Court : Madhya Pradesh
Reported in : 1976CriLJ256
..... shrinbai : [1955]1scr206 , it was laid down as follows:.ordinarily there should be a close approximation between the non obstante clause and the operative part of the section, the non obstante clause need not necessarily and always be co-extensive with the operative part, so as to have the effect of cutting down the clear terms of an enactment. ..... roy : 1966crilj1538 while construing the meaning of the expression 'employer' given in section 2(e) of the coal mines provident fund and bonus schemes act, 1948 defined with reference to the indian mines act, 1923 which was repealed and substituted by the mines act, 1952, similarly in n. c. j. ..... : [1953]4scr1028 , it was held that reference in clause 15 of the letters patent (bombay) to section 108 of the government of india act, 1915 after its repeal should be read as a reference to the corresponding provision of the 1935 act and the constitution in state of u.p. v. m. p. ..... collector, central excise : 1978(2)elt393(sc) , it was held that a reference to sea customs act, 1878 in section 12 of the central excises and salt act, 1944 must be construed as a reference to the customs act, 1962, all these decisions were given on the basis of section 8(1) of the general clauses act, 1897 which is substantially the same as section 38 (1) of the english interpretation act, 1889,10. ..... singh : 1960crilj750 , it was held that reference to the factories act, 1934 in the definition of a 'commercial establishment' in section 2 (3) of the u, p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP175
..... or a revenue officer in respect of any matter in exercise of its; his powers under this code or any other enactment for the time being in force, as the case may be;' against order of a revenue officer would lie,as per section 44(1)(a) when that order is passed 'inrespect to any matter' in relation to which heexercises powers under the code or, for thatmatter, even when the order to be passedunder any other enactment for the time beingin force. ..... although chapter ii of quanoon mal is repealed as a whole and that chapter contains section 267 to section 280, dealing with tenancy rights, it is at the same time, clearly indicated that not only that chapter, but the other provisions also, specified therein of other chapters were repealed as were 'contrary to and inconsistent with the provisions of part 1 of this act to the extent of such inconsistency or contradiction'. ..... to that extent only, it can be said that there has been implied repeal or rather amendment of one part of section 275, quanoon mal; under section 44(1) of the code, a new forum for the appeal contemplated thereunder is now provided and that is done, because under section 11, the revenue officers' hierarchy is reconstituted under the new political set-up. ..... the court accepted the definition that 'by jurisdiction is meant the authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision'. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ977
..... invalid only because of the repeal of the said act or that the same was granted after the enforcement of the prevention ..... (now repealed) by section 11 of the new act and section 165a, i.p.c. ..... (now repealed) by section 9 of the new act; section 165, i.p.c. ..... (now repealed) by section 8 of the new act; section 163, i.p.c. ..... will have to proceed under the new act, but if the same be inconsistent with the provisions of the new act, the trial will have to be for offences under the repealed acts.in this view of the matter, the question referred to us for our consideration is answered as under :-'the sanction granted under section 6 of the prevention of corruption act, 1947 for prosecution of accused persons for offences under section 5(l)(b) and section 5(2) of the said act or section 161, indian penal code would not be rendered ..... (now repealed) by section 12 of the new act. ..... from the statement of objects and reasons, it is clear that the new act aims at widening the scope of the definition of 'public servant' and enhancing penalty for the offences provided under the old act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP167; 2006(2)MPHT45; 2007(1)MPLJ181
..... for the purpose of definition of protected forest, reserved forest and village forest provisions of quanoon jungalat are relevant though repealed and to determine the nature of land, quanoon jungalat is required to be considered as the act done or proclaimed by the erstwhile ruler declaring reserved forest, protected forest or village forest shall bedeemed to be continued as such after amendment in section 20-a of the indian forest act vide m.p. ..... counsel for the petitioner referred to sub-section (4) of section 20-a and submitted that the forests recognised in the merged territories as village forests or protected forests, or forests other than reserved forests, by whatever name designated or locally known, shall be deemed to be protected forests within the meaning of this act. ..... sub-section (4) further provides that forest recognised in the merged territories as village forests or protected forests or forests other than reserved forests, by whatever name designated or locally known, shall be deemed to be protected forests. ..... (4) forest recognised in the merged territories as village forests or protected forests, or forests other than reserved forests, by whatever name designated or locally known, shall be deemed to be protected forests within the meaning of this act and provisions of sub-sections (2) and (3) shall mutatis mutandis apply.20. ..... the bill is designed to achieve the aforesaid objects,19. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP63
..... preamble of the madhya bharat act indicates that the act was designed to control and regulate the transactions of money lending in madhya bharat whereas the preamble to the jhabua act indicates that it was designed to prevent money-lenders from taking undue advantage of the illiterate and ignorant condition of the agricultural, class and that as there is this material difference in the underlying objects of the two acts the madhya bharat act does not repeal jhabua act which is continued by the ..... before considering the provisions contained in section 22 of the madhya bharat money lenders act and its effect upon the jhabua slate agriculturists relief act it will be useful to make a brief reference to the principles which govern the cases of repeal express or implied. ..... section 2 provides for the repeal of acts, council resolutions and circulars repugnant or contrary to the act. ..... section 22 which actually deals with it provides for the repeal of 'all other acts, circulars and standing orders relating to regulation and control of the transactions of money lending in any covenanting state. ..... the term 'money lender' is defined under section 2 (4) of the act as follows :-- ' 'money lender' means a person who, in the regular course of business, advances a loan as defined in this act and shall include subject to the provision of section 8 (2), the legal representatives and the successors in interest whether by inheritance, assignment or otherwise of the person who advances the loan. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(3)ARBLR337(MP); 2008(2)MPHT101
..... it has been held that unless the conditions under section 11 (6) of the arbitration and conciliation act, 1996, are satisfied, there would be no occasion to move the chief justice or any person or institution designated by him to take the necessary measure. ..... except as otherwise provided in this contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions, herein before mentioned and as to thing whatsoever, in any way arising out of or relating to the contracts, designs, drawings, specifications, estimates, concerning the work or the executing or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred ..... , under an appointment procedure agreed upon by the parties,-(a) a party fails to act as required under that procedure; or(b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure,a party may request the chief justice or any person or institution designated by him to take the necessary measure, unless the agreement on the appointment procedure ..... p-1) between the parties was executed on 10-2-2005, whereas, the arbitration and conciliation act, 1996, had already come into force with effect from 22-8-1996 repealing thereby the arbitration act, 1940, by virtue of section 85. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ468
..... : -'whereas an assessment has been made under the act repealed by section 52 and if for any reasons sale or purchase of goods chargeable to tax under this act or any act repealed by section 52 during any period has been under-assessed or has escaped assessment or assessed, at a lower rate or any deduction has been wrongly made therefrom, the commissioner may at any time within 5 calendar years from the ..... 7 of the table at the relevant time were as follows : -'the commissioner shall not delegate any powers other than those enumerated below, in respect of the (section/rules) mentioned in column (2) of the table below, nor shall he delegate any power thereunder specified in column (3) of the said table to any officer below the rank or contrary to the conditions specified and mentioned in the corresponding entry in column (4) thereof: -serial section/ description designation of offierno. ..... accordingly the initiation of proceedings on 4-7-1980 and issuance of notice under section 19(1) of the act by him could not be said to be without jurisdiction and, therefore, there was no necessity for issuance of any fresh notice under section 19(1) of the act after the case was being transferred to the addl. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1966]61ITR656(MP); 1965MPLJ975
..... no proceedings under section 34 of the act of the 1922 in regard to the assessment year 1946-47 were thus pending when the act of 1961 came into force.now, section 297 which deals with the effect of the repeal of the indian income-tax act, 1922, sets out in clause (d)(ii) of sub-section (2) that :'notwithstanding the repeal of the indian income-tax act, 1922 (xi of 1922) (hereinafter referred to as the repealed act), - ........ ..... (ii) any income chargeable to tax had escaped assessments within the meaning of that expression in section 147 and no proceedings under section 34 of the repealed act in respect of the such income are pending at the commencement of this act, a notice under section 148 may, subjected to the provisions contained in section 149 or section 150, be issued with respect to that assessment year and all the provisions of this act shall apply accordingly. ..... 50,000 or more for the relevant assessment year and expressly provides in section 297 for the enforcement of that liability.learned counsel also submitted that proceedings under section 34 of the repealed act in relation to the assessment year 1946-47 were pending when the act of 1961 came into force inasmuch as the petitioner had filed a return for that year in response to the notice dated 24th june, 1959. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991ACJ840
..... force in any state and pending immediately before the commencement of this act shall be disposed of in accordance with the provisions of section 100 of this act;(f) the permits issued under sub-section (1-a) of section 68-f of the motor vehicles act, 1939 (4 ..... or the provisions thereof, shall be construed as referring to this act or to the corresponding provision of this act;(d) the assignment of distinguishing marks by the registering authority and the manner of display on motor vehicles in accordance with the provisions of the repealed enactments shall, after the commencement of this act, continue to remain in force until a notification under sub-section (6) of section 41 of this act is issued;(e) any scheme made under section 68-c of the motor vehicles act, 1939 (4 of 1939) or under the corresponding law, if any, in ..... . malhotra has submitted that the interest of the insurer has not been saved by the impugned award, as under section 96 (4) of the repealed act the insurance company has raised a defence and, certainly, the insurance company, if it is able to prove the defence so raised, would be entitled to recover the excess amount for which the insurance company would .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP34; [1967]63ITR689(MP)
..... purpose of passing the 1962-order.secondly, the 1962-order purported to amend substantially the indian income-tax act, 1922; that section 6 of the 1949-act did not empower the government so to amend or alter the provisions of the indian income-tax act, 1922; that the indian income-tax act, 1922, having been repealed by the income-tax act, 1961, did not exist at the time when the 1962-order was passed; and that consequently ..... clause (b) of this sub-section (5) states 'in the case of assets acquired before the previous year the actual cost to the assessee less all depreciation actually allowed to him under this act, or any act repealed thereby, or under executive orders issued when the indian income-tax act, 1886 (ii of 1886), was in force. ..... ' section 34 repealed the ordinance providing that notwithstanding the repeal, anything done or any action taken in the exercise of any power conferred by the ordinance 'shall for all purposes be deemed to have been done or taken in the exercise of the powers conferred by this act as if this act were in force on the day on which such thing was done or action was taken.' 5. ..... it has been stated earlier that as the laws relating to income-tax in force in the merged states were repealed not by the indian income-tax act, 1922, but by the 1949 ordinance, an initial difficulty arose in giving effect to the provisions of clause (b) of section 10(5) of the indian income-tax act, 1922. .....
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