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 : 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 : 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, .....
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