Court : Madhya Pradesh
..... cause of action against the district and session judge such application was dismissed vide order dated 7.4.2013. subsequent to it, impugned three applications proposing the amendment in the plaint regarding alleged activities of the officials of the district and sessions judge and the prayer clause for issuing perpetual injunction against it and for grant ..... disputed land so also the prayer clause for issuing perpetual injunction against such authority. in addition to it, by way of separate application earlier also proposed some amendment to insert the pleadings regarding acquisition of the right over the property under the provision of the madhya pradesh krishi proyajan ke liye upyog ki j.rahi dakhal ..... by other party in accordance with the procedure and scheme of order 1 rule 10 of cpc read with the provisions of section 52 of t. p. act. in a title suit the title of the transferee is also involved and therefore, such person who wants the declaration or some other relief of title may .....
Tag this Judgment!Court : Madhya Pradesh
..... had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws(amendment) act, 1976, and whether or not a decree of nullity is granted in respect of that marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this ..... late gangaram for compassionate appointment, the appellants herein had passed an order annexure p/3 dated 26.06.1999, by which, both the wives were directed to file succession certificates. it appears that matter travelled to the civil court and before the civil court a compromise had arrived at between both the wives. as per order dated ..... the appellants in bhagwandas (supra) does not consider the correct position of law and has been decided without considering the provisions as contained in section 16 of the hindu marriage act, 1955 and on the basis of which, the appellants herein was not entitled to reject the claim of the respondent.9. now, the contention of the .....
Tag this Judgment!Court : Madhya Pradesh
..... on his death on 15.3.1949 which got crystallized in view of the provisions of the hindu women's rights to property act, 1937 (hereinafter referred to as 'the property act') and the hindu succession act of 1956 (hereinafter referred to as 'the succession act') and in such circumstances the claim made by her in the suit could not have been ..... is being claimed by gulab dulaiya.12. the learned counsel for the respondents further submits that the plea of unchastity was taken up by the respondents by amending the written statement on 12.3.1981 shortly after filing the written statement and thereafter on account of conclusive evidence led by the defendants, specifically the statement ..... rights in the property which ceased to exist on her becoming unchaste.6. it is submitted by the learned senior counsel for the appellant that the subsequent amendment in the written statement, the reply to the notice given by kanhaiyalal vide exhibit p-2 and para-9 of the written statement make it abundantly clear .....
Tag this Judgment!Court : Madhya Pradesh
..... regard to the property or things referred to in the will. the principle governing wordings of the will and its interpretation are laid down in chapter 6 of the indian succession act. it is settled law that in determining the real intention of the testator entire document has to be construed as a whole. no word, phrase or clause should be ..... a document fulfilling the requirement of being an instrument executed for transfer of property.11. so far as the will is concerned, under section 2(h) of the indian succession act, 1925 a will is defined to mean a legal declaration of the intention of a testator with respect to his or her property which he desires to be carried ..... filed the appeal before the s.d.o. jabalpur under section 44(1) originally, in the memorandum of appeal he filed 10 documents. thereafter he filed an application for amendment under order vi rule 17 cpc and subsequently on 14.6.2007 filed his affidavit along with a return of the respondents in the appeal, that is.. of professor c .....
Tag this Judgment!Court : Madhya Pradesh
..... and the rate of heinous offences, mercenary killings and the path paved by some who have taken the killings to be profession and political murders.the rules have been amended. in this context, we may note with profit how a division bench of this court in w.p.no.1618/2006 had observed the abuse of the provisions. ..... which the judgment of conviction and sentence was passed. in the case at hand, the rules have been amended. needless to emphasize, they are statutory in nature. they have been framed in exercise of powers vested under section 9 of the 1954 act. they are not executive instructions. in view of the aforesaid, the decisions rendered in mahendra sing (supra ..... (hereinafter referred to as act .).the sole contention of the petitioner before this court is that the rule 4 of m.p.prisoners release on probation rules, 1964 (hereinafter referred to as the rules .) have been amended vide notification dated 24.3.2008 while the applicants were convicted prior to it, so the earlier rule as was in .....
Tag this Judgment!Court : Madhya Pradesh
..... been placed on record to indicate that such a registered document was actually sent by registered post to the petitioner by the respondents. even with the reply to the amendment application, such facts have not been clearly mentioned not any documents have been placed on record, therefore, it cannot be said that the petitioner was in fact ..... by recording evidence is also not to be accepted. this is being held by this court because even when certain documents obtained by the petitioner under right to information act were produced before this court with the rejoinder, proper explanation of the same was not given by the respondents. thus, it cannot be said that the petitioner ..... at the same time, by filing a rejoinder, the petitioner has pointed out that information with respect to the working of the petitioner was sought under right to information act and as is clear from the document, the petitioner was allowed his joining even after 17.1.2009. till that time, the report was not drawn in the .....
Tag this Judgment!Court : Madhya Pradesh
..... .11.1985 and because the property in question is ancestral and was of their grandfather, therefore, they are having equal share in it in terms of section 6 of the amended hindu succession act, 1956 and, therefore, in case the suit property is alienated by the first defendant, the plaintiffs shall suffer irreparable loss and, therefore, by allowing this appeal the impugned order be .....
Tag this Judgment!Court : Madhya Pradesh
..... answer as option c .on family partition, wife also gets equal share to that of a son. the daughters have also been recognised as co-parcerners after the amendment in the hindu succession act in the year 2005. therefore, the daughters are also entitled to equal share to that of son. thus, the correct answer to the aforesaid question is a ..... to work is a - (a) directive principles (b) constitutional duties (c) fundamental right (d) none of the above q.119 suit for partition and possession of joint hindu family property which is ancestral by son/ plaintiff. plaintiff having one brother and three sisters apart from parents. in the suit property the plaintiff is entitled for - (a) 1 ..... been indicated in model answers and , therefore, the petitioner is entitled to six marks. it is also submitted that illustration appended to section 164 of indian evidence act, 1872 shows that correct answer to question no.38 is option 'a'. it is urged by learned counsel that question no.56 is based on section 72 of .....
Tag this Judgment!Court : Madhya Pradesh Indore
..... dated 17.05.2006. this has already been answered against the petitioner, because the order of reference under section 10 of the id act has been issued after taking into consideration the effect of mpir amendment act, 2000. 19. lastly, it has been contended that the learned tribunal was required to strike a balance with financial status of the ..... reference that notice of change by first party was served as per section 31 (2) of the mpir act on 19.11.1998. mpir amendment act, 2000 was enforced with effect from 17.05.2006 with the effect that mpir act is no longer applicable to the employees of the mp state road transport corporation, in view of the notification ..... be one in whose employment, non-employment, terms of employment or conditions of labour the workmen as a class have a direct or substantial interest. we may successfully refer to the decision of the apex court in the case of workmen of dimarkuchi tea estate v. management of dimakuchi tea estate air 1958 supreme court 353. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... will provide special consideration to these cases and will curtail the delay in the process of modification in development plan."25. section 23-a of the act as amended by amendment act of 2005 reads as under:-"23-a. modification of development plan or zoning plan by state government in certain circumstances.-(1)(a) the state government ..... as we are bound by the judgment of the division bench in madan parmaliya (supra). we, therefore, hold that section 23-a of the act, as amended by the amending act 2005, is intra vires.12. before proceeding to deal with the challenge to the validity of the notifications (annexures-p/1 and p/2) ..... minto hall is being converted into modern conventional hall by experienced conservation architect firm, m/s. cultural resource conservation initiative new delhi (crci) which has successfully undertaken various works of conservation of main structure of heritage in india. after a series of long discussions and deliberations, the project has been undertaken which is .....
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