Court : Madhya Pradesh
Decided on : Jun-30-1989
Reported in : AIR1990MP348; 1990MPLJ129
..... title. it is necessary for the plaintiffs to establish his title and no decree for possession of title can be passed. that observation was made construing section 110 of the evidence act as the plaintiff had invoked that provision for presumption of title by possession. i have no doubt that reliance on that decision by shri gupta is wholly ..... air 1968 sc 1165 and somnath berman v. s. p. raju, air 1970 sc 846. 7. reference in yeshwant singh's case (supra) was made to section 9 of specific relief act to state that the question of title has not to be considered in a suit filed to enforce that provision. midnapur zamindary co. ltd. v. naresh narayan roy ..... , air 1924 pc 144, was noted and the law cited therein by the privy council was approved. in somnath (supra) again section 9 of the specific relief act was construed and it was held that the prior possession of the plaintiff was sufficient title notwithstanding that the suit was brought more than 6 months after dispossession .....
Tag this Judgment!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 : Jul-07-1989
Reported in : 1990MPLJ28
..... decided on 10-2-1981 by civil judge, class ii, mungavali. in the appeal, it was contended that as per section 127a(2)(b) of the act, no property tax for house no. 26 of ward no. 2 and house no. 9a of ward no. 1 of ..... exceeding rs. 1,800/-, the rate of tax for each unit shall be as contemplated under the table annexed to sub-section (1) of section 127a and in the matter of determining of rate applicable to the several units, the proviso has no role at all.12 ..... in the municipality. the proviso expressly manifests its 'deeming' object in respect of that factor, in relation to only clause (b) of section 127a(2), namely, the exemption contemplated thereunder. the deeming object touches 'annual letting value'; and not the 'owner'. but, the legal ..... nagariya sthawar sampatti kar adhiniyam, 1964, as also the proviso are in pari materia with that of clause (b) of section 127a(2) of the act and its proviso.5. at para 7 of the report in nihalkaran (supra), it was observed, 'while assessing the tax .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-11-1989
Reported in : II(1990)ACC127; 1991ACJ486
..... the order of the commissioner disentitles him to claim the compensation.4. section 30 of the act authorises this court to entertain an appeal only if a substantial question of law is involved in the case. the words 'substantial question of law' have ..... of the learned counsel for the appellant is that the claim was not maintainable in the absence of notice required to be given by the respondent under section 10 of the act and therefore the impugned order deserves to be set aside. it is also submitted that non-examination of the respondent by the civil surgeon in spite of ..... his services were terminated. it, therefore, denied its liability to pay the compensation. it was also its case that no notice of the accident as required under section 10 of the act was given and therefore the claim was not maintainable. during the trial on 5.2.1981 before the commissioner, on an application filed by the appellant, the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-17-1989
Reported in : AIR1990MP41
..... not a single case, the question which confronts us came up for consideration of the court. we have already indicated that registrar's power to act under section 9 and of civil court to act under sections 26 and 27 are of different shades and complexions and are mutually exclusive. the registrar becomes functus officio when a 'public trust' is validly ..... held that the registrar had no jurisdiction to make even 'interim management' when action had already been taken by him under section 26(1) of the act and decision was taken for referring the matter to the civil court. if mahant narayandas, 1962 mplj (sn) 97 page 46(1) serves any useful purpose ..... of trustees, the registrar cannot remove the existing trustees and nominate new trustees in their place though that power can still be exercised by the civil court under section 25(3) of the act. in the case of sheoprasad dubey, 1972 jab lj (sn) 6 page 5(2), the lis, similarly, was of a different complexion. it was .....
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 : Jul-24-1989
Reported in : I(1991)ACC376
..... a motor accident, and at that time, he was employed by (he defence department of the government of india.2. his widow and minor daughter preferred claim under section 110 a motor vehicle act and got an award in their favour from the tribunal. their claim has been accepted by the tribunal in the lumpsum amount of rs. 1, 16, 000/- accepting .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-24-1989
Reported in : 1990ACJ575
..... a motor accident, and at that time, he was employed by the defence department of the government of india.3. his widow and minor daughter preferred claim under section 110-a, motor vehicles act and got an award in their favour from the tribunal. their claim has been accepted by the tribunal in the lump sum amount of rs. 1,16,000 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-31-1989
Reported in : 1990CriLJ1129
..... of cloth (article b-1, b-2 and b-3) which were also seized at his instance (seizure memo ex. p. 3). this is relevant under section 27; also under section 8 of the evidence act, and the report of the chemical examiner (ex. p. 25) shows that the presence of blood was confirmed on article a. stick; and also the ..... the statement said to have been made by the deceased prior to her death, which was held, inadmissible under section 32 evidence act. all those three decisions cited by defence are quite distinguishable on their own facts. section 32(1) evidence act reads as under:'32(1). when it relates to cause of death:--when the statement is made by a person ..... cut her husband. c the same evening committed suicide. it was held that the statement was not admissible under section 32 evidence act because 'the death of c did not come into question' in the sessions case, nor was it admissible under section 35 evidence act. again in kappinaiah v. emperor, air 1931 mad 233(2) : (1931-32 cri lj 751), the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-07-1989
Reported in : AIR1991MP143
..... acres of land stood recorded in the name of the joint family of which petitioner tunda was a member. he applied for allotment of lands under section 62 of the m. b. land revenue and tenancy act under the allotment rules sub-rule (2) of rule 7 made the first category. the first category consisted of a person who had no land ..... . first, we take up the rulings cited by shri r. k. dixit. in k. k. handique's case, (air 1966 sc 1191), the supreme court, was interpreting sections 12 and 13 of the assam agricultural income-tax act, the court held that in the expression a person holds land.... partly for his own benefit and partly for the benefit of beneficaries' in ..... section 12 (1) and the expression in s. 13 where any person holds land as a common manager appointed under any law for the time being in force or .....
Tag this Judgment!