Court : Madhya Pradesh
Decided on : Jan-07-2009
Reported in : AIR2009MP129
..... only this much is required to be seen that the application is bona fide or not. thus, according to us, learned trial court has acted illegally in rejecting the application of amendment filed by plaintiff. according to us, merely on the ground of delay in the present facts and circumstances of the case, the application should ..... , during the pendency of civil suit, as alleged by plaintiff, the patta of the suit property has been granted to defendants by the state government, therefore, the proposed amendment is based on subsequent events, and, therefore ..... in the amendment application, it is revealed that during pendency of the suit defendant no. 1 has become title holder as stated by the plaintiff and, therefore, in view of clause (a) of sub-section (1) of section 13 of the specific relief act, the plaintiff has a right to ask for specific performance of contract. since .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-16-2009
Reported in : AIR2009MP92
..... election scheduled to be held after 40 days from the original date of election as null and void because such declaration would be contrary to the object of the act as discussed above, namely the early elections to the vacancies in the offices of elected members of the board for ensuring a democratic cantonment administration.8. mr. ..... government of india, ministry of defence, new delhi, issued another notification dated 3rd october, 2008 under sub-section (1) of section 15 of the act read with rule 20 of the cantonment electoral rules, 2007, (for short 'the rules') fixing 14th december, 2008 to be the date on which elections to the cantonment ..... dated 10th september, 2008 issued by the government of india, ministry of defence, new delhi, under sub-section (1) of section 15 of the cantonments act, 2006 (for short 'the act'), 9th november 2008 was fixed as the date on which the elections to the cantonment boards of jabalpur, saugor and mhow shall be held. thereafter, the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-19-2009
Reported in : 2009(4)MPHT197
..... p. purushottam reddy and anr. v. pratap steels ltd. : (2002) 2 scc 686, the supreme court has held as under:it was a settled position of law before the 1976 amendment that the court, in an appropriate case could exercise its inherent jurisdiction under section 151, cpc to order a remand if such a remand was considered pre-eminently necessary ex ..... and a retrial is considered necessary. on twin conditions being satisfied, the appellate court can exercise the same power of remand under rule 23a as under rule 23. after the amendment, all the cases of wholesale remand are covered by rules 23 and 23a. in view of the express provisions of these rules, the high court cannot have recourse to its .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-2009
Reported in : 2009(3)MPHT519
..... seek to interpret it 'according to the intent of them that made it. if it were the case that it appeared that an act might have been better drafted, or that amendment to it might be less productive of anomalies, it is not open to the court to remedy the defect. that must be left to the legislature.13. ..... . : air 1992 sc 1789, again the supreme court has reiterated the same principle by holding that where there appears to be inconsistencies in two sections of the same act, the principle of harmonious construction should be followed in avoiding a 'head on clash'. the supreme court further held that the provision of one section of statute cannot be ..... the decision of krishna kumar (supra), which reads thus:11. it is settled principle of interpretation that where there appears to be inconsistency in two sections of the same act, the principle of harmonious construction should be followed in avoiding a head on clash. it should not be lightly assumed that what the parliament has given with one hand .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-2009
Reported in : 2010CriLJ73
..... meted out to the woman soon before her death.section 113-b of the evidence act is also relevant for the case at hand. both section 304-b of the ipc and section 113-b of the evidence act were inserted by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. ..... within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates. ..... offence of dowry death as well as for raising a presumption under section 113-b of the evidence act, the expression 'soon before her death' used in the substantive section 304-b, ipc and section 113-b of the evidence act is present with the idea of proximity test. no definite period has been indicated and the expression 'soon .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-2009
Reported in : 2009(2)MPHT186
..... court was right in allowing the appeal by drawing an adverse inference in accordance with the provisions of section 114(g) of the indian evidence act, 1872 (hereinafter referred to as 'the evidence act').6. before i advert to the discussion on the aforesaid substantial question of law, it is appropriate to take note of the ..... rejected.22. from a perusal of the record, it is clear that the pleading regarding non-availability of an alternative suitable accommodation stands deleted in the amended plaint and, therefore, the appellant/plaintiff has not made any specific pleading in writing to the effect that no alternative suitable accommodation is available with her ..... second appeal filed by the tenant.25. apparently, the facts of the present case are totally different. in the instant case, though in view of the amendment in the plaint, the pleadings in respect of availability of an alternative suitable accommodation are not there in the plaint but specific and categorical statement to that .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-27-2009
Reported in : AIR2009MP143
..... senior counsel for the petitioner submitted that the section does not provide for deemed supply. it is contended by him that similar provisions have been stipulated under the indian electricity act, 1910. in essence, the submission of learned senior counsel is that in the absence of such terms in the section, such postulating cannot be engrafted into ..... the agreement between the parties confers power on the state government to recover water rates in case the state government decides in future and the state government made amendment in the 1974 rules. rule, 71-a(2) provides that the agreement shall be executed in form 7a. form 7-a requires the user to execute ..... conditions of the agreement. it is also reiterated that the agreement cannot be superseded by introducing rule 71-a in the rules.9. be it noted, after amendments were incorporated, an additional return was filed by the respondents stating, inter alia, that ban sagar project was erected and constituted and there was an agreement with .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-12-2009
Reported in : 2009(2)MPHT357
..... the municipality unless sooner dissolved, shall be five years from the date of its first meeting. here it is noteworthy that the municipalities act has been amended by amending act no. 18 of 1997. before the amendment the president of the municipality was to be elected as per provisions of section 55 by the councillors in the first meeting of the ..... saraf (supra), requires reconsideration by a larger bench inasmuch as the said decision has not considered the effect and impact of the provisions brought by way of state amendment act no. 11 of 1999.(e) if the ratio of the full bench decision is applied the intention of the legislature would be totally defeated inasmuch as fixation of ..... it is submitted by mr. mathur that the period of municipal council has to be five years and that is the legislative intendment of the 1961 act which has been amended by act no. 18 of 1997. emphasis has been laid on the concept of co-terminus to pyramid the proponement that once the term of the president is .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-13-2009
Reported in : 2009(4)MPHT44
..... 9. in lachmandas (supra), moreover, the majority speaking through s.r. das, j., found that the avowed object of the bombay act recited in its preamble was the expediency of consolidating and amending the law relating to public safety, maintenance of public order and maintenance of supplies and services essential to the community in the state of ..... constitutional provisions. nonetheless, the suggestions made by mr. jain may be considered by the sub-committee, the rule committee and the high court and, if thought necessary, amendments may be made to the rules of 2008.17. mr. j.p. sanghi, learned senior counsel appearing for the intervener contended:(i) in chapter viii of the ..... the inconvenience of the litigants and the advocates and may be considered by the sub-committee, the rule committee and the high court and, if thought necessary, amendments may be made to the rules of 2008.19. regarding the contention of mr. sanghi that the registrar has been vested with powers under chapter v rule 1 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-13-2009
Reported in : 2009(2)MPHT479
..... entry 90 in the ninth schedule of the constitution with effect from 10th august, 1975 by the thirty ninth constitution amendment and therefore, the provisions of sections 10 and 24-a of the act of 1957 impugned in this writ petition will be constitutionally valid and will receive the protection of article 31-b of ..... part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal or amend it, continue in force.in keshwanand bharati (supra), decided on 24th april, 1973, the majority of the judges of ..... the case of keshwanand bharati (supra), the ninth schedule to the constitution was amended from time to time to include various acts and regulations and a question arose before the supreme court in waman rao (supra), whether such constitutional amendments to include acts and regulations in the ninth schedule are constitutionally valid and the supreme court held .....
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