Court : Madhya Pradesh
Reported in : AIR1997MP106
..... doubt, uncertainty or ambiguity. this inference is further confirmed by ex. p-2, dated 23-10-1978 wherein it is stated that she had taken money for financing civil suit no. 1-a of 1973 and there was another suit pending, registered as c. section no. 1530/77. the agreement states:-- ^^mijksdr bdjkjukek rk- 6&12&73 fy[k]nsus ds ..... in the plaint that respondent was ready and willing to perform his part of contract. it is now mandatory to take such a plea as provided in section 16(c) of the specific relief act, 1963. in the case of ouseph verghese v. joseph aley, (1969) 2 scc 539, it was held that a suit for specific performance should ..... is held that the respondent's agreement was extortionate and the readiness and willingness of the respondent was not proved, this court, in exercise of its discretion under section 20 of specific relief act, 1963, refuse to grant a decree for specific performance on either of the' grounds. consequently, assuming that there was an agreement to sell on 23-10-78 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP134
..... . m. p. no. 593 of 1971, decided on 21-12-1974 (mp) the respondent purported to super-cede the co-operative society under section 53 of the m. p. co-operative societies act. 1960.2. the elections to the co-operative society were to be held and that action of the election officer was challenged by one champa in ..... employee who was being prosecuted in a court of law.7. this question now would be concluded by the pronouncement of their lordships of the supreme court in security and finance (p.) ltd. v. dattatrava raghav agge, air 1970 sc 720. wherein their lordships made the following observations :--'it is well established that an authority holding an ..... co-operative society has been superseded by the deputy registrar. cooperative societies.4. in this connection, we might observe that if the authority has the statutory power to act in a particular manner, the question of mala fides or bona fides will not arise and the authority can certainlv exercise that statutory power as and when it thinks .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1973]31STC9(MP)
..... laws adopting personal law of succession for some kinds of tenancies or applying civil procedure code to some proceedings in the revenue courts.9. another case, where the bengal finance (sales tax) act, 1941, was extended to delhi, came up for consideration before the supreme court in mithan lal v. state of delhi [1958] 9 s.t c. ..... the legislature practically effaced itself in the matter of fixation of rates inasmuch as it did not give any guidance, either under that section or under any other provisions of the act. the section was, therefore, held to be void.13. the learned counsel for the petitioner urged that the ratio of the decision in devi ..... specific reference and statutes of general reference. a statute of specific reference, as its name implies, refers specifically to a particular statute by its title or section number. a general reference statute refers to the law on the subject generally....a statute of specific reference incorporates the provisions referred to from the statute as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]66CompCas179(MP); 1987MPLJ728
..... per cent. per annum.3. the contention advanced by learned counsel appears to me unanswerable because of what is to be read in sections 31 and 32 of the act. under sub-section (6) of section 32, the district judge isrequired to investigate the claim of the financial corporation in accordance with the provisions contained in the code of civil ..... when a prayer is made for sale of the mortgaged property. but this provision has to be read not in derogation of but in conjunction with section 31 of the act. special procedure for enforcement of any agreement made with a financial corporation and for determination of the claim made by such corporation is envisaged under the special ..... , the application made under section 31 may be dealt with by the district judge.4. i have no doubt that the statutory provisions aforesaid are meant to ensure that the finances of the corporation are not blocked and the industrial development of the state for which the institution is set up is not halted. an expeditious .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1965]16STC13(MP)
..... v. commercial tax officer a.i.r. 1956 s.c. 202, it has been held that exemption granted by section 5(2) of the bengal finance (sales tax) act, 1941, being the creation of the statute, must be construed strictly. no doubt, an exemption from tax given by a statutory provision must be given full ..... not, therefore, be permissible to put on the words used in entry no. 21 a construction, giving them a special meaning. now, schedule i enumerates goods which under section 10(1) of the act are exempt from tax. the exemption granted by entry no. 21 of the schedule is a creature of statute and must be construed strictly. in union of india ..... grains, oil-seeds and 'khowa'. for the assessment period from 12th november, 1958, to 31st october, 1959, the sales tax officer imposed on the assessee purchase tax under section 7 of the act on sales of 'khowa' of the value of rs. 27,536-5-9. the assessee's contention was that as under entry no. 21 of schedule i to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)55CTR(MP)140
..... by deciding that in such a situation, deduction of the amounts has to be made for purposes of s. 80-j of the act. it is obvious from the decision of the supreme court that the conclusion reached by the tribunal is not justified.5. consequently the ..... rs. 64,531 while computing the capital employed in the industrial undertaking for purposes of allowing deduction under s. 80-j of the act.3. aggrieved by the view taken by the tribunal, the revenue sought a reference to this court which has been made by the ..... filed by the assessee, it claimed a deduction under s. 80-j of the act on the basis that it had borrowed a sum of rs. 2,40,000 from the madhya pradesh finance corporation so that the same should not be deducted in computing the capital employed in ..... the industrial undertaking for purposes of relief under s. 80-j of the act r/w r. 19a of the it rules, 1962 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT192
..... in the award for in passing it. the award was validly passed and was according to law. the objections be dismissed and judgment be pronounced under section 17 of the arbitration act.7. in the appeal, learned counsel appearing for the appellant shri neera vegad has submitted that the award passed was beyond the jurisdiction and the ..... the general manager of the marketing division of hindustan fertilizer corporation ltd. by an order dated 23rd/30th october, 1981 appointed me shri s.k. biswas, the finance manager of the marketing division to be the arbitrator.and whereas the statement of claims has been filed by the claimant and the reply thereto was also filed by ..... as to the payment under clause 24 of the agreement. hence, the dispute was rightly referred to the sole arbitrator by the corporation. shri s.k. biswas, finance manager of the corporation (marketing division) was appointed as arbitrator. on arbitration, the arbitrator entered on a reference on 29-5-82. time was extended by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2002)IILLJ423MP; 2002(1)MPLJ435
..... and disbursing the advances exceeding discretionary powers under the rules in 111 cases. charge no. 3 which petitioner admitted was about finance without proper documentation and thus involved in serious losses by an act of his gross negligence in 111 cases mentioned in annexure ii. charge no. 5 which was also admitted was about purchase ..... clerk in the erstwhile bank of nagpur which merged in bank of maharashtra in 1961. subsequently, he was promoted as officer and thereafter as manager in april, 1978. in the month of april, 1980, meeting was arranged at bhopal of chairman of bank of maharashtra and the branch managers of the bhopal division. certain ..... to look into the violations of the instructions issued by it and whether such a violations constitute misconduct or not; it cannot be said that disciplinary authority acted as a judge in its own cause. disciplinary authority himself can be enquiry officer and first assessing authority; it can consider the evidence while finding out whether .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1992MP35
..... loan was advanced by the morar branch. it is not disputed that morar branch is situated within cantonment area in respect to which the power contemplated under section 58(f), transfer of property act could not be exercised. indeed, it is also not denied that the notification issued by the state government extends to gwalior city but not to the ..... cantonment and the hazira branch is outside the cantonment area and is in the city, area. the plaitniff/ bank could legally and validly accept security under section 6 of the said banking act for any loan advanced. hazira branch had accepted the security on behalf of the plaintiff bank of which morar branch was equally a part as was hazira ..... section, word by word and no word is to be construed in isolation. no part of it and no word of it. (see, reserve bank of india v. peerless general finance, air 1987 sc 1023). it has been recently held by their lordships of the apex court that the safest guide to the interpretation of the statute is to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP82; 1989MPLJ63
..... is not suited for lime kiln. it does not appear that the petitioner got any sanction for construction of lime kiln from sada as required under section 292 of the municipal corporation act, on the other hand no objection certificates were refused by the sada and twon & country planning authority, therefore, it was open to the sada ..... within one-year of taking possession commence production. the petitioner accordingly applied for and loan of rupees seven lacs was sanctioned for erecting the factory by m. p. finance corporation on 5-10-1985. it is said, so far amount of rupees 3.8 lacs has been granted and the petitioner has spent over rupees 5.5. ..... case, these industries were established much prior to the declaration of korba as air pollution control area the supreme court in maneka gandhi v. union of india, air 1978 sc 597 has held :--'the principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades article 14 like a .....
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