Court : Madhya Pradesh
..... singh (supra), the dispute was in respect of ownership of the land and the application of the provisions of the law made in the year 1950. the amendments made in the said act were not in the same manner as have been prescribed in the code, with the explanation clause and, therefore, in our considered opinion the said law would ..... has been pointed out herein above, while challenging the validity of section 168 of the code where the lease is prescribed, an attempt was made by the petitioner to amend the writ petition, which application was rejected only on the ground that there is no notification issued in that respect in exercise of power by his excellency the governor ..... for the said purpose no relief is claimed in the present writ petition. there is no challenge to the specific provisions of section 165(6) of the code. the amendment in the writ petition, which was earlier applied for by the petitioner, was rejected solely on the ground that the provisions of section 168(1) of the code cannot .....
Tag this Judgment!Court : Madhya Pradesh
..... provisions. 6. this very question was considered by the division bench of our high court in the case of fatehchand (supra). the division bench opined that the amendment act was not made retrospective in nature either expressly or impliedly. in absence thereof, it was required to be treated as prospective in nature. relying on the decision ..... guarantee of equal protection of laws embodied in article 14 of the constitution. in our opinion, the benefit of upper limit of court fees prescribed by the amendment act, must be applied uniformly to all litigants instituting their claim after 02.04.2008 be it in the form of plaint before the subordinate court or memorandum of ..... the official purposes of the state shall be the devanagari form of numerals:provided that the state government may, bynotification, authorize the use of the international form of indian numerals for any official purpose of the state.] 23. the full bench of our high court in the case of mangilal and another vs. board of revenue, .....
Tag this Judgment!Court : Madhya Pradesh
..... as per paid-up capital company had only rs.1,94,255/- and company did not have requisite share capital in terms of section 3(3) of companies amendment act, 2000 which requires the minimum paid-up share capital upto rs.5,00,000/-. it is urged that as per sub section 3 and subsection 4 of section ..... unless there are special circumstances against restoration it should be the endeavour of the courts to support reform of company rather than doing otherwise. same view is taken in indian gasohol ltd. (supra). in sitaram singh construction (supra) also the court opined that normally the company should be restored. in animesh poly industries and in gautam buddha ..... ors.) reported in 2012 ii ad (delhi) 574, [2012] 107 cla 506 (delhi). (bhogilal chimanlal vs. registrar joint stock companies and ors.) reported in air 1954 mp 70. (indian gasohol ltd. vs. the registrar of companies) reported in 2009 (iv) mpjr 151 (sitaram singh construction p. ltd. vs. union of india and another) reported in [2010] 156 .....
Tag this Judgment!Court : Madhya Pradesh
..... in reply, learned govt. advocate submits that in exercise of the powers conferred by subsection (1) of section 15 of mines and minerals (regulation and development) act, 1957, the state government amended the m.p. minor mineral rule, 1996 w.e.f. 23rd march, 2013 and as per 3rd proviso of sub-rules (1) of rule 68, ..... proper for clearing the bills in the given set of circumstances, as may be indicated by the petitioner.' 5. learned counsel for the petitioner submits that the amended provisions of rule 68 of m.p. minor mineral rules, 1996 (in short 'rules of 1996') will be applicable to quarry permit holder/contractor as defined ..... rules, 1996 nor any provision in the mines and minerals (regulation and development) act, 1957 and, therefore, the respondent cannot be conferred authority to obtain the royalty clearance certificate from the mining department/officer incharge of the mining section, but after amendment dated 23/03/2013 all the contractors who are using the mineral in construction .....
Tag this Judgment!Court : Madhya Pradesh
..... out of this agreement whether during its subsistence or there after shall be settled by arbitration in accordance with the provision of the arbitration and conciliation act, 1996, or any statutory amendments thereof and shall be referred to the sole arbitration of an arbitrator nominated by the by the managing director of the lender. the award given by ..... of the case in hand, the hon'ble supreme court in the case of federal bank ltd., (supra) has held that a private company registered under the indian companies act carrying on banking business as a scheduled bank, cannot be termed as an institution or a company carrying on any statutory or public duty. as such, such ..... there was a default in making the payment of instalments. a criminal case had been lodged against the financier under sections 395,468, 465,471, 120-b/34 ipc. the court refused to exercise its power under section 482 crpc and did not quash the criminal proceedings on the ground that the financier had committed an offence. .....
Tag this Judgment!Court : Madhya Pradesh
..... for having the work done by other contractor, the additional expenses sought to be recovered by the government are nothing but damages within the meaning of section 73 of the indian contract act, 1872 and prays for dismissal of the writ petition. 11. in the case of b. b. verma (supra), the appellants therein raised the dispute before the executive ..... road, district dhar was awarded to the petitioner @ 1.01% above sor for road and bridge works issued by einc, pwd, m.p. and enforce from 15.04.2009 amended upto the date of issue of nit has been accepted by einc, pwd, bhopal on behalf of the governor of m. p. 3. after signing of agreement, the work ..... damages, assessed at rs. 7,344.16 ps. by the deputy commissioner. since the mills failed to pay the said amount, the state initiated proceedings under the revenue recovery act, to recover the amount as if it were arrears of land revenue. the mills thereupon instituted a suit for a declaration that the recovery proceedings are illegal, and for .....
Tag this Judgment!Court : Madhya Pradesh
..... from the date of taking possession. 6. the supreme court in the matter of authorised officer, indian overseas bank vs. ashok saw mill (2009) 8 scc 366 has held as under: "30. the scheme of the sarfaesi act as it now stands after the 2004 amendment for enforcement of security interest is that notwithstanding the provisions of section 69 or section 69-a ..... of the transfer of property act, any security interest created in favour any secured creditor may be enforced, without the intervention of .....
Tag this Judgment!Court : Madhya Pradesh
..... nor have they signed any power in favour of any advocate. consequently, the applicant moved an application under section 45 of the indian evidence act to get the signature of respondent no.1 (a) on vakalatnama, examined by a handwriting expert. the reply to application under section 45 of the ..... are certain categories of orders which come into existence in the course of hearing of the suit. to enumerate some: an order refusing/allowing an application for amendment, prayer for grant of injunction, relief seeking appointment of receiver, commission/survey knowing commission, application to file documents, application to take up an issue as ..... that it enumerates certain categories of orders which come into existence in the course of hearing of the suit, like an order refusing/allowing an application for amendment, prayer for grant of injunction, relief seeking appointment of receiver, application for commission/survey, application to file documents, application to take up an issue as .....
Tag this Judgment!Court : Madhya Pradesh
..... public nuisance. section 290 of ipc provides for punishment for such public nuisance. section 133 of the criminal procedure code empowers the magistrate to make conditional order requiring the person causing nuisance including that of noise to remove such nuisance. section 30 of the police act, 1861 (hereinafter referred to as "the act of 1861") provides for ..... locality to have noise free environment during festivals. accordingly, it is asserted that that section is ultra vires the central rules of 2000. 7. by amending this petition, the petitioner has specifically articulated grounds on which section 13 of the adhiniyam of 1985 should be declared ultra vires the constitution as well as ..... order passed by the same bench on 3rd october, 2005, in noise pollution (vi), in re (2005) 8 scc 794, noticing that rule 5, as amended, continues to remain in operation but the state governments were feeling difficulty in enforcing the rule and also exercise of power conferred under sub-rule (3) of rule .....
Tag this Judgment!Court : Madhya Pradesh
..... of the term of office. this being a special feature, the president of the municipal council cannot be termed as a councillor in any manner after the amendment in the act. earlier the no confidence motion was moved against a president, who was elected by the elected councillors themselves and who was one of them. therefore, the ..... that only the councillors are required to make a proposal for recall of the president. since the interpretation of the said provisions is also required, the amended provisions of section 47 of the act are reproduced, which read thus : "47. recalling of president.- (1) every president of a council shall forthwith be deemed to have vacated his ..... , which were not in consonance to the prescribed law in the constitution of india. however, the provisions of section 19 of the act were inserted vide an amendment made on 21.04.1997 by m.p. act no.18 of 1997. the provisions of section 19 consisting of composition of municipal council or nagar panchayat read thus : "19. .....
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