Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: madhya pradesh Page 8 of about 1,150 results (3.414 seconds)

Ankit Tare Vs. Palash Tare, Th:legal Guardrina Smt. Madhulika Tare

Court : Madhya Pradesh

..... their application filed under order 7 rule 11 of the c.p.c for dismissal of the respondents case filed under section 372 of the indian succession act (for short the act) for issuing the succession certificate with respect of the property of late ramchandra manohar bhalerao, has been dismissed.2. applicant's counsel after taking me through the papers placed ..... the question was raised by the applicants in the aforesaid impugned application (annex.p/2) so also the other question if the same is raised by way of amendment application or otherwise in the reply of the written statement before the trial court then the such court shall decide the same after framing the issues in accordance with ..... the prayer of probate in respect of the alleged will was resolved, the impugned petition could not be entertained holding that no probate is necessary for the person of hindu community in the state of m.p. and the ia was dismissed by the trial court, on which, the applicants have come to this court.4. after .....

Kalu Ram Pannalal and anr. Vs. V. Jagannath Kalua

Court : Madhya Pradesh

Reported in : AIR1963MP151

..... as proprietors of the firm 'kaluram chhotelal' were substituted as plaintiffs in place of the firm. the plaintiffs signed the amended plaint on 30-9-1959.4. the trial court held that the suit was barred by section 22 of the limitation act. this finding was, however, set aside on appeal by the learned district judge, gwalior, who held that merely because ..... the plaintiff's names as members of a joint hindu family firm were brought on record on 12-9-1959 it could not be said that ..... the plaintiffs were joined as parties to the suit on that date. relying on the decision in balwantrao ambaram v. baldeodas manilal and co. 1957 mfc 122 the appellate court held that section 22 of the limitation act could have no .....

indramal Mukhriya Vs. G.M., Madhya Pradesh State Road Trans. Corpn. an ...

Court : Madhya Pradesh

Reported in : 1991ACJ605

..... was held that section 92-a is 'to be applied to all pending cases irrespective of the date on which the accident occurred, the fact that the amendment act postulates that the amendment act would come into force on the dates notified in the gazette being of no consequence'.(e) similarly, 'the circumstances that section 92-a is an entirely new ..... the result, this appeal partly succeeds. the appellant-claimant's claim based on allegations of negligence and consequential damages is dismissed. however, in view of section 92-a of the amendment act no. 47 of 1982, claimant is awarded rs. 7,500/- (rs. seven thousand five hundred) only, which would be paid by the owner of the vehicle, viz ..... .11. lastly, it was urged that in the circumstances stated above and as the evidence shows, compensation be awarded to the claimant under section 92-a of the amendment act no. 47 of 1982. the provisions relating to 'no fault liability' came into force with effect from 1.10.1982. the idea behind the concept is that .....

In Re: Eicher Ltd.

Court : Madhya Pradesh

Reported in : I(2005)BC564; [2005]57SCL414(MP)

..... . 'g') in minute detail after calling for necessary details from the petitioner-company (eml) and has found, the same to be in order requiring no modification/amendment in it. he has also stated on oath that the scheme proposed can be accorded sanction by this court, as prayed for because it is found to be inconformity ..... must be allowed to prevail in the absence of any other illegality being noticed by this court within the meaning of sections 391 and 394 of the companies act.10. in my opinion, thus the scheme of amalgamation/demerger proposed appears more on administrative basis. it will enable the company in question to run their ..... the petitioner-company called 'eicher motors limited' (hereinafter referred to as 'transferee company or 'eml' for brevity) under section 391 r/w section 394 of the companies act for according sanction by this court for the scheme/arrangement embodied in the composite scheme of arrangement (ex. 'g') entered into between the three companies viz., eicher limited .....

Mst. Somwati Tiwari and ors. Vs. People in General

Court : Madhya Pradesh

Reported in : AIR2003MP278; 2003(1)MPHT340; 2003(3)MPLJ2512

..... the applicants against the order by which their appeal challenging the order of the rejection of their application under section 372 of the indian succession act, 1925 (hereinafter to be referred to as 'the act') has been dismissed.2. both the courts below have taken the view that the court in which the application under section 372 ..... this view of the matter the court at satna had the territorial jurisdiction to entertain the application under section 372 of the act for grant of succession certificate when there was no opposition by anyone. it is true that the application was not properly drafted and it was not specifically stated ..... under section 372 of the act to make up that drafting deficiency. that application is allowed in the interest of justice. the amendment be incorporated in the original application before the court where that application was submitted. the courts should be sympathetic to the plight of the heirs who have applied for succession certificate. they should extend to .....

Malwa Vanaspati and Chemical Co. Limited Vs. Regional Provident Fund C ...

Court : Madhya Pradesh

Reported in : (1976)ILLJ307MP

..... it appears, has been specially enacted to avoid the difficulties in a suit under section 69 of the contract act which were considered by their lordships in the decision quoted above. consequently, in our opinion, after the amendment of the act and modification of the scheme me contentions raised by learned counsel for the petitioner cannot be accepted.8. ..... counsel for the respondent, on the other hand, contended that after the decision in orissa cement ltd. and ors. v. union of india and ors. the act and the scheme under the act have been amended. the contention that was raised before their lordships of the supreme court has now been specifically met by an ..... amendment and in insertion of a new section 8a in the act. at the same time, the scheme as also been amended and the labourers employed through contractors have also been specifically covered under the scheme under the act. learned counsel also contended that on inquiry it was found .....

K.P. Sons Vs. Sales Tax Officer and anr.

Court : Madhya Pradesh

Reported in : [1987]67STC38(MP)

..... illegal, void and without jurisdiction and therefore, deserves to be quashed by this court.10. the return submitted on behalf of the revenue stated that the amendment in section 2(o) of the act does not suffer from any vices of illegality. it is also not ultra vires on the ground of legislature's competence.11. regarding the provisions of ..... any vices, and on this count, it deserves to be declared ultra vires.13. therefore, the contention of the assessee-firm that the amendment as has been made to section 2(o) of the act, i.e., its explanation clause, is discriminatory in nature inasmuch as it subjects the tax-paid packing material to sales tax and as such ..... the value of tax-paid bardana.9. however, while advancing the arguments on behalf of the assessee-firm, it has been submitted that the amendment introduced by explanation to section 2(o) of the act is illegal, void and without authority of law as it is discriminatory in nature inasmuch as it subjects the tax-paid packing material which .....

indore Development Authority Vs. Shri Ram Builders and ors.

Court : Madhya Pradesh

Reported in : AIR2009MP169

..... thus, there is no scope for speculating about the said intention of the parliament by reading section 23(1-a) in isolation without reference to section 30(1) of the amending act.20. in s.l. srinivasa jute twine mills (p.) ltd. v. union of india and anr. : (2006) 2 scc 740 : 2006 air scw 1025 a two-judge bench of ..... the said case, it was further held that under section 23(1-a), an obligation has been imposed to pay an additional amount which did not exist prior to the amending act. if the said provision is applied to the acquisition proceedings which commenced prior to its enactment and an additional obligation in the matter of payment of compensation is imposed for ..... . emphasis has also been laid on the decision rendered in k.s. paripoornan v. state of kerala : air 1995 sc 1012 wherein the majority has expressed the view that the amending act 68 of 1984, the payment of additional amount under section 23(1-a) would be restricted to matters referred to in clauses (a) and (b) of sub-section (1) .....

Jagannath Prasad Vs. State of M.P. and Others

Court : Madhya Pradesh

Reported in : AIR2001MP309; 2001(3)MPHT81; 2001(2)MPLJ542

..... , therefore, implied classification, if any, is reasonable and logical, and there is no discrimination at all. the pending cases would positively get affected by the relevant amendment providing for express retrospective operation.17. consequently, the answer to the question referred to is that the freedom-fighter is entitled to pension from the date of order ..... significance, be presumed to be the true one.16. in my considered opinion, the object underlying the amended provision was to ensure that a person who submits an application for the award of 'samman nidhi' must act with diligence and furnish all the evidence and the materials sought to be relied upon in support of his ..... had acted in accordance with the law, remains open for adjudication. this view is supported by the view taken by hon'blc the apex court in m/s. bijoya lakshmi cotton mills ltd. v. state of west bengal, reported in air 1967 sc 1145.10. regarding the contention of the learned counsel that the relevant amendment .....

Brijendra Kumar Agarwal Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ710

..... . the contentions raised in the returns are also more or less similar. the only contention urged by the learned counsel for the petitioners is that the amendments to the act and the rules were not made expressly retrospective and there is nothing in the provisions to indicate the intention to give them retrospective effect and, therefore, ..... . rule 22 and the succeeding rules deal with applications for grant of mining leases and their disposal.5. we will now refer to the relevant amended provisions of the act and the rules. the scheme of section 4 has been retained substantially though it is made inapplicable to prospecting operations undertaken by certain public sector bodies ..... letter annexure-k dated 11-9-1987, the state government required the petitioner to conform to the requirements of the amended provisions of the act introduced by the central act no. 37 of 1986 and the amended rules. this was evidently based on annexure-l letter dated 9-5-1987 of the central government to the state .....