Court : Madhya Pradesh Jabalpur
..... effective directions can be issued compelling the state legislature to legislate to recognize a particular system of medicine, on the contrary prohibition has been carved out by amending act of 1973 not to impart medical education except the system of medicine recognized by the state government. it was also made clear by division bench of this ..... iv) in section 2(b). earlier 'medicine' used to mean; (i) the medicine within the meaning of clause (f) of section 2 of the indian medical council act, 1956, (ii) medicine in homeopathy and biochemistry within the meaning of clauses (1) and (3) respectively of section 2 of the madhya pradesh homeopathic and biochemic ..... systems". the definition of medicine is quoted below :-2(b) : "medicine" means-(i) medicine within the meaning of clause (f) of section 2 of the indian medical council act, 1956 (no.102 of 1956);(ii) medicine in homeopathy and biochemistry within the meaning of clauses (1) and (3) respectively of section 2 of the madhya .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... failed to prove their acquisition of title over the property in the family arrangement by any admissible document. in view of the amendment in the provisions of the stamp act and the registration act, the oral partition or family arrangement of joint hindu family property, is neither permissible nor admissible. the same could be considered ..... title of the respondents or their predecessor with respect of the premises thus the argument advanced by the appellant's counsel on the basis of stamp act and the registration act, are not helping him. even otherwise, in view of the aforesaid discussion, if it is deemed that respondents had a limited title over the ..... , decreeing the suit of the respondents against him for eviction under the provisions of transfer of property act, his appeal has been dismissed.2. it is undisputed legal position that the provisions of m.p. accommodation control act, 1961 are not made applicable to town timarni, district harda where the disputed premises is situated.3 .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... died, on which her name was deleted from the record. it also appears from the record that subsequent to substitute the name of respondent on record by way of amendment also pleaded his bonafide genuine requirement of the accommodation in dispute for his business for which he did not have any other suitable or convenient accommodation of his own ..... , inspite that taking into consideration such other premises the decree has been passed on the ground of sub tenancy against him under section 12 (1) (b) of the act. lastly, he said that the disputed premises was never used by the appellant for any inconsistent purpose for which it was not let out to him and prayed for admission ..... out the defence of the respondent on account of non depositing the rent and pursuant to that passing the decree of eviction under section 12 (1) (a) of the act are concerned, the concurrent findings on such ground being in consonance with evidence, in view of the law laid down by the apex court in the matter of jamnalal .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... by the respondent no.1, state bank of india. his contention is that merger of the respondent no.2 with the respondent no.1 can only be done after amending the 1955 act. it was argued that the proposal for acquisition of respondent no.2 ought to have been initiated by the respondent no.1 whereas in the instant case the respondent ..... vashrambhai and others, (2006) 12 scc 360; balco employees' union (regd.) vs. union of india and others, (2002) 2 scc 333; k.a. nagamani vs. indian airlines, (2009) 5 scc 515; indian airlines officers' association vs. indian airlines ltd. and others, (2007) 10 scc 684; and raunaq international ltd. vs. i.v.r. construction ltd. and others, air 1999 sc 393.11. we .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Petitioner by way of present petition filed under Article 227 of the Constitution of India calls in question the legal tenability of the order dated 12.5.2010 passed by Civil Judge, Class I, Maihar, District Satna in Civil Suit No. 6A/2007; whereby application preferred by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure seeking replacement of the entire written statement filed by him was rejected.2. The petitioner is defendant No. 2 in a suit filed by respondent No. 1/plaintiff. The suit is for declaration and for permanent injunction in respect of suit property which is a house situated in Ward No. 12, Satna Road over a land bearing number 14/4/4 admeasuring 30 x 58 = 1740 sq.ft.3. On being noticed in the suit, petitioner/defendant No. 2 entered his appearance through one Counsel Shri Arjun Singh and filed the written statement duly verified by him. The said written statement contained signature of the petitioner on each page of it. Thereafter, the Trial Court f...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... issues relating to counterfeiting. learned counsel has drawn our attention to the statement of object and reasons of amendment incorporated in the coinage act, 1906, by way of amending act no.33 of 1985 to contend that section 6 of the coinage act was enacted to enable the central government to import coins from foreign countries. thus, the statement of object ..... another, etc. etc. vs. jagannath maruti kondhare, etc. etc., air 1996 sc 2898.14. a division bench of this court in the `ad hoc' committee, the indian insurance company association pool, bombay vs. smt. radhabai, air 1976 mp 164 while considering the question of liability of the state in respect of the tortuous ..... the same is the ratio decidendi of the case. we may also refer to the provisions of the coinage act, 1906. the statement of object and reasons appended to the amending act no.33 of 1985 reveals that section 6 was amended with a view to enable the central government to import coins from foreign countries. section 6(2) of .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... in the written statement of the appellants at the initial stage when the same was filed but subsequently, such mistake was rectified by way of amendment in the written statement and after such amendment, the same had gone to relate back from the date of filing the written statement and, in such premises, the impugned decree on the ..... dismissing the counter claim of the appellants decreed the suit of the respondents for eviction on the grounds enumerated under section 12(1)(a) and (c )of the act, on which, the appellants filed the appeal challenging the aforesaid decree. on consideration, by allowing such appeal in part, the decree of the trial court passed under ..... was not paid even after making demand. with these pleadings, the suit for eviction on the ground available under section 12(1)(a) and (c ) of the act is filed.6. in the written statement of the respondents, beside the aforesaid undisputed facts, the relationship of the respondents with sunder lal and chhotelal as stated by them .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... judge (lokayukt), jabalpur in special case no. 8/2004, disposing of the application filed by the complainant/respondent no.2 under sections 63 and 65 of the indian evidence act, seeking permission to adduce secondary evidence.2. in brief, facts of the case are that the petitioner/accused s.k.singh, who was posted as inspector in ..... contradiction only, but, when duly proved by satisfactory evidence of what was found recorded and of absence of tampering, it could, subject to the provisions of the evidence act, be used as substantive evidence. thus, when it was disputed or in issue whether a person's speech, on a particular occasion, contained a particular statement there ..... and the probative value of the cassette shall depend upon the proof of requisite conditions as provided in the provisions of sections 63 and 65 of the evidence act.6. aggrieved by the said order, petitioner (accused) has filed this petition.7. learned counsel for the petitioner submitted that it was not established by the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the material with regard to implementation of rehabilitation and resettlement policy is in the special knowledge of state government in view of section 106 of indian evidence act. the government of madhya pradesh is also under an obligation to implement provisions of rehabilitation and resettlement policy and to accord all the benefits ..... in the year 1989. since the periodical updating of rehabilitation and resettlement policy is a necessity therefore the state cabinet took a decision that routine amendments be carried out with the consent of rehabilitation department and approval of concerned minister and in case of difference of opinion between two departments, the ..... grants and assistances, as per the rehabilitation & resettlement policy.(iii) declare the alleged order of narmada valley development department, gomp dated 7.06.91 relating to amendment of para 5.1 of the approved rehabilitation & resettlement policy of gopm, as of no consequence, on the grounds that it is ultra vires of the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... in accordance with law or can be disapproved or can be distinguished then the single bench shall refer the matter to the larger bench. thereafter, due to amendment made in the high court rules, the petitions under article 227 were heard by the division bench of this court and the question of maintainability was decided vide ..... has been applied for, in our opinion, various aspects have to be considered including the effect of non filing of the application under section 5 of limitation act seeking condonation of delay. overall conduct of the applicant has to be considered during the trial, circumstances in which he was proceeded ex-parte. mere filing of ..... appeared before the trial court, written statement was also filed. as the rent was not deposited, an application under section 13(6) of m.p. accommodation control act, 1961 was filed. the trial court ultimately ordered striking-off the defence of defendants/tenants. thereafter, defendants were proceeded ex-parte. the civil suit was filed in .....
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