Court : Madhya Pradesh
Reported in : 2002(3)MPHT1
..... state government decided to establish the tribunal, could that decision amount to attack on the independence of judiciary as by the said decision the jurisdiction of the high court and other civil courts was being curtailed was it an act of tyranny of the stale government when the jurisdiction of the high court and other civil courts was being taken away at the time of taking decision to establish a tribunal if the decision to establish a tribunal did not ..... -- (1) notwithstanding anything contained in any law for the time being in force, every commission, authority, tribunal, university, board or any other body constituted under a central act, slate act or provincial act and having jurisdiction over the existing state of madhya pradesh shall on and from the appointed day continue to function in the successor state of madhya pradesh and also exercise jurisdiction as existed before the appointed ..... since no specific procedure has been provided for abolition of a tribunal in the administrative tribunals act, the decision to abolish the tribunal can be executed in the same way as the decision to establish the tribunal was executed as per provisions of section 21 of the general clauses act, 1897. ..... whereby the madhya pradesh state administrative tribunal (for short the tribunal') has 'been abolished (annexure p-1); (ii) the circular no. ..... its members have been selected from all kinds of services including the indian police service. 8.65. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990(0)MPLJ55
..... society (ex.p/1) which was issued under the societies registration act, 1860 and which refers to be said act had to be read after the coming into force of the madhya pradesh societies act, 1959, as issued under this act and as referring to it'.the division bench went on to explain the further legal position in the above regard as follows:-'on the same reasoning, after the madhya pradesh societies registration act, 1959 was repealed and replaced by the madhya pradesh ..... this section corresponds to section 8 of the general clauses act, 1897. ..... it has further been held that the word 'instrument' in the context of section 8 of the central act will include a formal legal writing like an order made under a statute or subordinate legislation or any document of a formal character made under constitutional or statutory authority; (see mohan choudhury v. ..... in the opinion of this court, as the revision deserves to be allowed on one short ground alone it is not necessary to examine the other grounds raised on behalf of the public trust in this revision. ..... further, section 13 of the madhya pradesh general clauses act, 1957, provides that 'where any madhya pradesh act repeals and re-enacts, without modification, any provision of a former enactment then reference in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provisions so re-enacted. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1984MP13
..... the language of section 24 would not cover a repeal of the madhya bharat scrap order by the introduction into the madhya bharat territory of the indian scrap order 1943 but he suggested that even though the section was in terms inapplicable, he could invoke the principle underlying it. ..... the present enactment repeals the ordinance and the ordinance had a specific provision saving the rules under the 1962 act and, therefore, by the repeal in this act, even that savins clause in the ordinance is also repealed and on that basis, it was contended that it indicates the intention of the legislature not to ..... no doubt, provides for an election petition but on what grounds an election petition could be filed has not been provided in this act and even if the forum is notified, still, in absence of rules, it is not only the question of procedure but various questions arise which have not been provided; as to who can challenge the ..... act, section 24 of the general clauses act, 1897 ..... ' this provision clearly saves the rules, regulations and bye-laws made under the repealed act so far as they are not inconsistent and it is, therefore, plain that by this provision, the rules framed under the 1982 act, so far as election petition is concerned, are clearly saved as they are in no way inconsistent with the provisions of madhya pradesh pan-chayat adhiniyam, 1981 and in order to escape this consequence, ..... need for short and simple act on the subject had all along been felt by all concerned accordingly .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ113
..... short title. ..... that the ex-ruler who becomes a bhumiswami only by an amendment of the code in 1979 could not have availed the limitation of 3 months for submitting the return as the appointed date is 7-3-1974 as notified in section 2(b) of the ceiling act and that definition clause has not consequently been amended after the amendment made to the code by insertion of sub-section (2) to section 158. ..... the division bench gave liberty to both the parties to raise all necessary pleas about the applicability of the ceiling act and the urban ceiling act to the lands in question after the order of remand was carried out and the competent authority finally decides the matter. ..... -- section 158 of the principal act, shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely :-'(2) a ruler of an indian state forming part of the state of the madhya pradesh who, at the time of coming into force of this code, was holding land or was entitled to hold land as such ruler by virtue of the covenant or agreement entered ..... by article 363a of the constitution recognition granted to ruler of indian state ceased after 1971 and the privy purses were abolished on and from the commencement of constitution (26th amendment) act, 1971. ..... the learned counsel for the petitioners has read a few relevant provisions of the indian trusts act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(4)MPHT360; 2002(3)MPLJ504
..... come into force or repeal under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897- (a) the provisions of section 102 of the principal act as substituted by section 5 of this act, shall not apply to or affect any appeal which had been admitted before the commencement of section 5; and every such appeal shall be disposed of as if section 5 had not come into force; (b) the provisions of rules 5, 15, 17 and ..... during the pendency of the suit: (1) the territories of goa, daman and diu were liberated and became a part of the union of india in 1961; (2) the limitation act, 1963 was made applicable to the whole of india including the union territory of goa, daman and diu in 1964; (3) the indian code of civil procedure, 1908 with protanto repeal of the portuguese code was extended by the goa, daman and diu in 1966; and (4) on the same in 1966 ..... in respect of aparticular sale of property and a decree-holder has deposited the purchase money alongwith the cost of the suit in the court, the vendee is required to deliver possession of the property to the decree-holder and title to the property stands transferred in favour of the claimant. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP46; 1988MPLJ392
..... extensive and elaborate arguments on the main question mooted in the case, drawing my attention to the provisions, inter alia, of several enactments, such as the madhya pradesh municipal corporation act, 1956, for short, 1956 act, indian electricity act, 1910, for short, the 1910 act and the electricity (supply) act, 1948, for short, the 1948 act.7. ..... is that when any property is held in trust, the owner of the property creating the trust may not necessarily divest himself of the title to the property unless statutory provision indicates the contrary intention. ..... municipalities act, their lordships held that 'street' vests in the municipality qua street and the land under the street remains vested in the state, clearly meaning thereby that vesting of the street did not vest in the municipality the title in ..... in various senses, but the core meaning of the expression stated in webster's new 20th century dictionary was accepted to observe that in legal parlance, the word 'held' meant to possess by legal title. ..... transfer to such person any right vested in the corporation, of 'control' of the electric poles, allowing such person to put up thereon advertisement boards, can be validly traced and sustained in terms of sections 8 and 87(a) of 1956 act or if the right of the corporation to impose 'advertisement tax' under section 132(2)(1) on such advertisements is sustainable in law, then that right cannot be killed by the state government by vesting the right in the board to 'negotiate .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP120
..... first case, the privy council dealt with a question as to the application of section 10(2), paragraph (xii) of the indian income-tax act, 1922, and considered whether the expenditure incurred over obtaining tendu leaves under short-term contracts with government and other owners of forests was on revenue account or on capital account. ..... on the dates of the transactions should be regarded as 'benefits to arise out of land' within the meaning of section 3(25) of the general clauses act and section 2(6) of the registration act or as 'growing crops' which have been excluded from the definition of immovable property by section 3 of the transfer of property act and section 2(6) of the registration act, the real question is whether the expression, 'growing crops' should be extended to other vegetable growths, particularly those not in existence on the ..... it is common ground that after the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (1 of 1951) came into force on 31st march, 1951, the villages referred to in paragraph 2 above vested in the defendant, who thereafter had all myrobalan obtainable from the forests of those villages in 1951-52 auctioned ..... about the passing of title, their lordships observed: 'whether title passes on the dates of the contract itself or later is really dependent on the intention of the parties, and as already stated, in these petitions the stipulated consideration has passed from the transferees to the proprietors .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ151
..... . 15/55x3/4, by order dated 304-1956, copy of which is ext.d/1, directed restoration of possession, holding that the madhya bharat zamindari abolition act, samvat 2008 (for short, the 'zamindari abolition act') had no retrospective effect on the agreement or contract entered into between the ex-proprietor and the money lender, as the land was not given on 'patta' but was mortgaged as a security in lieu of loan, which remained in ..... by interpolation and fabricating the entries therein and, therefore, ordered to prosecute the appellant under sections 467 and 471, indian penal code, and for that a separate proceeding was ordered to be initiated under section 479a, criminal procedure ..... . clause (a) of sub section (1) of section 4 provides that save as otherwise provided in the act, the following consequences shall ensue notwithstanding anything contained in any contract, grant or document or in any other law for the time being in force, -- '(a) all rights, title and interest of the proprietor in such area, including land (cultivable, barren or bir), forest, trees, fisheries, wells (other than private wells), tanks, ponds, water channels, ferries, pathways, village-sites ..... . it was then contended that as the plaintiff being in possession, acquired title of a bhumiswami by operation of law, which is proved by khasra entries, he was entitled to get a declaration as owner of the land and also restoration of possession from the defendants who were not in lawful possession with a direction .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP62; 2002(1)MPHT84; 2002(2)MPLJ195
..... the data concerning the generation, distribution andutilisation of power and carry out studies relating to cost, efficiency, losses, benefits and such like matters, make public from time to time information secured under this act and to provide for the publication of reports and investigations, make arrangements for advancing the skill of persons in the generation and supply of electricity, promote research in matter affecting the generation, transmission and ..... entry 38 of list iii, seventh schedule to the constitution of india has been utilised by the parliament for enacting indian electricity act, 1910 and electricity (supply) act, 1948 covering the entire field relating to electricity, therefore, the impugned act could not have been enacted to cover the same field namely electrical development in view of law laid down by the apex court in ..... with a view to understand the exact nature of the tax, title of the act and the words used therein may not be conclusive, therefore, the pith and substance of the statute needed to be looked into.further, in paragraph 22, the ..... duty act, 1949 (for short the duty act, ..... the electricity (supply) act, 1948 (for short 'the act of 1948') is the law relating to the rationalisation of the production and supply of electricity and for taking measures conducive to electrical development, purpose being co-ordinated development of electricity in the country ..... - madhya pradesh upkar (sanshodhan) adhyadesh, 2001 (for short the 'ordinance') to amend m.p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)5VST260(MP)
..... the fifty-second year of the republic of india as follows:short title and commencementl. ..... notification, notice, order, rule, form, regulation, certificate or license) in the exercise of any power conferred by or under the said act shall, in so far as it is not inconsistent with the provision of this act continue in force and be deem to have been done or taken in the exercise of the powers conferred by or under the provisions of this act as if this act were in force on a date on which such thing was done or action was action unless and until it is superseded by or under ..... an officer or authority duly empowered to make assessment or hear and decide such appeal, revision or other proceeding immediately preceding the commencement of this act shall, on the date of such commencement stand transferred to the officer or authority competent to make assessment or to hear and decide appeal or revision or to other proceedings under this act and thereupon such assessment, shall be made or such appeal or revision or other proceedings shall be heard and decided by such officer or authority ..... 1966crilj1538 , this court held that by virtue of section 8 of the general clauses act, references to the definition of the word 'employer' in clause (e) of section 2 of the indian mines act, 1923 made in coal mines provident fund and bonus schemes act, 1948 should be construed as references to the definition of 'owner' in clause (1) of section 2 of the mines act, 1952, which repealed and re-enacted 1923 act. .....
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