Court : Madhya Pradesh
Reported in : (2008)218CTR(MP)512
..... directing the cit (administration) to extend the benefit of registration under sections 12a and 12aa of the act to the assessees in spite of the fact, there has been amendment of sections 10(20) and 10(29) of the act solely on the foundation that they are entitled to registration as the activities of the institutions partake ..... cit(a), but a correct opinion has been expressed by the tribunal after analysing the 1972 act, and hence, concurrence with the order passed by the tribunal by the division bench is absolutely correct.(iii) the amendment that has been introduced amending the provision under section 10(20) and omitting the section 10(29) does not really ..... affect that status of krishi upaj mandi samitis for getting registration in the absence of amendment of section 2(15).(iv) the grant of registration is a condition precedent for claiming exemption under section 11 of the act and division bench though has opined that it is eligible for grant of exemption, the said opinion .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP227; 2008(3)MPHT315
..... 12, which reads thus:12. it was also argued for the appellant that there was no proof that the will was duly attested as required by section 63, indian succession act, and that it should therefore be held to be void. p.ws. 1 and 2 are the two attesters, and they stated in examination-in-chief that the testator ..... wife under the hindu marriage act. the department of pension and pensioners' welfare have since clarified that the second wife will not be entitled to family pension as a legally wedded wife. a ..... office memorandum which is the decision of government of india clarifying the position that second wife is not entitled to the family pension in lieu of the provisions of hindu marriage act. we think it apposite to quote clause 13 of the office memorandum which reads thus13. second wife not entitled to the family pension as a legally wedded .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP193
..... the meaning of 'banking company' clear beyond doubt to mean 'a company engaged in banking, and not a co-operative society engaged in banking' and in act no. 23 of 1965, while amending the br act, it did not change the definition in section 5(c) or even in 5(d) to include co-operative banks; on the other hand, it added ..... a separate definition of 'cooperative bank' in section 5(cci) and 'primary co-operative bank' in section 5(ccv) of section 56 of part v of the br act. parliament ..... expressly deleting/inserting clause (cci) in section 5. the parliament in its wisdom had not altered or modified the definition of 'banking company' in section 5(c) of the br act by act no. 23 of 1965.31. as noticed above, 'co-operative bank' was separately defined by the newly inserted clause (cci) and 'primary co-operative bank' was similarly separately .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)14VST586(MP)
..... the commerce and industries department of the government of madhya pradesh as a dealer establishing a new industrial unit or undertaking expansion in the existing industrial unit' while the amended sub-clause (ii) provides 'who hold a letter of intent/licence/i.e.m. issued by the government of india or (emphasis1 supplied) are registered with ..... as the appeals came to be dismissed the petitioners have filed these petitions.6. shri shashank verma, learned counsel for each of the petitioner submitted that the amendment made in the original notification dated october 6,1994 was per se illegal and contrary to the assurance given to the entrepreneurs who wanted to enter into the ..... are unable to hold that the amendments made by the notification dated june 9, 2000 in the original notification dated october 6, 1994 are ultra vires the constitution or are ultra vires the provisions of the state act or the central act or are running contrary to the original scheme dated october 6, 1994.12. so far as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2008)DMC867
..... under section 13 of the hindu marriage act on 15.7.1998 alleging that the marriage of the appellant took place with respondent on 13.5.1994. in the first year of marriage respondent lived with the appellant ..... n.k. mody, j.1. being aggrieved by judgment and decree dated 15.2.2001 passed by additional district judge, khachroad, district ujjain in civil suit no. 30-a/98, hma, whereby the suit filed by the appellant was dismissed, the present appeal has been filed.2. short facts of the case are that the appellant filed a petition for divorce .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : III(2008)BC80
..... court's jurisdiction has to be strictly construed and hence keeping in view this well-settled principle in mind and applying the same to the provisions of 'the act', the trial court should have held the suit to be maintainable for being tried on merits.10. in reply, learned counsel for the respondents (defendants) bank ..... mortgaged by plaintiff with the bank for realisation of their huge outstanding dues and accordingly the plaintiff accepted the oral request made by defendant (bank) and then acting upon such oral contract proceeded to sell the properties by giving advertisement in paper. it was alleged that contrary to this, now the defendants are resiling from ..... . code and in consequence was right in rejecting the plaint2. facts in brief are these.3. plaintiff is a limited company registered as such under the companies act and is engaged in the business of manufacturing dye intermediates and pesticides.4. the plaintiff obtained a loan facility from the defendant-bank (state bank of india) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT28
..... by the registrar, trade unions the remedy available to the petitioner was to assail the election by way of filing a dispute under section 28-j of the act (m.p. amendment) before the industrial court but the petitioner did not avail the said remedy; that the petitioner himself had contested the election and lost it and had filed objections ..... to its execution and that the statutory power carries with it the duty in proper cases to make such orders for staying proceeding as will prevent the appeal if successful from being rendered nugatory.25. we have referred to the said decision only to highlight that the apex court has expressed the opinion that the appellate authority when vested ..... that the registrar, trade unions had no power to pass any order relating to election of trade union. a reference was made to section 28-j (m.p. amendment) to highlight that the dispute may be raised and the same could be referred to industrial court in such manner as may be prescribed but the registrar has no .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP59; 2008(1)ARBLR638(MP); 2007(4)MPHT503; 2007(4)MPLJ531
..... application of mind, particularly when the very constitutionally of the amendment act was the core question before the court. it is also apparent from the further direction when the court holds:we further make it clear that the period ..... a 'law declared' within the ambit of article 141 of the constitution and the constitutional validity of the amendment act, 1971 is not open to be reagitated and that the judgment of the andhra pradesh high court holding the amendment act to be constitutionally invalid had been set aside by this court.16. in view of the aforesaid we ..... of the counsel appearing for venkatagiri when the court observed 'we are also of the view that the two amendments referred to above, are constitutionally valid', the same is unequivocal determination of the constitutional validity of the amended act, it cannot be dubbed as a conclusion on concession, nor can it be held to be a conclusion without .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT340; 2008(1)MPLJ425
..... chhotulal inherited sole right of such house and on her demise in the year 1960 the plaintiff and defendant both inherited the same in equal share under the provision of hindu succession act, 1956. in such premises the trial court committed grave error in holding the will to be a proved document. the trial court ought to have decreed her suit for ..... after closing the case for judgment on behalf of the plaintiff la. no. 9726/07, an application under order 6 rule 17, cpc for amendment in the plaint regarding the right of natural succession of saoubai after demise of her father and the particulars of her other heirs who are not alive was filed on 23-8-2007. the same ..... the same was challenged by the defendant in first appeal no. 74/1995. on consideration such appeal along with i.a. no. 7759/88 filed by the defendant to amend the written statement for mentioning the date of the will with some facts was allowed and by setting aside the said earlier judgment and decree remitted back the matter to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP98
..... date of the entry into service was introduced for the correction of date of birth in the service book. the question for consideration before the supreme court was whether amendment was applicable only to those government servants who had joined the service after 1979. the supreme court was of the view that it was not the intention of the ..... is to be noted that much after the publication of the draft scheme on 26.5.1995 the madhya pradesh nagar tatha gram nivesh (sansodhan) adhiniyam, 2004 was enacted which amended section 50 of the adhiniyam by adding proviso to sub-section (4) w.e.f. 29.12.2004, which reads as under:provided that the final publication of such ..... 1979 but in any event not later than five years after the coming into force of amendment in 1979.18. apart from any time limit fixed by the act, in our country, which is governed by the rule of law, every authority is required to act fairly and reasonably. even when no period of limitation is provided, the authority is expected .....
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