Court : Madhya Pradesh
Reported in : AIR1960MP86
..... years land which he had broken up from waste.for various reasons, these objects could not be achieved by the new law which had to be amended within six years. under the amending act of 1889, sir rights could no longer be extinguished and new sir rights could only be acquired automatically by cultivation of waste land for six years ..... so far as to dispense with its basic condition and thereby make it nugatory.87. the term 'khudkasht' was not defined in the old c. p. land revenue act of 1881 or the amendment act of 1889. the amendment act of 1889 defined the term 'sir land', which included the land that was occupied by a proprietor at the commencement of that ..... the law which was in force at the time when the consolidating and amending act of 1917 was enacted.9. the relevant provisions of the law in force prior to the act of 1917 and the corresponding provisions made in act ii of 1917 are reproduced side by side.act of 1881act of 1917section 4-a (1).- subject to the provisions ofsub-section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP282
..... with law', article 31(1) which speaks of 'authority of law'' and sub-artide (2) which, as it stood then, spoke of 'any law.' though after amendment (fourth amendment of 1954) it mentions 'authority of law' -- articles 32 and articles 265 and 286.in all these places 'law' means ''state-made law'; now, there is no ..... adopted by government in accordance with the conditions of the grant or lease is without the authority of law. such grants are also governed by the bhopal tenancy act, which after enumerating the general provisions expressly enables the government to maks grants with special conditions in special circumstances. the argument, in fact, is that this ..... and if so, whether the extenuation pleaded by the petitioners could properly be considered in course of these proceedings. and finally,(v) while government was ostensibly acting in accordance with the conditions of the grant, is it really motivated by some ulterior purpose, such as its unwillingness to approve of the disposal of forest .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP225
..... but does not include a mortgage, hypothecation, charge or pledge; and the word 'purchase' shall be construed accordingly''.on 11th april, 1949, the explanation (ii) was amended by the madhya pradesh act no. xvi of 1949. it was challenged as ultra vires, and in shriman gulabdas v. board of revenue, air 1952 nag 378, it was held to be ..... of m.p., 1954 scr 1122 : (air 1954 sc 403) the supreme court upheld this decision. the result, therefore, was that the second or amended explanation ii to section 2(g) of the act was obliterated from the statute book, bringing into operation the original or the first explanation (ii).35. this first explanation (ii) was based on the ..... so, as, in the first place, it offended against section 107 of the government of india act because the consent of the governor-general had not been obtained for the amendment, and, secondly, because sales 'tax could be collected only by the state where the goods wore actually delivered for consumption and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP249
..... of declaration separately.8. in the result, the petition for revision is allowed. the order of the trial court directing the plaintiffs to implead the state government and to amend their plaint so as to include a relief fordeclaration is set aside. the court shall now proceed with the trial of the suit in accordance withlaw. the costs of ..... trial court has stated that the plaintiffs wanted to declare the notices given by the defendant as illegal and mala 'fide and has directed that the plaintiffs must now amend the plaint and seek proper relief of declaration and pay court-fees accordingly. once again it is not for the court to direct how the plaintiff should frame his ..... to be paid on both; but if the relief for injunction follows from the relief of declaration, the case falls under section 7(iv) (c) of the court-fees act and the court-fee' is payable only on the consequential relief. inthe decision relied upon, the question whether the plaintiff is bound to ask for a relief of declaration .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP273
..... bye-laws proposed by the society, he is satisfied that the bye-laws are not opposed either to the act or to the rules made thereunder. section 11 of the act prescribes a special procedure for amendment of the bye-laws. the amendment is required to be registered under section 11. section 43 deals with the power of the government to make ..... bye-laws are or are not contrary to the act or to the rules made thereunder, all indicate that bye-laws are not a ..... in the official gazette, shall have effect as if enacted in the act. the provisions about the application for registration of a society being accompanied by a copy of the proposed bye-laws of the society, about the amendment of the bye-laws and the registration of the amendments, and about the scrutiny by the registrar for seeing whether the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP307; [1960(1)FLR326]; (1960)IILLJ543MP
..... a brief account of things which led to the promulgation of ordinance no. iv of 1957 with retrospective effect and subsequent passing of the industrial disputes (amendment) act enacting section 25fff.11. exact scope and constitutional validity of section 25f came to be considered before the bombay high court in (s) air 1955 bom ..... meaning which is in tune with the general scheme and object of the act.13. second line of attack was on the ground that the provision was contrary ..... down in the absence of any specific provision to that effect in the act itself. such a specific provision, it was said, cannot be imported by the apparently extended definition of the term 'retrenchment' as introduced by the industrial disputes (amendment) act no. xliii of 1953. that definition is quite consistent with the narrower .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP253
..... contention is that rule 31 of the evacuee property rules is itself ultra vires of section 26 of the administration of evacuee property act (31 of 1950) as it stood before the amendment of 1956 (by act no. 91 of 1956).2. strangely enough the petitioner has not impleaded the custodian from whose order on the petition for review ..... provided that such review applications should he filed within thirty clays. as the rule stood originally, section 5 of the limitation act was applicable to these proceedings. it is not necessary to consider the effect of the amendment of the rule, dropping sub-rule (7), because the petitioner did not try to satisfy the custodian that he had ..... sufficient cause, nor has he alleged here that his application should have been entertained on account of the benefit he derives from s. 5 or 12 of the limitation act. his contention is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP184
..... the section as it stood prior to the amending act 25 of 1953 was as under:'no order of assessment under section 23 to which clause (c) of sub-section (1) of section 28 applies or of assessment ..... provided in the second proviso to sub-section (3) of section 34 referred to above. we would, therefore, overrule this objection.'4. since section 34 of the act has been amended from time to time, it is necessary to set out the relevant provisions of that section relating to limitation, which admittedly govern this case. sub-section (3) of ..... cancelled. thereupon, on 22 december 1953, the appeal was dismissed as infructuous. in due course, a fresh assessment in accordance with the provisions of section 23 of the act was made on 17 november 1954 and the taxable income was determined to be rs. 45,000/-.3. in the appeal filed before the appellate assistant commissioner, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1960]39ITR137(MP)
..... of the section as it stood prior to the amending act 25 of 1953, was as under :'no order of assessment under section 23 to which clause (c) of sub-section (1) of section 28 applies or of ..... expressly provided in the second proviso to sub-section (3) of section 34 referred to above. we would, therefore, overrule this objection.'since section 34 of the act has been amended from time to time, it is necessary to set out the relevant provisions of that section relating to limitation, which admittedly govern this case. sub-section (3) ..... . thereupon, on december 22, 1953, the appeal was dismissed as infructuous. in due course, a fresh assessment in accordance with the provisions of section 23 of the act was made on november 17, 1954, and the taxable income was determined to be rs. 45,000.in the appeal filed before the appellate assistant commissioner, the petitioner .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP30
..... . custodian was not duly appointed.(2) no notice could have been issued by the asstt. custodian on 9-3-1955 in view of the provisions of administration of evacuee property amendment act no. 42 of 1954.(3) no declaration could have been made on any ground except those mentioned in section 7a after 7-5-1954.3. as regards grounds nos. 1 ..... be evacuee property.it has been argued that kurban hussain's case is covered by section 2(d)(ii) of the administration of evacuee property act, 1950, but the same having been deleted by virtue of amendment act, 1954, it was illegal to declare his property to be evacuee property.to my mind this construction does not stand to reason. firstly i have .....
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