Court : Madhya Pradesh
Decided on : Nov-05-2003
Reported in : 2004(2)MPHT515; 2004(2)MPLJ554
..... used for composite purpose of both residence and non-residence. no water tight division between residential or non-residential accommodations had been created under section 23-a of the act. in such a situation the eviction of the petitioners for non-residential requirement of major daughter of the non-applicant could not have been ..... sufficient to satisfy the need of the non-applicant and thus, absence of alternative accommodation has not been established.3. point a-- explanation to section 23-a of the act was only inclusive and enabling. here as per pleadings the petitioners-tenants had themselves changed the user of the disputed rooms and the non-applicant ..... shukla (aw-2) a major daughter of the non-applicant, widow (landlady) falling within the definition of special category of landlords as defined under section 23-j of the act.2. the learned advocate for petitioners has argued that admittedly the disputed rooms were let out for residential purpose and without express consent of the non .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-16-2003
Reported in : 2003CriLJ4790; 2003(2)MPLJ369
..... bail to the applicants.3. the submission of shri jaisingh is that since the charge-sheet has been filed and the offence under section 34-a is punishable under sub-section (2) of section 34 of the act for imprisonment of a term which shall not be less than one year but which may extend to three years and with fine which ..... in a case of first offence, if the conditions and circumstances are satisfied, the court may grant bail in appropriate cases after considering the embargo created by section 59-a (ii) of the act. in cases where it is the first offence of the applicant, while granting bail, the court may provide further safeguard and take a specific undertaking that ..... to be balanced with the interest of the society for which bar has been imposed.6. while granting bail in cases where embargo has been created by section 59-a (ii) of the act, the court may also consider the nature of offence; involvement of the accused in the commission of crime; recovery of any contraband material from him and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-16-2003
Reported in : 2004(3)MPHT406
..... case of dadulla and ors. v. state, 1961 mplj 1291, in the following terms :--'12. the documents, memoranda of what accused said and covered by section 27, evidence act, are not by themselves substantive evidence. it is what the witness deposed in court as having been said by the accused, when giving information leading to ..... lists of memoranda or panchanamas can only be used by persons who signed them or prepared them to refresh their memory within the meaning of section 159 of the evidence act. whatever statement is attributed to an accused in police custody giving information leading to the discovery must be proved by witness like any other fact ..... the thumb impression of the accused. the absence of the signatures or the thumb impression of an accused on the disclosure statement recorded under section 27 of the evidence act detracts materially from the authenticity and the reliability of the disclosure statement. according to the defence version the appellant had been arrested during the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-09-2003
Reported in : AIR2004MP176; 2004(3)MPLJ231
..... is disposed of accordingly.'14. in paragraph 160 their lordships enumerated the conclusion which we respectfully quote :--'160. in conclusion, we hold :(1) section 49 of the supply act is valid.(2) the nature of consumption deposit is to secure prompt payment and is intended for appropriation.(3) there is no liability on the ..... the aforesaid terms and conditions which find mention in the general conditions for supply of electrical energy and individual contract, it is appropriate to refer to section 49 of the act. the aforesaid provision reads as under :--'49. provisions for the sale of electricity by the board to persons other than licensees.-- (1) subject to ..... permissible, moreso in the obtaining factual matrix. it was also the argument that the board has no jurisdiction to issue such a notification under section 49 of the act as basically and essentially the aforesaid provision deals with tariff and supply of electricity and such other ancillary matters and has nothing to do with .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-05-2003
Reported in : [2004]270ITR157(MP)
..... the circumstances of the case, the learned tribunal was justified for setting aside the order of the commissioner of income-tax under section 263 of the income-tax act ?(2) whether, on the facts and in the circumstances of the case, the learned tribunal was justified in accepting the ..... said creditors were income-tax assessees. their index numbers were in the file of the revenue. the revenue apart from issuing notices under section 131 at the instance of the respondent, did not pursue the matter further. the revenue did not examine the source of income of ..... and completed the assessment after considering the evidence filed and after his satisfaction about the genuineness of cash credits, the order of revision under section 263 on vague ground that the assessing officer did not make proper enquiry is not valid (cit v. ratlam coal ash co. [1988 ..... 1. this is an appeal under section 260a of the income-tax act, 1961. at the outset we may mention that when this appeal was presented no question of law .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-21-2003
Reported in : 2004(1)MPHT276; 2004(1)MPLJ363
..... and anr. v. swami ashanand and anr., 2003 (2) scc 26. that case relates to u.p. urban buildings (regulation of letting, rent and eviction) act, 1972. section 21 (1) (a) of the said act provides that a decree for ejectment can be passed in favour of tenant if the landlord requires the suit premises for occupation by himself or any member ..... the profession of a lawyer and this court has held that the activity carried out for earning livelihood is included in the term of business occurring in section 12 (1) (f) of the act and decreed the suit. this court has further held that the meaning of word 'business' is not restricted only to the commercial activities. thus, this ..... the suit filed by the plaintiff is decreed by the trial court and it is held that the plaintiff is entitled to get decree for ejectment under section 12 (1) (f) of the act as he requires the suit premises for opening clinic for charitable purpose. this judgment was challenged by the tenant by filing an appeal. this appeal was .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-31-2003
Reported in : 2004(1)MPHT362; 2004(1)MPLJ572
..... them with the approval of the authority. it is pointed out that the expression 'local authority' has not been defined in the act. 'local authority' has been defined in section 2(viii) of the act. section 2(viii)(2) states that 'local authority' means in the case of a local area other than a municipality, or a cantonment ..... samples of the food articles from the persons selling such articles or the persons who are dealing with such articles or a consignee. sub-section (2) of section 10 of the act specifically empowers the food inspector to enter and inspect any place where any article of food is manufactured or stored for sale, or stored ..... jabalpur including all the areas of municipal corporation, cantonment board and notified areas of district jabalpur. in the circumstances, the notification which was issued under section 24 of the act empowers the food inspectors to take the sample. in these circumstances, it is not necessary that the state govt. should itself issue notification and the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-04-2003
Reported in : 2004(2)MPHT547
..... civil revision no. 9 of 2000.3. infact, in all these bunch of petitions, one common question is involved viz., whether appeal filed by the respondent under section 139 of the m.p. municipalities act against the resolution, dated 15-09-1998, passed by petitioner before the civil judge, is maintainable? if the view of the learned civil judge is that appeal ..... ) has come up in writ under article 227 of the constitution of india because in view of recent amendment made in section 115 of c.p. code w.e.f. 1-7-2002, the right to file the revision under section 115 ibid is drastically curtailed.4. heard shri vk. jain, learned counsel for petitioner and shri g.m. chafekar, learned senior .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-07-2003
Reported in : 2004ACJ2134; [2004(102)FLR927]; (2004)IIILLJ250MP; 2004(3)MPHT7; 2004(2)MPLJ445
..... compensation, indore and ors. (1973 acj 428), contended that the requirement of filing of certificate of deposit of compensation under third proviso to sub-section (1) of section 30, of the act, is applicable to an appeal filed by the employer, and as the appellant insurer is not the employer there is no legal requirement for the ..... satpathy, learned counsel for the claimant, submitted that deposit being intended to protect interest of the workman, the term 'employer' in the third proviso to section 30(1) of the act should be interpreted to include the insurer. if this interpretation is accepted, an impediment would be created in vested right of any person aggrieved who is ..... as 'amicus curiae', and shri narendra chouhan, the learned counsel for the claimants, contended that the term 'employer' used in the third proviso to section 30(1) of the act, is to be interpreted to mean and include the employer or any other person challenging the award on his behalf or for protecting his interest. it .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-28-2003
Reported in : 2003CriLJ4361; 2003(3)MPLJ460
..... to the death as a suicide. the marriage of meera bai took place about 13 years prior to the incident, therefore, presumption under section 113a of the evidence act cannot be drawn.15. the learned trial court properly and objectively considered the evidence to reach a conclusion that the respondents were not ..... has not established beyond reasonable doubt that the deceased meerabai committed suicide and the respondents abetted the commission of suicide.14. before recording conviction under section 306 of indian penal code the court must be satisfied that the accused persons by their conduct created such an inhumane situation or subjected the deceased ..... police station lalbhagh, burhanpur. after inquiry, the dead bodies, were sent for post mortem examination.3. after investigation a challan for the offences punishable under sections 306 and 498a of indian penal code was filed against the respondents before the judicial magistrate first class, burhanpur, wherefrom the case was committed to the .....
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