Court : Madhya Pradesh
Decided on : Aug-09-1989
Reported in : AIR1990MP112; 1990MPLJ300
..... is sufficient cause for, condoning the delay in filing the application for setting aside abatement.18. as a result of the foregoing discussion the application under section 5 of the act deserves to be dismissed and is accordingly dismissed. the application for setting aside abatement is also, consequently, dismissed as statute-barred. in the circumstances, parties ..... be allowed.7. the contention of the learned counsel for the non-applicant no. i is that unless the party seeking condonation of delay under section 5 of the act pleads and proves the cause as alleged and its sufficiency, the court cannot allow the application. in support of his submission he has placed reliance ..... 22, rule 9 of the civil p.c., 1908 (for short 'the code') for setting aside abatement of appeal. an application under section 5 of the limitation act, 1963 (for short 'the act') for condonation of delay in filing the application for setting aside abatement of appeal has also been filed.2. circumstances giving rise to .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-10-1989
Reported in : 1990MPLJ323
..... right to occupy the land as lessees in the present petition itself. they have not yet vacated the premises. they are, therefore, estopped by force of section 116 of the evidence act, from questioning title of the cantonment or union of india to the land in dispute. it is true that in this petition, the petitioners allege that ..... district judge, for reasons recorded in para 4 of his order, appears to be right in negativing that contention. it appears from that order that notice under section 4(1) of the act was served on the holders and the petitioner no. 1, jagdish prasad, appeared. he did not submit any reply. he also informed that lachhoo prasad and ..... raised on the land and that unauthorised persons were allowed to occupy those structures. at the same time, it also appears that the petitioners filed an appeal under section 9 of the act, before the district judge, jabalpur, against that order of eviction (annexure p-5). that appeal was also dismissed vide order dated 26-8-1986 (annexure p .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-10-1989
Reported in : AIR1990MP129; 1989MPLJ712
..... examination under the rules. the contention of the petitioners, therefore, that they have not been found using any unfair means within the meaning of section 2(c) of the act no. x of 1957, is totally irrelevant in the matter of disciplinary action taken against them under the rules by the authorities conducting the ..... contending that the alleged misbehaviour of the students in the examination hall did not fall within the definition of 'unfair means' as defined under section 2(c) of the act. both the counsel have also assailed the action on the ground that the punishment is unduly disproportionate to the misbehaviour alleged and found proved. ..... of that offence. the definition of unfair means provided under section 2(c) of the act is not applicable to disciplinary action taken by the authorities conducting the examination. 'unfair means' defined under the act for taking disciplinary action against the students reads as under : --'section 2(c) 'unfair menas' in relation to any recognised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-11-1989
Reported in : 1990MPLJ196(SC)
..... challenged on the ground that the detenu was held in confinement and, therefore, it was not 'necessary' to pass an order against him under section 3 of the act with the object of subserving any of the statutory objectives contemplated thereunder, the position is different. the subjective satisfaction of the detaining authority in such ..... 9. the question, however, can be viewed also from another angle because it cannot be forgotten, as it is unfortunately often done, that under section 3(2) of the act, legislature has entrusted the draconian power of administrative detention to the central government and state government primarily. they may, 'if satisfied with respect to ..... violative of the procedural safeguards flowing from article 22 of the constitution, the detention would be vitiated. a detention order having been passed, section 4 of national security act provides that the order may be executed at any place in india in the manner provided for the execution of warrants of arrest under the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-11-1989
Reported in : 1990CriLJ1738
..... challenged on the ground that the detenu was held in confinement and, therefore, it was not 'necessary' to pass an order against him under section 3 of the act with the object of subserving any of the statutory objectives contemplated thereunder, the position is different. the subjective satisfaction of the detaining authority in such ..... 9. the question, however, can be viewed also from another angle because it cannot be forgotten, as it is unfortunately often done, that under section 3(2) of the act. legislature has entrusted the draconian power of administrative detention to the central government and state government primarily. they may, 'if satisfied with respect to ..... violative of the procedural safeguards flowing from article 22 of the constitution, the detention would be vitiated. a detention order having been passed, section 4 of national security act provides that the order may be executed at any place in india in the manner provided for the execution of warrants of arrest under the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-14-1989
Reported in : 1990MPLJ575
..... power of the state extends to this topic. the division bench held that the scheme was not made in exercise of the powers conferred by section 3 read with section 5 of the act and was made only in exercise of the executive power of the state. the decision of this court was affirmed by the supreme court in ..... in this behalf.' on behalf of the state, it was contended that the scheme was framed in exercise of the powers delegated to the state government under section 5 of the act read with clause 2(d) of the 'order'. the submission cannot be accepted. the validity of the 'scheme' was considered in madhya pradesh ration vikreta sangh ..... and cases a common question of law is involved, viz. whether the breach of the 'scheme', is punishable under section 7 of the act. section 7 of the act provides for penalty to a person, who contravenes any 'order' made under section 3. section 3(1) empowers the central government, by order, to provide for regulating or prohibiting the production, supply and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-16-1989
Reported in : 1989MPLJ793; [1990]76STC475(MP)
..... under mistake that the trucks for which tyres were purchased, were being used for the assessee's own transport. accordingly, the assessee filed an application under section 45(2) of the act. the assessee also contended that similar points were raised in respect of the appeal (no. 153-v/78) arising from assessment of his business for ..... in connection with his business. it was further held that the plying of trucks was also his business and comes within the definition of 'business' under section 2(bb) of the act.aggrieved by the order of the appellate deputy commissioner, the assessee filed a second appeal (no. 154-v/78) before the tribunal (board of revenue) ..... purchase tax on building materials used for repairs, renewal and maintenance of the buildings, to the division bench when the assessee had made an application under section 45(2) of the act, the point not having been considered and decided by his predecessor in disposing of appeal no. 154-v/78, whereas identical facts in appeal no. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-19-1989
Reported in : (1990)IILLJ416MP
..... with articles 14 and 311(2) of the constitution. in brojonath (supra) the relevant service rules of the corporation were held void under section 23 of the contract act as also article 14 of the constitution as it was not in the public interest to tolerate a contract of employment which invested arbitrary power ..... dean, or for that matter, of the respondents generally, that there is no nexus between the impugned order terminating petitioner's services and the enquiry revealing his act and activities involving moral turpitude, albeit pertaining to the felling and selling of the trees of the college campus. the enquiry committee's 'findings' held him ' ..... of the petitioner's performance as a probationer, dehors his conduct involving moral turpitude in the matter of temporary misappropriation of rs. 18,000/- and his acts and activities concerning felling and selling trees of which the sale proceeds are said to have been temporarily misappropriated. it is difficult to accept the ipse dixit .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-21-1989
Reported in : AIR1990MP160; 1990MPLJ4
..... assailed on behalf of the petitioners, are sub-sections (2) and (3) of section 11-a, section 11b and section 42-a of the act inserted by the amending act and the amendments in section 41, section 42 and section 46 of the act by the amending act. sub-sections (2) and (3) of section 11-a inserted by the amending act are as follows : '11-a (2) ..... the publication, shall be considered by the competent authority who shall pass an order after giving the objector an opportunity of being heard. sub-section (4) of section 11 of the act lays down that while considering the objections or otherwise, if the competent authority finds that any question has ariseen regarding the title of a ..... authority shall accordingly make necessary alterations in the draft statement' and shall publish a final statement declaring the surplus land held by each holder. section 12 of the act lays down that all surplus land shall be deemed to be needed for public purpose and shall vest in the state absolutely free from all .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-21-1989
Reported in : 1990MPLJ339
..... shows that when the i.o. interrogated the accused he had taken them to the place and pointed out the stones. this evidence cannot be considered under section 27, evidence act, but is quite relevant to consider whether the accused was of an imbalanced mind? no questions have been asked from this witness, though he is a kotwar ..... satisfies the test of 'prudent man', the accused will have discharged his burden. the evidence so placed may not be sufficient to discharge the burden under section 105 of the evidence act, but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself. ..... presumed to be an innocent, and therefore, the burden lies on the prosecution to prove the guilt of the accused beyond reasonable doubt. section 84 being an exception, under section 105 of the evidence act, the burden of proving the existence of circumstances bringing the case within the said exception lies on the accused, and the court shall .....
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