provided for the first time for registration of money-lenders and matters incidental thereto. thereafter, by the central provinces money-lenders (amendment) act, 1940 (xiv of 1940), sections 11-a to 11-i were inserted, by section 11-b, every person, who carries on or intends to carry on the ..... public or a class of persons, that is, to protect the public from claims for services by unqualified persons or to protect licensed persons from competition.'7. lord halsbury has summed up the law m these words :'where a penalty is imposed by statute upon any person who does a particular ..... 'whereas it is expedient to make better provision for the regulation and control of money-lending;'the amending acts of 1936 and 1940, which introduced the provisions for their registration, have short colourless preambles indicating that it was necessary to amend the act 'in the manner hereinafter appearing' or 'for the purposes hereinafter appearing'. they throw no light on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP276; 1987MPLJ710
..... is not a 'tenant', even then, he must be such a person who derives his title under a 'landlord'. there is no doubt that when the act was amended and the privileged class of landlords envisaged under section 23-j came into existence for the first time in virtue of the provisions of the madhya pradesh accommodation ..... control (amendment) ordinance, 1985, there was no dilution of the crucial requirement that the new class of landlords can claim recovery of possession of such premises which had ..... its pedigree to winifred's case (air 1984 sc 458 : 1985 mprcj 107, on which account supreme primacy must attach to its holding derived therefrom that the act conferred 'benefit only on those retired persons who were landlords while in service and availed the benefit after retirement in respect of a tenancy subsisting during his service.' .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP365
..... , electric energy in its own power house. it has been taxed to electricity duty under section 3 of the central provinces and berar electricity duty act of 1949 as amended by the madhya pradesh taxation laws amendment act, 1956 (act vii of 1956 chap iv). it has prayed that a proper writ or direction should be granted declaring the electricity duty ..... the present instance there are respectively the section 3 proper, and the table appended to that section.5. the point to note is that under the amended act it is not merely 'a distributor' that is liable, but a producer also. to make the matter still clearer the statute has defined 'producer' as one ..... call it 'residuary', simply because the actual legislation taxing consumption is a novelty. i, therefore, find that the state legislature is therefore competent to enact the amendments contained in the madhya pradesh taxation laws amendment act, 1956 (act vii of 1956).8. the application is accordingly dismissed summarily.khan, j.9. i agree.
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