Court : Madhya Pradesh
Decided on : Jan-16-1998
Reported in : 1998CriLJ3915
..... v. kishanlal 1991 cri lj 654 : air 1991 sc 558, considered the scope and effect of section and observed in para 6 thus :section 37 as amended starts with a non obstante clausestating that notwithstanding anything contained in the code of criminal procedure, 1973 no person accused of an offence prescribed therein shall be released ..... to quote section 20 and section 37 of the ndps act20. punishment for contravention in relation to cannabis plant flnd cannabis.- whoever, in contravention of any provision of this act or any rule or order made/or condition of licence granted thereunder,-(a) cultivates any cannabis plant; or(b) produces, manufactures, possesses, sells, purchases, trans/ports ..... between section 439, cr.p.c. and section 37 of the ndps act, section 37 prevails. in this context section 4, cr.p.c. may be noted which reads thus :4. trial of offences under the indian penal code and other laws- (1) all offences under the indian penal code (45 of 1860) shall be investigated, inquired into, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-1998
Reported in : AIR1999MP23
..... in the statute and in the light of the aims and objects of such provisions.21. the provision in section 170b of the code has been introduced by amendment act no. 15 of 1980 with obvious aim to protect aboriginals against exploitation and restore possession of agricultural lands to aboriginals who have lost them because of their unequal ..... as also section 170d barring second appeals in proceedings under section 170b of the code are applicable only to the scheduled areas in accordance with the above mentioned amendments incorporated to the code in terms of sub-paragraph (1) of paragraph 5 of the vth schedule to the constitution of india. i have examined the original ..... in the scheduled area. when i called the original notification named the scheduled areas (states of bihar, gujarat, m.p. and orissa) year 1977 published in current indian statutes, 1978 pt. i page 134, i find that only dondi tribal development block of balod tahsil in durg district is included in the scheduled area.9. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-26-1998
Reported in : 1998(1)MPLJ612
..... this construction we do no violence to language but, on the other hand, promote public justice and social gain, without in the least imperiling the protection conferred by the amending act.19. the implications arising under the ratio of the decision in the case of b. banerjee (supra) and the observations made therein, were considered by this court in ..... is an acquisition and 'it cannot be gainsaid that the acquisition can be by two modes i.e. by way of transfer under transfer of property act and by way of succession under indian succession act. in either of the case, it was held, that the title passes to the transferee and, therefore, even such a transfer effected by a ..... will was a transfer for the purpose of section 12(4) of the act, clarifying that even if the plaintiff acquired through succession then too the bar .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-05-1998
Reported in : AIR1999MP143
..... permission of the state government, with - (i) 'the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), for the supply of energy to any person, or (ii) any requisition for the resumption of supply of energy to ..... the controversy involved, it will be relevant to mention various provisions of the indian electricity act, 1910, electricity (supply) act, 1948, regulations and terms of the agreement framed thereunder. section 22b of the indian electricity act, 1910 (for short the act of 1910) lays down power to control the distribution and consumption of energy. ..... section 22b of the act of 1910 reads as under :'section 22b -- power to control the distribution and consumption of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-05-1998
Reported in : 1999(1)MPLJ648
..... permission of the state government, with-(i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), for the supply of energy to any person, or(ii) any requisition for the resumption of supply of energy to ..... appreciate the controversy involved, it will be relevant to mention various provisions of the indian electricity act, 1910, electricity (supply) act, 1948, regulations and terms of the agreement framed thereunder. section 22b of the indian electricity act 1910 (for short the act of 1910) lays down power to control the distribution and consumption of energy. ..... section 22b of the act of 1910 reads as under :'section 22b. power to control the distribution and consumption of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-10-1998
Reported in : 1998(1)MPLJ529
..... the revision preferred by him. to overcome this technical hurdle mr. gupta, learned counsel for the petitioner, as has been indicated before, filed an application for amendment to challenge the orders initially passed by the learned magistrate and in the revision so that he could address this court with regard to the indefensibility of the said ..... the petitioner has been arrayed as an accused in connection with a crime instituted for offence punishable under sections 147, 148, 302/149 and 324/149 of indian penal code. he was arrested on 29-7-1996 by the investigating agency and was produced before the judicial magistrate first class, barasia who remanded him to custody ..... the magistrate forwards the record to the competent court, then the juvenile courts shall proceed with the matter in accordance with the section 8(2) of the act and after conducting enquiry determine the age of the delinquent juvenile. this view has been taken in the decisions rendered in the case of suresh agrawal v. state .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-12-1998
Reported in : (1998)148CTR(MP)636
..... but before 1-4-1987, for the purposes of business of repairs to ocean-going vessels or other powered craft if the business is carried on by an indian company and the business so carried on is for the time being approved for the purposes of this clause by the central government.'18. section 80hh, relevant ..... steel tubes of india p. ltd. : [1982]138itr619(mp) , abhinendra kumar v. cit : [1984]150itr189(mp) , travancore rayons ltd. v. ito : [1977]109itr43(ker) , cit v. indian institute of public opinion co. p. ltd. : [1982]134itr23(delhi) and cwt v. ginni devi jalan : [1990]186itr168(patna) .12 the respondents have submitted reply in oppugnation.13. it has ..... said section and to ascertain, whether the authorities concerned have acted within the powers conferred on them. relevant section 154, as it existed then, is reproduced hereinbelow:'154. (1) with a view to rectifying any mistake apparent from the recordthe income tax officer may amend any order of assessment or of refund or any other order .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-03-1998
Reported in : 1999(1)MPLJ63
..... was not lawful. in view of the explanation added to order 23, rule 3-a, civil procedure code an agreement or compromise which is void or voidable under the indian contract act is not to be deemed to be lawful within the meaning of the said rule.11. in the present case the plaintiff claimed that she was a minor ..... there could be no impediment in permitting the amendments in the written statement. what has been asserted is that the provisions contained in order 32, rule 7, civil procedure code expressly prohibit the next friend or next friend to ..... 23, rule 3a, civil procedure code no suit was maintainable challenging the decree based on compromise and in this view of the matter there could be no justification for allowing the amendment as prayed for.8. learned counsel for the applicant has contended that the decree passed in original civil suit no. 3-a/83 was void and, therefore, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-23-1998
Reported in : (1999)IILLJ1275MP; 1999(2)MPLJ139
..... is expressed in clear-cut terms or in an implied manner. in the absence of an intention in the amended provision or such an intention gatherable from the scheme of the act, i am of the considered view that the aforesaid amendment is prospective in nature, and hence would not be applicable to the cases of the likes of the ..... different. in the case at hand, the only question that really arises is the interpretation of the amended provision of the act whether the same would be retrospective or prospective. it is admitted by both the parties that no question of act is involved. the factual position being indisputable and what arises is being a pure question of law, ..... assailing the impugned order mr. r.k. gupta, learned counsel for the petitioner has submitted that the amendment of payment of gratuity act was brought in w.e.f. may 24, 1994 whereby rs. 50,000 as provided under section 4 of the act was substituted by rs. 1 lakh, and the petitioner having been retired much before the said date .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-14-1998
Reported in : (1999)IILLJ21MP
..... anr. (1998-i-llj-1165) (sc) has considered the ambit and scope of clause (bb) which was inserted in the definition of section 2(oo) by amending act, 49 of 1984 and observed that the clause (bb) is an exception and if the services are terminated of a workman on account of non-renewal of the contract ..... end to the employment of an employee for any reason whatsoever excepting in the excluded circumstances contained in clauses (a) to (c) of section 2(oo) as amended. invalid or illegal appointment is not covered by any of the exceptions in the definition of 'retrenchment' in section 2(oo). see the decisions in iftikhar ahmad gauri ..... writ court, as there was no dispute of completion of 240 days of service in a calendar year and non-compliance of conditions precedent of section 25f of the act before disengaging the appellant. to support his contentions, learned counsel cited punjab land development and reclamation corporation ltd., chandigarh v. presiding officer, labour court, chandigarh and ors .....
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