Court : Madhya Pradesh
Decided on : Aug-02-1991
Reported in : AIR1992MP13; 1992(0)MPLJ109
..... smritichandrika have even in good old times laid down directive principles providing protection against usury of loans. the mode in lawsi.e. money lenders act, usurious loans act, interest act and other state enactments are modern developments of law providing protection against the recovery of interest and are projections of the rule of dam dupat ..... . the language of the preliminary decree is plain and simple allowing simple interest on the mortgage amount and principles of dam dupat, usurious loans act and interest act can always be considered by the court, the principles contained therein being equitablefor relieving the debtors from payment of excessive interest.17. for appreciating ..... to get compound interest on the mortgage amount. according to shri kishore as the applicability of the principle of dam dupat, the usurious loans act and interest act has been raised before the trial court before the passing of the preliminary decree, these issues could not be raised while passing of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-02-1991
Reported in : 1992(0)MPLJ287
..... make the result of proceedings acceptable. relying on state of v.p. v. munni dhimar, air 1954 v.p. 42, it was argued that no presumption under section 114, evidence act arises as to the requisite precautions having been taken in conducting the test identification proceedings and the prosecution must prove by positive and reliable evidence that all such proceedings were .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-21-1991
Reported in : 1992(0)MPLJ185
..... , state of m.p. v. arvind singh and 2 others, pending in the court of judicial magistrate, first class, raipur.2. this case is under sections 4 of dowry prohibition act and 498-a, 506-b/34 and 323, indian penal code.3. the submission of the learned counsel for the applicant is that the non-applicant no. 3 had been .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-25-1991
Reported in : II(1992)DMC486
..... orissa, (air 1971 sc 804); (air 1945 privy council 18)and 1984(ii) crimes 584. shri desai for the state supported the convictionsentence.8. by the dowry prohibition amendment act, 1986 (act no. 43 of1986) a new section 304b relating to dowry death was introduced in the indianpenal code. it reads as under :-'304-b. (1) where the death of a ..... be deemed to have caused her death.explanation : for the purposes of this sub-section, 'dowy' shall havethe same meaning as in section 2 of the dowry prohibition act 1961(28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to ..... deceased has clearly admitted that there was no talk of dowry at the time of marriage.28. the presumption as to dowry death under section 113b of the evidence act shall also not be available to the prosecution because as already observed above it has not been proved that soon before her death the deceased was subjected to cruelty .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-12-1991
Reported in : 1992(0)MPLJ26
..... -3). the respondents have also reproduced the mandatory recommendations on graduate medical education of the medical council of india which are approved under section 33 of the indian medical council act, 1956, which are as under : -'v. migration/transfer of students from one medical college to another.(a) a student studying in a recognised medical college may be allowed to migrate ..... their admission in medical college, jabalpur in the light of clause (e) of the mandatory recommendations, which are said to be approved under section 33 of the indian medical council act, 1956 and the above decision of the supreme court. however, there shall be no order as to costs.
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-20-1991
Reported in : 1993(0)MPLJ869
..... valuation and payment of court-fees), and after that the suit has to proceed according to civil procedure code and not according to various clauses of section 23 of the act. after the application is treated as a plaint, summons has to be served on defendant as required by order 5 of civil procedure code. the landlord can seek eviction ..... 381, considered the legislative history of rent legislation in m. p., aforesaid three decisions and the effect of the fiction created by section 9 of the amendment act, and observed that the deeming provision in section 9 has to be construed in the light of the purpose behind; therefore, all those effects and consequences which ..... defined in section 23-j, to evict the tenant exclusively on the ground of 'bona fide' requirement of accommodation under section 23-a of the principal act before 16th january 1985 and pending on such date before the rent controlling authority shall stand transferred to a civil court of competent jurisdiction and such court shall .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-15-1991
Reported in : 1993(0)MPLJ377
..... would include 1990 also and the concession of 45% marks would be available to the petitioner dr. satish suman in the year 1990 also. moreover, we were informed that by acting upon this interpretation admissions have been granted in the year 1990 by the respondents nos. 1 to 3. this allegation was not refuted at the hearing also.10-a shri ..... available. we are not inclined to agree with this interpretation. section 6 of the m. p. general clauses act, 1957, which is analogous to section 9 of the central general clauses act reads as under : -- 'commencement and termination of time : in any madhya pradesh act it shall be sufficient for the purpose of excluding the first of series of days or any other .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-09-1991
Reported in : 1992(0)MPLJ90
..... the tenancy or ejectment of the appellant from the suit accommodation, because he is liable to be ejected on the ground under section 12(1 )(a) of the act for the reasons aforesaid.10. for the foregoing reasons, the aforesaid substantial questions of law deserve to be decided in favour of the respondent and against the appellant.11 ..... however, the learned counsel for the respondent asserted that if the decree for ejectment passed by the courts below on the ground under section 12(l)(a) of the act is confirmed, there would be no necessity for remanding the case to the trial court for returning a finding on an issue arising out of the subsequent events. accordingly ..... his business in the suit accommodation. he had sufficient funds for the purpose. accordingly, ejectment was sought also on the ground under section 12(l)(f) of the act. the suit was resisted by the appellant by contending that the arrears were deposited in the court and that the need for non-residential purpose set up by the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-11-1991
Reported in : AIR1991MP247; 1991(0)MPLJ562
..... duty payable in respect of any instrument is required to read and examine the document carefully to identify it properly in terms of the statutory 'description' contemplated under the act. it is true, section 2(24) includes a case of 'disposition' made for, among others, 'any religious or charitable purpose' and it is also true that ..... board by petitioner's counsel as noted by the board, that the document in question was not 'settlement' within the meaning of section 2(24) of the act and the collector of stamps had, therefor, wrongly applied article 58. the contention further pressed was that a religious and charitable trust was excluded from the purview ..... that question. they observed further that the authority is in a similar position in that respect as is income-tax tribunal under analogous provisions in the income-tax act. allahabad high court's special bench in board of revenue v. saraya sugar factory : air1971all70 expressed the view that the entire case referred, being the subject- .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-10-1991
Reported in : AIR1992MP88; 1992(0)MPLJ125
..... of common facilities like lavatory, drain and water tap-connection and thus committed nuisance within the meaning of sub-section (c) of section 12(1) of the act. the first appellate court in para 7 of its judgment after discussing the aforesaid evidence negated the plea of defendant that the lavatory and bathroom were to be exclusively ..... the case properly on the point of nuisance and genuine requirement as grounds of eviction under section 12(1)(c) and (e) of the m.p. accommodation control act, 1961?(ii) whether in the facts and circumstances of the case the suit was rightly decreed by the learned lower courts?9. controverting shri kokje's contention shri ..... presented suit for eviction against the defendant on grounds under clauses (c) and (a) of sub-section (1) of section 12 of m.p. accommodation control act, 1961 (hereinafter called 'the act') -- plaintiff's case briefly stated was that defendant was earlier tenant in three rooms of ground floor of house no. 68.0, dhan gali mhow, of the .....
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