Court : Madhya Pradesh
Decided on : Sep-27-1989
Reported in : AIR1990MP326
..... decree lawfully passed in his favour, by no stretch of reasoning can it be said that he threatens to dispossess the plaintiff by doing any wrongful act. powers under section 151 of the code cannot beinvoked because the aforesaid specific provision is available. the decisions in lakha singh's case air 1982 delhi 348 and ..... that possession of the snack bar has not yet been handed over to him. it was stated in the application under section 8 of the act that according to the applicant, period of three years commenced from august 1982. in the application, relief for temporary injunction restraining the appellants from handing ..... several reminders, you may possibly have forfeited the right for arbitration.' 6. in the circumstances set forth above the respondent filed the aforesaid application under section 8 of the act on 30-4-83 praying for appointment of independent arbitrator in order to decide the dispute between the parties. the contention of the respondent is .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-27-1989
Reported in : AIR1990MP345
..... company of the central government; therefore, a retired servant of the corporation falls within the specified category of landlord, under clause (ii) of section 23-j of the act, has also no merit. section 23-j(ii) reads as under:-- '23-j. definition of landlord for the purposes of chapter iii-a. for the purposes of this ..... , dismissed the application holding that an employee of the corporation does not fall within the category specified either under clause (i) or clause (ii) of section 23-j of the act. aggrieved of this order, the petitioner has preferred this revision. 3. the contention of shri m. dalai, learned counsel for the petitioner, is that the ..... corporation of india (for short, the 'corporation') who falls within the definition of landlord for the purposes of chapter iii-a, as specified in section 23-j of the act. after service of summons, the respondent/tenant raised a jurisdictional objection; that neither the petitioner is a retired government servant, nor is a retired servant .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-05-1989
Reported in : 1990MPLJ634
..... to dhansingh and hakamsingh are said to be caused by pissu and mullu chamar respectively, and to karansingh, by pussu chamar. probably in view of section 5, evidence act, which lays down 'that evidence may be given in any proceeding of the existence or non-existence of every fact in issue or such other facts ..... made in an investigation other than that which results in a trial in which those statements are sought to be used.' this was considered in context of section 145, evidence act. this is also the view taken in jhumanlal v. state of rajasthan, air 1957 raj. 185 and bejjanki rajan v. state of andhra pradesh air ..... and the opinion as to cause of death can be admitted in evidence only under 'section 45, evidence act. by admitting document under section 294, criminal procedure code the document could not become under section 45, evidence act expert evidence. it was further observed, that section 294, criminal procedure code does not in any way modify the law of evidence. because of non .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-25-1989
Reported in : 1991(53)ELT286(MP)
..... april, 1989 the detenu was arrested by the officers of the excise department from his residence for alleged complicity in the offences under section 85 of the gold control act and section 135 of the customs act, 1962.3. according to the case of the central excise and customs department they had received information that the detenu and his ..... the car was seized and the statements of panchas were recorded. a panchnama was also prepared. the statement of ramkumar agrawal was also recorded under section 108 of the customs act, wherein ramkumar agrawal revealed that he had received the biscuits from detenu's son, one mukesh jain. the residence of the detenu was searched from ..... can be given.14. we do not want to go into the question of the value of the aforesaid retractions because the statements recorded under section 108 of the customs act and the subsequent letters retracting the same may be a subject matter of scrutiny in the criminal case pertaining to the substantive offence. however, the .....
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 : Nov-10-1989
Reported in : AIR1990MP120
..... from the right to sit in an examination and to receive a degree on the basis thereof. the sole basis for the impugned prohibition, evidently, is section 24(1), clause (iii), of the advocates act, 1961. a person can be qualified to be admitted as an advocate if he has obtained a degree in law, 'after undergoing a three-year ..... they be expected to pick up the expertise and attributes to fulfil that role? it is true that under section 7(1)(h) of advocates act, the bar council of india is required to 'promote legal education' and to frame rules under section 49(1)(d) to 'prescribe the standards of legal education', but the caption of the relevant rules ( ..... university under the adhiniyam, in view of the provisions of sub-sections (17), (20) and (36) of section 6 of the adhiniyam read with section 35(j) and section 37, clauses (i) and (iii), is not affected, indented or impaired in any manner by any of the provisions of the advocates act. it will be well within the competence of the university .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-22-1989
Reported in : 1990(0)MPLJ611
..... exempted because of the exclusion in the last part of the entry in the notification in favour of warehouses established under any central or state act. section 14 of the state act empowers the state government to establish a warehouse. clause 6, read with clause 16 of the licence requires the licensee that he shall use ..... activities of storage of liquor are concerned, is exempted in the notification as the storage of liquor by it is in a warehouse established under section 14 of the state act.18. the aforesaid notification also includes trading and commercial establishments of exporters, importers, commission agents and brokers and commodity and stock exchange. the expression ..... notification.24. for the reasons stated above, the petition succeeds and is allowed. the order of the regional provident fund commissioner, indore, passed under section 7-a of the act (annexure p. 13) is hereby quashed and it is declared that the establishment is not covered by the notification in question. in view of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-28-1989
Reported in : 1991CriLJ42
..... shows that it was only on 8-7-1987 that the magistrate perused documents and held that they disclose offence triable exclusively by the sessions court. he, therefore, acted under section 209 cr. p.c. and committed the case to the sessions court directing the applicant to appear before the said court on 23-7-1987. these proceedings, therefore ..... clarify that even the applicant did not think that a question of limitation was involved in the case. there is no provision in the criminal procedure code like section 3 of the limitation act casting an obligation on the court to consider the question of limitation even if it had not been set as a defence which indicates that it is ..... the learned judge in the impugned order dated 24-2-1988. according to the learned sessions judge the period of limitation for offence punishable under section 6 of the act, was three years as prescribed under section 488(2)(c) cr. p.c. and therefore, there was delay of 9 days in filing the charge sheet. the learned judge, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-09-1989
Reported in : 1991(0)MPLJ149
..... fide requirement but had decreed eviction from the suit accommodation only on the ground that protection under section 12(1) of the m. p. accommodation control act, 1961 was not available to deceased-defendant dongarji as m.p.accommodation control act, 1961 was not applicable to rajendra nagar, suburb of indore, where suit accommodation is situated. ..... must, therefore, fail and ramlal allowed residence in the suit-accommodation. shri dave, learned counsel referred to definition of legal representative contained in sub-section 11 of section 2 of the code of civil procedure, 1908 and emphasized that it includes a person who intermeddles with the estate of the deceased. he also submitted ..... that ramlal by order dated 16-1-1989 had been brought on record as intermeddler and therefore, considering the definition of legal representative in sub-section 11 of section 2 of the code of civil procedure, could prosecute the appeal, the definition cannot be read in isolation, it would have to be read .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-14-1989
Reported in : 1991CriLJ33
..... imprisonment for life. this act has also introduced section 113-b in the evidence act which provides that when the question is whether a person has committed dowry death of a woman and it is shown that soon before her ..... had been subjected to d &c; operation and taken out of the hospital within 3 hrs. against medical advice, when considered in the context of section 113-b of the evidence act would entitle the court to presume that it was a case of dowry death. the investigation has been undertaken apparently because of the applicant's efforts and ..... the fact that shri dhakad, advocate, who admittedly is the son of the govt. pleader was engaged by the non-applicants. as regards section 304-b ipc, the provision was inserted by dowry prohibition (amendment act, 1986) and provides for punishment with imprisonment for a term which shall not be less than 7 years but which may, extend to .....
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