Court : Madhya Pradesh
Reported in : 1997(2)MPLJ487
..... all the items specified in the schedule. the schedule is reproduced below :-'schedule(a) all bills to be introduced or amendment thereto be moved in each house of the state legislature.(b) all acts passed by each house of the state legislature.(c) all ordinances promulgated under article 231 of the constitution of india.(d) ..... shall be deemed to be authenticated. english translation of hindi rules cannot override the original hindi text. looking to the provisions of section 4 of the act, english translation cannot prevail upon the original hindi text. if there is any conflict between english version and hindi version of the notification in notification in hindi ..... shall prevail over the english version. since under section 4 of the act, the notifications are published in hindi and english and both of them are authenticated one, the hindi version shall prevail over english version by virtue of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1997)DMC141
..... during the life-time of the first wife being void under the hindu marriage act, the petitioners had no interest whatsoever in the property of the deceased. this argument appealed the learned additional district judge, who dismissed the application for succession certificate.3. in this appeal it has been urged that the ..... under order 7, rule 11, c.p.c. the application of the appellants for a succession certificate under section 372 of the indian succession act.2. in this case it is not disputed that the application for succession certificate was filed by the appellants representing themselves to be the second wife and her son ..... learned additional district judge erred in summarily rejecting the claim without any enquiry. 4. i have heard the counsel for both parties and have perused the record. i find that the learned additional district judge overlooked the provisions under section 16 of the hindu marriage act, as amended .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ847
..... the court has no power to issue directions for admitting the applicant to bail. it has also been submitted that in certain provinces like uttar pradesh by the state amendment, the provisions of section 438, criminal procedure code has been withdrawn and, therefore, if jurisdiction under section 438 of the code is exercised by the courts having no jurisdiction ..... kb.).10. before dealing with the powers of the court under sections 437, 438 and 439 of the code, we would like to examine the scheme of the act as to the warrant of arrest and the execution thereof. section 70 of the code deals with the form of warrant of arrest and duration of the same. ..... business-distillation and export thereof. it is asserted that a case under sections 65(a), 65(b), 66(l)(b), 80, 81 and 108 of the bombay prohibition act, 1949 has been registered in maharashtra against some persons including the present applicant. some of the accused persons have been arrested. accused-applicant is also apprehending his arrest .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996CriLJ3301
..... 211 of the indian penal code,as the case may be.3. a perusal of the above provisions indicates that there is material difference between the amended and the unamended section. under the unamended statute a court was not supposed to take cognizance unless and until it was so directed by the state ..... given by the state government of the officer authorised by a notification under the section. it be seen that section 39 was amended in 1984. it would, therefore, be apt to notice the amended as well as unamended provisions. these read as under :unamended amended1. cognizance of offences. section 39. cognizance39. all offence under ..... this of offences. allact shall be cognizable. offences under thisprovided firstly that no act shall be cognizable.court shall take cognizance (provided that theof .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ192
..... as such it could not be permitted. i, therefore, agree with the learned counsel for the revisionist that the learned trial court committed an error in allowing the amendment in the written statement pertaining to the counter-claim mentioned in para 1 and relief alleged in para 5 of the application. the revision petition must, therefore, ..... right from the beginning are concerned, it may be mentioned that there is a specific provision in this regard in section 37 of the m. p. accommodation control act and the tenant has remedy available to him under section 37. section 45 bars the jurisdiction of civil courts with respect to the matters mentioned therein. thus, ..... was entitled to a relief of mandatory injunction as well as to prohibitory injunction and/or recovery of possession. these averments clearly go to show that the complained acts were performed by the plaintiff after filing of the written statement. the provisions of order 8, rule 6a are very clear and they permit a counter-claim with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1997]226ITR401(MP)
..... is an acquisition. it cannot be gainsaid that the acquisition can be by 2 modes i.e. by way of transfer under transfer of property act and by way of succession under indian succession act. in either of the case, in my opinion, the title passes to the transferee. the accommodation is acquired by transfer irrespective of whether it ..... tenant i.e. ramsewak has built a house and started residing with his family members in the same house. theground was available against the tenant. thesuccessors by amending the plea wanted tosubmit that some of the sucessors of thetenant were still residing in the suit premisesand only one son of deceased ramsewak wasresiding in nehru nagar ..... alone had become landlord of the premises. we are satisfied that it would be unreasonable to hold that allotment of one parcel of property belonging to an undivided hindu family to an individual coparcener as a result of partition is an acquisition of the said coparcener within the' meaning of section 14(6).'5. the supreme .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ629
..... undertaking' wholly or substantially owned by the state government within the meaning of section 2(l)(g) of the adhiniyam, as it stood prior to its amendment by m. p. act no. 9/90 with effect from 24-4-1990. placing reliance on the observations of shah, j. in case of rajasthan state electricity board jaipur ..... government.'after substitution, the definition clause (g) reads thus :-'(g) 'public undertaking' means a government company within the meaning of section 617 of the companies' act, 1956 (no. 1 of 1956) and includes a corporation or other statutory body by whatever name called in each case, wholly or substantially owned or controlled by ..... petitioner madhya pradesh electricity board (for short the 'board') is a statutory body corporate constituted and established under section 5 of the electricity (supply) act, 1948 (for short the 'act of 1948'). the respondent no. 2 is an engineering company who carries on civil construction work. an agreement of construction of 45 meter high masonry- .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ267
..... elected ?point no. (i) :6. chapter ix-a comprising articles 243p to 243zg was incorporated in the constitution of india by the constitution (seventy-fourth) amendment act, 1992. articles 243g to 243z deal with constitution and composition of municipalities, ward committees, reservation of seats, duration of municipalities, disqualifications for membership and other matters. ..... are thus fortified in our view that a candidate at an election to the office of president and vice-president can file election petition against a successful candidate. section 22 which deals with grounds for declaring election to be void refers to the ground of improper acceptance or refusal of any vote or ..... void cannot be sought. this contention is highly legalistic and does not take into consideration the changes brought about in the legislative scheme by the amendment act, 1994. it is true that the legislature which shifted from section 45 to section 43 the requirement of gazette notification in the case of election .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)IILLJ515MP; 1996(0)MPLJ262
..... (c) of sub-section (1), he was in receipt of - (i) where such termination of his employment is before the commencement of the payment of gratuity (amendment) act, 1984 (25 of 1984), wages exceeding one thousand rupees per month, and (ii) where such termination of his employment is after such commencement, wages exceeding one thousand ..... attained finality as the dispute relating to termination is sub-judice, before the labour court, the petitioner was guilty of causing loss and damages because of his act of wilful slowing down in performance of his work of the undertaking. after enquiry, the controlling authority, vide order dated june 12, 1990 (annexure 9-4 ..... enquiry from service on a charge of misconduct under clause 12(1)(m) of the statutory standing orders, framed under m.p. industrial employment (standing orders) act, 1961. against the order of said dismissal the respondent no. 4 raised anindustrial dispute which was referred for adjudication of labour court no. 2 at bhopal, which .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ339
..... in my opinion, the defendants cannot make out a case for grant of amendment.5. it is a trite law that unless prejudice is shown, the question or jurisdiction or the court-fee would not be considered for the first time by the appellate court. successful reliance can be placed on kiran singh v. chaman paswan, air 1954 sc ..... suit. the appellants contend that after the second power of attorney was executed, the document should have been represented for re-registratioh under section 23a of the registration act and as the document was not presented for registration within the period of four months, the plaintiffs could not be permitted to take advantage of the second power of ..... attorney shall alone be recognised, namely :-(a) if the principal at the time of executing the power of attorney resides in any part of india in which this act is for the time being in force, a power of attorney executed before and authenticated by the registrar or sub-registrar within whose district or sub-district the .....
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