Court : Madhya Pradesh
Reported in : [1957]8STC781(MP)
..... was observed at page 410 by lindley, l. j., in farrar v. farrars ltd [1888] 40 ch. d. 395, that a sale by a member of a corporation to the corporation itself is in every sense a sale valid in equity as well as at law. this principle in some different circumstances has been applied in wurzel v. hoitghton main ..... an ejusdem generis interpretation. but sometimes the context may show that the doctrine of ejusdem generis may not be applicable. in national association of local government officers v. bolton corporation [1913] a.c. 166 the definition of 'workman' as given in the conditions of employment and national arbitration order, 1940, and identical with that given in the ..... home delivery service, limited [1937] 1 k.b. 380. in that case sub-section (4) of section 2 of the english road and rail traffic act, 1933, came .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)226CTR(MP)497; [2009]181TAXMAN50(MP)
..... requisite to be stated for adjudication of the controversy in these appeals are that the assessee-m.p. text-book corporation ('the corporation') was registered with the registrar of societies under the m.p. societies registration act, 1959 on 7-8-1968. the main objects of the society as per the memorandum of association are as ..... securing improvement in the general educational standard;(7) to regulate and fix prices of the publications of the societies consistent with its objects;(8) to frame, develop and recommend to the government and other appropriate authorities curricula and syllabi for the purpose of improvement in the general educational standard;(9) to advise government ..... estate or interest for the furtherance of all or any of the objects of the society;(15) to construct, maintain, repair, extend, alter, improve or develop any buildings or works necessary or convenient for the purpose of the society;(16) to borrow and raise money on the security or a mortgage, charge, hypothecation .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP103
..... or groups of persons who possess any share of this civil power constitutes the government of the state. they are the agents through whom the state, as a corporate unity, acts and moves and fulfils its end.'34. this analysis of what is meant by 'government' shows that in the context of the indian constitution 'central government' ..... correlation to a proper scheme of interpretation, or we would be compelled to use stray sentences from their lordships' judgment without being able to see how the development of the law has taken place.29. having made these observations as to the utility and the use of precedents of superior tribunals, i shall now pass ..... potti, 1955-2 scr 1196: ((s) air 1956 sc 246) (j). that case arose under the travancore taxation on income (investigation commission) act (act 14 of 1124). under that act an officer was making an inquiry into the income of the petitioner. the order appointing the officer and investing him with jurisdiction was passed by the investigation .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP214; [2007(4)JCR580(MP)]; 2007(2)MPLJ594
..... managing director, mpcdf, bhopal milk union, habibganj, bhopal.(9) elected member of gwalior milk union, gola ka mandir, gwalior.(10) joint secretary, government of india, dairy development agricultural department krishi bhavan, r. no. 297-d-l, new delhi.(11) secretary, government of madhya pradesh finance department, bhopal.(12) director, veterinary services, government of ..... a writ appeal and directed the registry to renumber the same accordingly. in its order dated 25-1-2007, the full bench after considering the development of law and facts subsequent to the full bench decision in the case of dinesh kumar sharma (supra), was of the opinion that the decision ..... for determining whether u.p. raj karmachari kalyan nigam (for short 'the corporation'), a society formed and registered under the societies registration act, 1860, was 'state' within the meaning of article 12 of the constitution. the facts were that the corporation was an agent or stockist on behalf of the government and the members .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP98
..... working as a special member of the board of the authority (iv) respondent no. 3 did not send the copies of the letter of approval of development plan to the municipal corporation, collector, sub-divisional officer (revenue) and department of registration, etc. in compliance with rule 13 of the madhya pradesh town and country planning rules, 1975 ..... map and the petitioner will have to construct such a road. the state government is also wrong in observing that respondent no.3 did not act bonafidely in approving the development plan in favour of petitioner merely on the ground that he was also working as a special member of the board of authority. the state ..... may be prescribed. '30. grant or refusal of permission. (1) on receipt of an application under section 29 the director may, subject to the provisions of this act, by order in writing(a) grant the permission unconditionally;(b) grant the permission, subject to such conditions as may, deemed necessary under the circumstances;(c) refuse the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP157
..... just and meaningful as also legally and factually in accord with the current realities, the court can, and in many cases musttake cautious cognisance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed. where, during the pendency of a proceeding under rent ..... the present case it is a case of adding additional ground for seeking the same relief of ejectment already claimed in the plaint. in the case of municipal corporation of greater bombay (supra) the considerations for disallowing the amendment in question were altogether different. a plea of fraud for which there was not even slightest ..... the impugned amendment. it was a suit for ejectment even after the amendment in question.23. from the aforesaid discussion, it will be clear that the trial court acted contrary to the provisions of order 6 rule 17 read with order 7 rule 7 c. p. c. in rejecting the application for amendment. the impugned order .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(4)MPHT123
..... 72 with one sumer chand jain who is a lecturer in government school. it has also been pleaded that said smt. kanta jain is an agent of life insurance corporation as well as of the post office and she is not a member of the family of applicant nor she is dependent on her. according to the respondent, ..... plaintiff was a retired servant of government aided institution and, therefore, he was not found to be landlord of special category, as defined in section 23-j of the act and, therefore, this decision is also not applicable.24. the rent controlling authority by rejecting the application has totally deviated from the well settled principles of law which ..... for eviction of respondent from the suit accommodation which is non-residential on the ground of her bona fide need as envisaged under section 23-a(b) of the act.3. the application for eviction was filed by applicant-shyama bai against her tenant shobhraj ahuja who died during the pendency of the application before the rent controlling .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(2)MPHT83
..... [wisemen v. bomeman, (1971) ac 297]. re. : all general canada and canadian tobacco manufacturers, council, (1986) 26 dlr (4th) 677.' their lordships considered the development of law stage to stage. the first decision is p.l. dhingra v. union of india (air 1958 sc 36) and the other one is state of bihar v. gopi ..... employee remains the motive and not transformed as the foundation of the order of termination, it is unexceptionable. in kunwar arun kumar v. u.p. hill electronics corporation ltd. and ors., (1997) 2 scc 191, termination of service of probationer for unsatisfactory performance after recording a finding that he was regularly absent on one ground ..... government. later on it was transferred to the sainik school society; hence the prescribed authority had no jurisdiction to initiate the process under the public premises eviction act, 1981. this court directed the prescribed authority to decide the objection which was decided in favour of the school. thereafter a civil suit was filed for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT529
..... circumstances of the present case, the amendment deserves to be allowed. as observed by their lordships of the supreme court in a.k. gupta & sons v. damodar valley corporation : [1966]1scr796 , amendment in a particular case could be allowed even after the expiry of the statutory period of limitation. in the facts and circumstances of the present ..... proposed amendment will change the nature of the suit. he submits that earlier suit was filed for ejectment under section 12(1)(a) and (c) of the act and now by the proposed amendment, he is converting this suit to the suit for declaration and permanent injunction which is not permissible under law and prayed for dismissal ..... section 12(1)(a) and (c) of the m.p. accommodation control act, 1961 (for short 'the act'). it was pleaded that defendant no. 1 is daughter of krishna rao, married to shri r.g. khanvalkar and after some time of her marriage, her husband developed bad habits, i.e., started taking liquor and assaulted her and, therefore, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ489
..... the observations in verbatim :'a prosecutrix of a sex offence cannot be put on par with an accomplice. she is in fact a victim of. the crime. the evidence act 'nowhere says that her-evidence cannot be accepted unless it is corroborated in material particulars. she is undoubtedly a competent witness under section 118 and her evidence must receive the ..... the court bases a conviction on her testimony does the rule of prudence demand that in all cases save the rarest of rare the court should look for corroboration before acting on the evidence of the prosecutrix? the observations of the supreme court in the case of state of maharashtra v. chandraprakash kewalchand jain, (1990) 1 scc 550 are pertinent. ..... the f.i.r. (ex. p- 3) lodged by her, she went to the length of stating that 4 or 5 persosns had actually seen the appellant mangilal committing sinful act with her (portion d to d of ex. p-3). kamla was discredited with the evidence of gangadhar (pw 6), siyaram (pw 7) and latoor (pw 8), said to .....
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