Court : Madhya Pradesh
Decided on : Nov-16-1973
Reported in : AIR1974MP141; 1974MPLJ257
..... rights of agricultural holdings. if the enactment was with respect to tenancy rights of agricultural holdings, it would undoubtedly be saved under sub-section (2) of section 4 of the hindu succession act and in that case, there was no conflict. if not, the question arises as to which of the two laws would prevail, ..... there is no conflict between the two provisions as the phrase, 'devolution of tenancy rights in respect of agricultural holdings' occurring in sub-section (2) of section 4 of hindu succession act has to be construed broadly and would include legislations pertaining to rights of tenure-holders such as the bhumiswamis and bhumidharis with the result ..... holders rights, but also for devolution of tenancy rights. according to the learned counsel, the phrase 'devolution of tenancy rights' occurring in section 4(2) of the hindu succession act, 1956, has been used in a broad and comprehensive sense so as to include all legislations providing for devolution of land tenures and not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-13-1973
Reported in : [1974]93ITR480(MP); 1973MPLJ866
..... december, 1971, by letter, annexure 'b', that the cash amount of rs. 2,02,500 lying with the central excise department stood seized under section 132 of the act. the petitioners then filed this petition under article 226 of the constitution on 12th january, 1972, praying that a mandamus be issued against the income-tax ..... 500 in favour of the petitioners. during the pendency of this petition the income-tax officer passed an order on 7th march, 1972, under section 132(5) of the act specifying the tax on theestimated undisclosed income and other existing liability of the petitioner-firm and directing the retention of the entire amount of rs. ..... thing represents either wholly or partly income or property which has not been disclosed for the purposes of the indian income-tax act, 1922 (xi of 1922), or this act (hereinafter in this section referred to as the undisclosed income or property), he may authorise any deputy director of inspection, inspecting assistant commissioner, assistant director .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-08-1973
Reported in : AIR1974MP59; 1974MPLJ1
..... same provisions are found as contained in section 91 of the m.p. act. see section 92 of the assam act; section 62 of the bihar act; section 67 of delhi act; section 161 of gujarat act; section 111 of madras act; section 157 of maharashtra act; section 121 of mysore act; section 123 of orissa act; section 77 of punjab act; section 81 of rajasthan act; section 89 of travancore-cochin act; and section 56 of u. p. act. in all these corresponding provisions, the ..... the corresponding enactments of other states such as. section 34 of the andhra pradesh act. section 41 of bihar act, section 81 of gujarat act, section 72 of madras act, section 78 maharashtra act, section 30 of mysore act, section 32 of orissa act, section 27 of punjab act, section 51 of rajasthan act and section 49 of travancore-cochin act. however, the period of supersession in the aggregate varies in different acts. for instance, two vears in bihar. puniab and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-1973
Reported in : AIR1973MP104; 1973MPLJ411
..... provisions the sub-divisional officer placed in charge of the duties would not be competent to exercise the statutory powers conferred on the collector under section 55 of the act. i am of the opinion that where statutory powers are conferred on a particular officer those powers cannot be exercised by an officer holding current ..... in current charge of the duties of the collector could preside over the election meeting for the election of the president and vice-president, under section 55 of the act. this question has been referred because of conflicting views expressed by division benches of this court regarding the meaning of the words 'current charge' ..... in that capacity he held an office of profit under the council within the meaning of clause (c) of section 35 of the madhya pradesh municipalities act, 1961 (hereinafter referred to as 'the act'). under section 94 of the act a council is empowered to appoint officers besides those specified there-under as may be necessary and proper for .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-18-1973
Reported in : AIR1974MP101; 1974MPLJ95
..... this court in 1971 rev nir 132 (madh pra). in our opinion, that case is clearly distinguishable. so far as the, m. p. excise act, 1915, is concerned, section 64 of the act itself makes all dues to the government recoverable as arrears of land revenue and it is not necessary, to rely on any rules or orders. thus, ..... a sum as a consideration (instead of or in addition to any duty leviable) for the grant of any lease under section 18. section 7 of the act empowers the state government to delegate its powers under the act. the section in so far as relevant reads as follows :'7. establishment and powers thereof.-- the state government may, by notification, for ..... 150) to the following effect:--'it is, therefore, plain from the decisions, to which a reference has been just made, that the function performed under section 68-d of the act of hearing objections to a scheme and of approving or modifying it is essentially an administrative function, though the process of hearing objections to the scheme .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-20-1973
Reported in : AIR1974MP193; 1974MPLJ329
..... as that letter introduced a definite variation inthe terms of the compromise, it was not admissible in view of the provisions of proviso (4) to section 92 of the indian evidence act. the learned judge also overruled the contention of the appellant that the respondents were estopped from challenging the appropriation by the appellant at the request of ..... p-1 cannot take effect withtout registration as the letter varied the terms of a registered compromise. he contended that the bar under proviso 4 to section 92 of the indian evidence act, was not attracted where a document affected the terms of a decree. he also urged that the respondents were estopped from challenging the appropriation made by ..... contended that the letter ex. p-1, apart from the provisions of proviso 4 to s. 92 of the evidence act, could not be acted upon in view of the provisions of sections 49 and 50 of the registration act. now, it is necessary to bear in mind that the present proceedings do not arise out of a claim made .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-28-1973
Reported in : AIR1973MP261
..... 16th edition, 320' when the respondent was not willing to join in the submission, the remedy of the appellant lay by way of an application under section 20 of the arbitration act. we are fortified in that view by the decision of the supreme court in thawardas pherumal v. union of india, air 1955 sc 468. while ..... before the arbitrators, the respondent reiterated that the the reference to arbitration was premature. once again, in, the court below, the respondent while applying under section 30 of the arbitration act for setting aside the award, had specifically alleged in para 5 of the application that 'there was no dispute or difference as contemplated by clause 61 ..... , the supreme court has observed:'but what confers jurisdiction on the arbitrators to hear and decide a dispute is an arbitration agreement as defined in section 2(a) of the arbitration act, and where there isno such agreement, there is an initial want of jurisdiction which cannot be cured by acquiescence. it may also be mentioned .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-04-1973
Reported in : AIR1974MP85; 1973MPLJ929
..... to any place outside the state will be beyond the powers conferred on the state government by the order issued by the central government under section 5 of the essential commodities act. therefore the order issued by the state government vide notification no. 7101-2993-xxx-(i)-72 dated the 4th august 1972, modified by notification ..... of the central government.' this 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 ..... amounts ed to a total prohibition. 12. the order issued by the central government under section 5 of the essential commodities act, 1955, dated the 18th june, 1966. rung thus:-- 'in exercise of the powers conferred by section 5 of the essential commodities act, 1955, (10 of 1955), the central government hereby directs- (a) that the powers .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-04-1973
Reported in : AIR1974MP181; 1974MPLJ168
..... that the contract of insurance entered into between the owner of the vehicle and the insurance company provided for payment of any sum higher than that fixed under section 95 (2) (b) of the act. hence the liability of the insurer in the present case only extends upto rs. 2,000 (two thousand) each, in the case of jinendra kumar ..... supreme court in shaikhupura transport co. ltd. v. northern india transporters insurance co. ltd., air 1971 sc 1624, have stated the same principles, thus-'under section 110-b of the motor vehicles act, 1939 the tribunal is required to fix such compensation which appears to it to be just. the power given to the tribunal in the matter of fixing ..... . in smt. gulab devi sohaney v. govt. of madhya pradesh, air 1971 madh pra 113 one of us (sen j.) had occasion to observe-'under section 110-b of the motor vehicles act. 1939, the claims tribunal is required to determine an amount of compensation which appears to it to be just. that amount of compensation would be just has .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-29-1973
Reported in : AIR1973MP248; 1973MPLJ103
..... was instituted.10. the mortgagees were in possession of the suit house. they were receiving rents, which amounted to part payment within the meaning of sub-section (2) of section 20 of the act, which reads thus:--'where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to ..... meaning.'25. we are clearly of the view that the word 'rent' cannot be read as ejusdem generis with 'produce' in section 20 (2) of the act.the principle of sub-section (1) of section 20 of the act is that a payment on account of a debt or of interest should give a fresh start of limitation for a suit for ..... to be within limitation.27. there is yet another ground for which the suit must be held within limitation. it is by giving 'the plaintiff benefit of section 19 of the limitation act it may be recalled that there was a partition among the three brothers, anoopchand, santokchand and meharchand. in this court, the plaintiff-appellant made an application .....
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