Court : Madhya Pradesh
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
..... (no. 1 of 1951) and madhya bharat land revenue and tenancy act, samvat 2007, etc.8. it was in the aforesaid view of the matter that act no. 20 of 1959, i.e. the madhya pradesh land revenue code, 1959 was enacted and was brought into force to consolidate and amend the law relating to the land revenue, the powers of the revenue ..... consists of those persons specified in section 158 (3) of the code which fall in the category of government lessees before the enforcement of the madhya pradesh land revenue code amendment act, 1992. the third category of bhumiswamis consists of those persons which are contemplated under section 158 (3) (ii) of the code. the bhumiswami right contemplated in favour of such ..... 10. it would not be out of place to mention here that now by insertion of rule 3-b in order 9 of the c.p.c. by m.p. amending act 29 of 1984 in every civil suit or proceedings in respect of any agricultural land, it has been provided to add state govt. as a party and, therefore, the interest .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(53)ECC6; 1997(94)ELT68(MP)
..... to the value of rs. 17.5 lakhs were to be charged duty at 75% of such duty, by notification no. 83/83, dated 1-3-1983 as amended by notification no. 133/83, dated 24-4-1983. it is alleged that since the petitioner was not aware of the above notification, petitioner paid duty on its products ..... has bonafidely paid the duty more than the duty prescribed for manufacture of products; but the claim petition filed by him is beyond the period of six months under the act; therefore, the asstt. collector, central excise division, was well justified in rejecting their time barred claim petition. even apart from that, the entire excess duty realised by ..... by the asstt. collector, central excise division, ratlam, on 18-7-1985, being barred by limitation of six months as envisaged in section 11b of the central excise act, 1944. aggrieved against this order, the petitioner has filed this present petition before this court.3. smt. nair learned counsel for the respondents has raised the objection that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(2)MPHT341
..... m.p. financial corporation filed a complaint under section 138 of the negotiable instrument act (for short 'the act') read with section 4 of banking public financial institutions and negotiable instrument laws. (amendment) act, 1988 (66 of 1988) companies act (for short 'the companies act') and section 420 read with section 109 of the ipc alleging that the complainant ..... /2002 against the present petitioner are hereby quashed.12. the proceedings are being quashed against the petitioner on the assumption that notice under section 138 of the act has not been served upon them. in case the respondent satisfies the trial court that notice was issued to present petitioner also in terms of section 138 ..... filed this petition for quashing the proceedings before cjm, sagar on the ground that one of the essential ingredients of the offence under section 138 of the act is that the payee of the cheque should make a demand for the payment of the amount of the cheque by giving a notice in writing to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP117; 2004(1)MPLJ285
..... or any authority or body incorporated by or under any law for the time being in force shall be the value shown in the instrument.(m.p. act viii of 1975; amended by m.p. act no. 24 of 1990).'7. in jawajee nagnatham v. revenue divisional officer, adilabad. a.p. jt 1994 (2) sc 604 : (1994) 4 scc 595 : ..... list iii. concurrent list of the seventh schedule read with article 254 of the constitution empowers the state legislature to amend the indian stamp act, 1899. in exercise thereof all the state legislatures including the legislature of a.p. amended the act and enacted section 47-a empowering the registering officer to levy stamp duty on instruments of conveyance, etc., if ..... extenso in the context of the power of the state under section 47-a of the stamp act to fix the basic valuation for stamp duty. after elaborate survey of the amendment made by the state legislature by local amendment to the stamp act under section 47-a, this court had held that the market value shall be determined only on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP85; 1973MPLJ929
..... well. 4. the state government, vide notification no. 7991-3349-xxx-(i)-72 dated the 5th september 1972, published in the gazette dated the 8th september, 1972, amended the definition of 'cattle fodder' and excluded oil-cakes and cottonseeds from the definition. thus the restriction on the export of oil-cakes and cotton-seeds was lifted. ..... clearly goes to show that although powers were delegated to the state government, but in regard to orders under section 3(2)(d) of the essential commodities act the state government was not authorized to issue any order (i) in affect inter-state transport or distribution (2) or to affect prejudicially such transport or distribution ..... of the president.' in view of the specific language used in article 304 and also of the fact that while issuing the impugned order the state government acted under the delegated powers and did not enact anything in exercise of its legislative functions, the objection about article 304 of the constitution could not be raised .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP67; 1958CriLJ384
..... section 196 of the code. this has the effect of automatically inserting the words. no other step is required to complete the process of amendment. the act and the code both are central acts and section 138 amends the code straightaway. 4. in order to avoid confusion in the future, i would like to state that the law as it stands ..... today is that after the amendment effected by section 138 of the representation of people act (1951) in section 196 criminal procedure code, no order of the government is now required for instituting prosecution under section 171 p, indian penal code, ..... his view by the opinion of some commentator, who said that along with the direction contained in section 138 of the act, it was also necessary to amend section 196 of the code, and that as no such amendment in the code was made, section 196 remained unchanged. in putting this view, it has been overlooked that section 138 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2003(96)FLR421]; 2001(1)MPHT481
..... pay entertainment tax at the enhanced monthly rate of rs. 3,937/- in place of rs. 1,687/- on the strength of an amendment made on 1-4-1991 in the m.p. entertainment duty and advertisements tax act, 1936. facts of the case lie in a narrow compass.2. petitioner is having his v.c.r. parlour in a village-gogawa ..... total sum of rs. 750/- by way of tax for exhibition of films in his video parlour. petitioner was accordingly paying the said tax. in the year 1991, the state amended the table appended to section 3 of the act and increased the rates of tax payable by person engaged in the business of exhibition of films on vcr. the ..... heard the learned counsel for the parties and having examined the issue in the context of the scheme of the act, i find no merit in this petition. in my opinion, the word cinema used in note a and b to the amendment includes permanent as also touring cinema. this becomes clear when one reads the definition of the word cinema in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT229; 2001(2)MPLJ477
..... powers and responsibility of the panchayats.3. the basic relief sought by the petitioners is that the amending act, 2001, may be declared ultra-vires, being vague and in conflict with the provisions of unamended act with no object sought to be achieved being patently illegal and likely to hamper the activity of ..... panchayat, karanj, janpad panchayat - tarana, district ujjain, while the petitioner 2 is a resident of gram panchayat karanj (ujjain). they are aggrieved by this amendment, particularly sections 6, 7, 7-a to 7-l and the schedule to the panchayat (sanshodhan) adhiniyam, 2001. reference to the averments contained in the ..... madhya pradesh panchayal raj adhiniyam, 1993, has been amended by the 'madhya pradesh panchayat raj (sanshodhan) adhiniyam, 2001' (act no. 3/2001), published in m.p. rajpatra (asadharan), dated january 22,2001. the statement of objects and reasons mentions the object which necessitated this amendment. it is to ensure comprehensive development of villages through .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT292
..... and 2 of the code of civil procedure are required to be considered. in order xxxix rule 2 (2), the proviso has been inserted by madhya pradesh state amendment act (no. 29 of 1984) dated 14-8-1984. the proviso is reproduced below:--'provided that no such injunction shall be granted- (a) where no perpetual injunction ..... societies affiliated to it for agriculture, industrial and other allied purposes.' the act has also defined 'company' in section 2 (c-iii). the societies are registered under section 9 of the act by the registrar of the societies. the registrar is empowered to direct amendment in bye-laws of the societies. all the co-operative societies constituted ..... under the act are under the control of the registrar. under section 49-c of the act the government has power to give directions to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991CriLJ1314
..... have been rejected vide order dated 19-1-89. a copy of that order has been annexed to the return as annexure r-i. the petition was consequently amended to challenge this order as well.2. after hearing learned counsel for the petitioner as also the government advocate, we are of opinion that this petition must be ..... or refusing to grant licence, even if no report is received from the officer-in-charge of the nearest police station within the prescribed time. section 14 of the act provides that the licensing authority shall refuse to grant licence notwithstanding anything contained in section 13, under certain circumstances mentioned in clauses (a) and (b) of sub-section ..... with this communication of refusal to renew the licence, the licensing authority is further obliged to inform the licensee that in terms of section 21(1) of the act, he (licensee) is required to deposit the arms and ammunition covered by the licence, either with the officer-in-charge of the nearest police station or with a .....
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