Court : Madhya Pradesh
Reported in : (2000)159CTR(MP)53
..... dated 28-9-1987, and also for the wealth-tax by the asstt. cwt, additional circle, bhopal under section 16(3) of the wealth tax act, 1957, (for brevity, hereinafter referred to as the wealth act) for the assessment years 1981-82, 1982-83, 1983-84, 1984-85, 1985-86, 1986-87, 1987-88, 1988-89, 1989-90, 1990 ..... investigation and prosecution and the said criminal case, however, did not direct or permit for reopening of the closed chapter of finalised assessment or for making an investigation enquiry blindly under section 131(1-a) of the act in relation to the matter in respect of which, as stated above, assessment was completed long back and as ..... including the allegations about the investment of unaccounted money were considered by the inspecting assistant commissioner on a reference from income tax officer under section 144a of the act which were found false and finding was recorded that there was no truth in the allegations against the assessee that he has acquired huge assets out of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ629
..... made in this behalf in consultation with the comptroller and auditor general of india which are to be placed by the state government before the state legislature. chapter vi deals with miscellaneous. section 75 casts a duty on the board that after the end of each financial year to submit to the state government in ..... government was carrying on the activity of supply of electricity. the board was constituted after the dissolution of the old m. p. electricity board on 1-4-1957. the board took over all the assets and liabilities of the integrating units of the madhya pradesh, vindhya pradesh, bhopal and madhya bharat etc. which merged after ..... petitioner madhya pradesh electricity board (for short the 'board') is a statutory body corporate constituted and established under section 5 of the electricity (supply) act, 1948 (for short the 'act of 1948'). the respondent no. 2 is an engineering company who carries on civil construction work. an agreement of construction of 45 meter high masonry-cum .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
..... required to determine the meaning of the term as lined in clause 12 of letters patent having regard to the provisions contained in the high court rules chapter 7 rule 1 and chapter 13 rules 1 and 14. the decision therefore cannot be an authority for the proposition that any civil proceeding will become a suit for the purpose of ..... and are being disposed of by this common judgment. 4. the facts which are material for consideration of these appeals are few and simple. 5. on 23-2-1957 an agreement of reference was entered into between nawab usmanali khan, nawab of jaora state and sagarmal bheraji also of jaora whereby both the parties agreed to refer the dispute ..... resulted in a judgment and decree on the basis of an award. 2. appeal no. 81 of 1957 is against the order refusing to set aside the award. the appeal was preferred under section 39 of the arbitration act. appeal no. 82 of 1957 is directed against the order recording the compromise between the parties after the award had been filed in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP168
..... the settling of issues. this contention of the learned counsel is a little late in the day because the supreme court in harish chandra v. trilokl singh (s) air 1957 sc 444 (g) has ruled that the word 'trial' in section 90(1) covers the entire period from the first seisin of the election petition by the tribunal to ..... this petition by one shri hari vishnu kamath is directed against an order passed by the election tribunal, jabalpur, presided over by shri m.v. bhide, on 12-8-1957, in an election petition filed by the petitioner to question the election of shri. maganlal bagdi, the second respondent in the case.2. the matter arises out of an ..... the main contentions of the parties centre round the effect of the amendments which have been made in the act by the amending act of 1956. these amendments are of a far-reaching character and have been made in various parts of the chapter dealing with the trial of election petitions. the total effect, therefore, of these amendments has to be worked .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP93
..... been referred for the opinion of the full bench by a division bench of this court in letters patent appeal no. 95 of 1957: '1. whether, on a proper interpretation of the word 'immediately' in rule 10 chapter 4 of the high court rules, an application for leave to appeal made sometime after the judgment is delivered can be entertained ..... letters patent power has been given to the high court 'to make rules and orders for regulating the practice of the court'. acting on thig power, the high court has framed rule 10 contained in 'chapter iv of the rules of the madhya pradesh high court which is as follows:'an application for leave to appeal under clause 10 ..... and on law. the supreme court negatived this contention by pointing out that the judgment ot the federal court, which dealt with section 205 of the government of india act, 1935, covering a different subject and using a different language, was not applicable. the scope of the powers of the federal court in the matter of interference with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP224
..... to it under section 86 until the pronouncement of the award.it is to be noticed that ss. 86 to 107 of the act are included in chapter hi ibid. it is a cannon of interpretation that the same word should, as far as possible, be given the same meaning, unless the context otherwise requires, ..... after the election petition is made over to the tribunal for trial is relevant. their lordships in conclusion stated that, in their opinion, the provisions cf chapter iii of part vi of the act read as a whole clearly showed that 'trial1 was used as meaning the entire proceedings before the tribunal from the time when the petition was transferred ..... is derived from the third sub-section of section 90 of the act, but it is exercised under section 98 of the act.7. there is a detailed examination of chapter iii of part vi of the act by their lord-ships of the supreme court in harishchandra v. triloki singh, (s) air 1957 sc 444 (a). no doubt, their lordships of the supreme .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP58
..... be awaited. this letter, apparently, did not reach in time for the returning officer to withhold corrections, because on 19th march, corrections were made. on 20/21 march, 1957 the returning officer wrote a d. o, letter (ex. p-94) to the chief electoral officer saying that 'arithmetical errors' had already been corrected but copies of ..... were not given because the chief electoral officer was addressed a letter by the returning officer on the subject. in memorandum no. 1310/election dated 8th march, 1957 (ex. 92) the returning officer addressed the chief electoral officer and expressed his own opinion about the withholding of the copies of the ballot paper accounts of ..... in which the tribunal is situated. (2) the high court shall, subject to the provisions of this act, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this chapter as if the appeal were an appeal from an original decree passed by a civil court situated within the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP226
..... and overruled, it is obvious that the ruling to consider is not the earlier one but the later one. in the later ruling their lordships were considering the effect of chapter iii of the act, and they were examining the meaning of the word 'trial' as used therein.their lordships considered all the relevant sections of that ..... order under section 90 3. we pointed out on the authority of a decision of their lordships of the supreme court reported in harish chandra v. triloki singh, (s) air 1957 sc 444 (b), that the trial of an election petition commences when the election petition is made over to the tribunal for trial.shri pabir contended that that ruling was ..... mentioned in section 116a and not the third sub-section of section 90.5. we held in gulsher ahmad v. election tribunal, chhatarpur, misc. petn. no 189 or 1957, d/- 23-1-1958: (air 1958 madh pra 224) (a) that an order passed under section 90 (3) must also be deemed to be an order passed under section 98 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1971MP59; 1970MPLJ937
..... claims officer to fix priority amongst secured creditors. the material sections 26, 27, 28 and 33 must now be reproduced.'26. the compensation payable to the proprietor under chapter iii shall be distributed between the secured creditors in the order of their priority and if there are more than one such creditors holding the same order of priority, it ..... all encumbrances. section 4 enacts the consequence of vesting. in section 17, the expressions 'secured debt', 'secured claim' and 'excluded debt' are defined as follows :--'17. in this chapter(a) 'secured debt' or 'secured claim' means a debt or claim subsisting on the date of vesting, whether due or not due, and secured by the mortgage of or ..... a. o. p. r. act, but section 33 did not come in his way if he wanted to enforce his rights otherwise. the respondents relied on sheodeen v. jamshed, 1957 mplj 808. in that case, during the pendency of the suit for the recovery of damages for breach of a contract, a charge was created by the defendant .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP23
..... singh, (s) air 195/ 3c 444 their lordships exhaustively considered the meaning of the word 'trial'. their lordships in that case examined in detail the provisions of chapter 111 of part vi of the act and laid down that the word 'trial' was used as meaning the entire proceedings before the tribunal when the petition was transferred to it under section 86 ..... account in the exercise of the discretion as to whether tne amendment should be permitted or not, (see: leach and co. ltd. v. jardine skinner and co., (s) air 1957 sc 357). to allow the omission of verification to be made good subsequently could not, in our opinion, do any injustice to tne other side. the amendment does not introduce ..... , in chandrika prasad v. shiv prasad, air 1959 sc 627 their lordships repelled a similar argument and approving of their previous decision in (s) air 1957 sc 444 (sup. cit.) said:'there can be no doubt that the order passed under section 90, sub-section (3), is an order passed at the conclusion of the trial .....
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