Court : Madhya Pradesh
Decided on : Jul-03-1989
Reported in : 1990MPLJ412
..... profits is permitted expressly or impliedly and for that matter, it is examinable also if claim in that regard is interdicted expressly or impliedly. as per section 5 of the said act, the entitlement of the landlord is restricted to recover from the tenant only 'standard rent' for the accommodation in possession of the tenant. what is more ..... relevance of use of the words 'any sum' and 'any consideration whatsoever' to justify the view taken.8. the primacy of the statutory mandate of section 13 of the act needs also to be underscored in this connection. when a tenant does everything which he is required to do by the statutory provision by continuing to pay ..... to vacate the premises at the bidding of the landlord. as held by this court in lachhobai rathore, 1989 mprcj 23 - 1988 jlj 213, section 13(5) of the rent control act extends the protection against eviction to the statutory tenant upto the stage of execution. thereunder, the landlord's claim against tenant for compensation in terms .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-20-1989
Reported in : AIR1990MP167
..... those two decisions in that regard. we are clear in our minds that when r.c.a. exercises its jurisdiction in relation to an application under section 23-a of the act by passing any order with respect to trial or disposal of that application and not only when the final order is rendered in the proceeding, that decision would ..... . for all the aforesaid reasons, we are of the view that the law laid down by this court in the afore-cited two decisions on the scope of section 31 of the act needs to be reviewed. for the various reasons aforesaid and our conclusion above-referred, we have taken the view that law has not been laid down correctly in ..... matters effectively aslying within its special jurisdiction. we are definitely of the view that even if any rules are framed in derogation of the parent law, namely section 50 read with section 29(d) of the act, those rules can in no manner impair or indent the purpose, object and indeed the scope of the special law enacted in chapter iii-a. on .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-03-1989
Reported in : AIR1989MP236; 1989MPLJ571
..... dastane v. dastane, air 1975 sc 1534, para 30. it will, therefore, not necessary in order to establish cruelty as a ground for judicial separation under section 22 of the indian divorce act, to establish danger to life, limb or health or to give rise to a reasonable apprehension of such danger. such cruelty is not restricted to physical cruelty ..... by a knife. this refusal to permit sexual relation is said to constitute cruelty on the part of the respondent wife. according to section 7 of the act, in all suits and proceedings under the act, court can give relief on principles and rules which, in the opinion of the court, are as nearly as may be conformable to ..... the record and after hearing the learned counsel for the applicant, we are of the opinion that the decree passed by the lower court is not correct. section 10 of the indian divorce act is as follows :'10. when husband may petition for dissolution. -- any husband may present a petition to the district court or to the high court .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-21-1989
Reported in : [1989(59)FLR821]; (1994)IIILLJ507MP
..... 1980, when he visited the press, the record was not produced to him for inspection. thus the respondent made himself liable to prosecution under section 85 of the employees' state insurance act. before launching prosecution, notice exhibit p1 was given to the accused calling upon him to produce the required record on 1 february 1980, ..... gyani, j.1 this is an appeal against acquittal. the accused respondent was convicted by the trial court (chief judicial magistrate, indore) under section 85(g) of the employees' state insurance act and sentenced to pay a fine of rs. 300 or in default to undergo one year's simple imprisonment. on appeal, the then eighth ..... is, it gives sufficient details of facts which weighed with the authorities according sanction for prosecution.4. section 86(1) of the act governs sanction. it reads as follows:'86(1) prosecutions :- no prosecution under this act shall be instituted except by or with the previous sanction of he insurance commissioner'.there is no dispute .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-02-1989
Reported in : [1991]81STC440(MP)
..... the contention raised before the first and second appellate courts and submitted that the reference must be answered in favour of the dealer. 'sale' under section 2(g) of the central sales tax act is defined to mean any transfer of property in goods by one person to another for cash or for deferred payment or for any other valuable consideration ..... the same from the purchasers. since the applicant failed to do so he was not entitled to any relief in view of the provision of section 8a(1)(b)(ii) of the central sales tax act. it is then that this reference has been made at the instance of the dealer.3. shri s.c. chaturvedi, learned counsel for the ..... the purchaser on the ground that they were not according to the specifications stipulated by the purchaser after the period of six months as stipulated in section 8a(1)(b)(ii) of the central sales tax act, 1956 ?'2. relevant facts are that the applicant, parmali wallace ltd., is a registered dealer and deals in the manufacture of wooden parts of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-19-1989
Reported in : 1993(41)ECC285; 1993LC351(MP); 1990(50)ELT201(MP)
..... the earlier decisions of the cegat and confirmed by the supreme court are of no avail to the petitioners. the various explanations and the clauses of section xi of the tariff act clearly go to show that the classification has to be based, in the instant case, on the width of the strip. if the strip is ..... 1983 passed in the appeal case of shellya industries, bangalore. but that circular was under the old tariff. after the passing of the new tariff act the anamolies are removed and under section 11, hdpe tapes of width not exceeding 5 mm are clearly classified under the head textiles and textile articles. therefore, the circular based on the ..... will be, whether the hdpe tapes are synthetic textile material19. now, textile material has not been defined in the tariff act. however, in the textiles committee act, 1963 (act 41 of 63) the word 'fibre' has been defined in section 2(a) as under:'fibre' means man-made fibre including regenerated cellulose rayon, nylon and the like.''textiles' has been .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-04-1989
Reported in : 1991(54)ELT178(MP)
..... existence of a notification entitling them to the said rebate. the order of the superintendent central excise is a reasoned order which is appealable under section 35 of the central excise act. the central excise act is a self contained code and has a hierarchy of authorities where the appeal lies. the petitioners have not invoked the provisions of the ..... decision of the government of u.p. was published in a newspaper wherein an exemption from sales tax for a period of three years under section 4a of the u.p. sales tax act was to be given to all new industrial units in the state with a view to enabling them to come to a firm footing in ..... in this notification shall apply to :(i) cement manufactured by a company which is registered or registerable under section 26 of the monopolies and restrictive trade practices act, 1969 (54 of 1969) or to which section 29 of the foreign exchange regulation act, 1973 (46 of 1973) is applicable;(ii) cement manufactured in a unit operated by a large cement .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-1989
Reported in : AIR1991MP18
..... pillay, air 1987 sc 1493; gopal singh, ibid 2394).8. learned counsel for respondent harish chandra has seriously contended janki bai's entitlement under section 14(1) of the hindu succession act, for short, 'h. s. act', relying on ex. p/1 and he has also cited case law. in my view, however, the crucial fact is that mutation entries and ..... janki bai had been in possession of the suit property.7. in the premises aforesaid, the defendant dharamavati bai and janki bai have invoked the aid of section 14(1) of hindu succession act, 1956. it is contended that even if the case of the two defendants that the suit property was yashwantrao's jagir is not accepted, janki bai ..... because rs. 50,000/ - was in deposit at bhopal. counsel's reliance on kothi satyanarayana air 1987 sc 363 is evidently inappropriate as that deals with sub-section (2) of section 14 which is not the case here. indeed, nothing in ex. p/2 suggests that the suit property had been given to her thereunder and that is also not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-19-1989
Reported in : 1990ACJ299; AIR1990MP87; 1989MPLJ690
..... bodily injury to any person caused by or arising out of the use of the vehicle in a public place in terms of section95(b) (i) of the act. section 2(24) of the act defines 'public place' to mean 'a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access and ..... directed to produce the policy for doing justice and the one, who alleges that the risk covered is unlimited or higher than the statutory liability fixed under sub-section (2) of section 95 of the act, must prove such an agreement. the policy must show specific terms in regard and a term as to payment of separate premium therefor. we are of the ..... the claims tribunal. the tribunal also did not care to get the policy of insurance produced either from the owners or the insurer of the vehicle, although section 110-b of the act casts mandatory duty upon the claims tribunal to specify the amount which shall be paid by the insurer. when this court pointed out this fact of non-production .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1989
Reported in : 1990MPLJ440
..... decisions having settled the law on the point.4. an appeal was filed before the district court on 3-5-1980 along with an application under section 5 read with section 14, limitation act, seeking condonation of time lost in prosecuting the proceedings in revision before the high court. the district judge refused to condone the delay holding that ..... all the foregoing reasons, the impugned order dated 5-3-1982 passed by the district judge, gwalior is set aside. the application of the appellants under sections 5/14, limitation act filed before the district court is allowed. consequently, the appeal thereat is held to have been filed within limitation. the appeal shall now be heard and ..... limitation.10. in so far as the period lost between 29-4-1980 and 3-5-1980 is concerned, it stands well explained. the application under sections 5/14, limitation act duly supported by an affidavit indicates that the dismissal of revision was conveyed to the appellants only on 2-5-1980. it is well known that .....
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