Court : Madhya Pradesh Jabalpur
..... auction purchase by sale certificate dated 16.1.1952 and then after filing the written statement by the defendants, when he got knowledge about the another auction sale, he amended his plaint regarding the auction sale to defendant no. 1 on 8.4.1954 in execution case no. 39- b/48. according to the plaintiffs despite the aforesaid ..... of house. in these circumstances, present suit for declaration of title of property without further relief of possession is hit by proviso to section 34 of the specific relief act, 1963 and is not maintainable in the eye of law.30. coming to the question of limitation; the pleadings of plaintiff/respondent in regard to limitation is that ..... in the court.10. defendants/appellants specifically denied the fact that cause of action arose in the month of september, 1985 when plaintiffs came to know about the wrongful act of defendants no. 1 to 13 and pleaded that no cause of action arises against defendants, therefore, suit is liable to be rejected.11. the trial court .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... all petitioners have been ordered to face departmental enquiry and in departmental enquiry all have been exonerated and it has been indirectly pointed out that this figure was amended by the officers of the burhanpur mandi samiti including petitioner/secretary n.k.jain. as there is difference between the proposal and decision and as per proposal dated ..... , ps- city kotwali, burhanpur registered crime no. 120/2000 and investigated the matter and filed charge sheet, charges under sections 120-b, 420,467,468 and 409 of ipc have been framed against all petitioners. (6) i have heard learned counsel for both the parties and perused the case diary and documents on record. (7) the main ..... cognizance be taken without sanction, but here, as far as petitioners of burhanpur and indore are concerned, their work cannot be said to be bona fide . moreover the act of interpolation cannot be said to be done under the colour of official work. so no sanction u/s 197 cr.p.c. is necessary. this case is not .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... done by the respondents, to that effect pay fixation ordered by the respondents on 8.1.2010 is found to be illegal and quashed and the respondents directed to make amendment to the pay fixation order annexure p/10. that apart, arrears on such pay fixation w.e.f 1.1.1996 till actual payment be granted if it was granted ..... 3000-4500 was prescribed for the post of dy.ceo with effect from 1.7.1995, when the notification annexure p/3, was issued on 30.5.96, by amending the recruitment rules. that being so, for the present even if the dispute between the parties with regard to appointment of the petitioner on the post of dy.ceo with ..... that being so, giving retrospective effect to notification annexure p/3 by the sada, pachmarhi without due approval, sanction and concurrence of the state government is nothing but an illegal act of the chairman, sada, pachmarhi which cannot be approved by this court. 13- accordingly, this court is of the considered view that petitioner would be entitled to pay in .....
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
..... 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
..... 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
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
..... , in the year 1998 the appellant filed an application under section 13 of the act, 1955 before the trial court. again in the year 2000, he amended his application to the effect that the respondent has lodged an fir under section 498-a of ipc against him and his family members, which amounts to be a cruelty against the ..... hon'ble apex court has held that no such ground regarding irretrievable breakdown of marriage is available in section 13 of the act, 1955, and therefore, it should be a statutory ground and without such amendment in the act no decree of divorce can be passed. in the said judgment, the hon'ble apex court has advised that legislature ..... must consider the opinion of their lordships and to make such provision in the hindu marriage act, 1955.21. in the case of "sanghamitra ghosh" ( .....
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