Court : Madhya Pradesh
Reported in : 2001ACJ246
..... now a different intention may be expressed by the repealing statute in express words by saying that section 6 of the general clauses act, 1897 would not apply or by stating that the amending act would be operative retrospectively from the date the repealed act came into force. ..... as already stated, the act would be a special law within the meaning of section 29(2) of the limitation act, 1963, and would not cease to be the special law by omission of section 166(3) of the act. ..... it cannot be doubted that section 166(3) of the act as it stood before the amendment would attract section 3 of limitation act, 1963, by virtue of section 29(2) of the limitation act, 1963. ..... it is not necessary to seek the aid of section 29 of the limitation act when the district judge is required to perform the functions mentioned in section 16(3) of the telegraph act. ..... even in the case of omission, section 6 of the general clauses act of 1897 enjoins a duty upon the court to find out from the text and object of the motor vehicles (amendment) act, 1994 (act no. ..... ruprah, assails the conclusion of the tribunal and argues that deletion of section 166(3) of the act would not clothe the applicant with the right to file the application under section 166(1) of the act beyond one year from the date of accident with an application for condonation of delay as the accident took place on 20.9.91. ..... 2, the driver claiming compensation for the death of tulsibai on 20.9.1991 under section 166 of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2001)DMC596
..... of them have no enough means to pay the maintenance ordered by the magistrate, or the other relatives have not the means to pay the shares of those relatives whose shares have been ordered by the magistrate to be paid by such other relatives, under the second proviso of sub-section (1), the magistrate may, by order, direct the state wakf board established under section 9 of the wakf act, 1954 (29 of 1954), or under any other law for the time being in force in a state functioning in the area in which the woman resides, to pay such maintenance ..... as determined by him under sub-section (1) or, as the case may be, to pay the ..... razia begum, 1991 cri. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ554
..... the provisions contained in section 49(2)(ii) of the act require that the head of the university department in the subject concerned if he is professor or where the head of the university department in the subject concerned, is not a professor or when the selection is to be made for the post of a professor, the dean of the faculty concerned had to be one of the member of the selection committee. ..... , reported in 1989 mplj 389 = 1989 lab ic 1978 , had clarified that a defect, if any, in the constitution of the selection committee or the irregularity, if any, in the procedure, stands cured under section 58 of the act of 1973, which provides that no act or proceeding of any authority, committee or body of the university shall be invalid merely by reason of any vacancy in or defect in the constitution thereof, or any defect in the election^ nomination or appointment of a person acting as a member thereto, or any irregularity in its procedure not affecting the merits of the case.39-a. ..... it may be noticed that the petitioner has impleaded jiwaji university, gwalior, through its vice-chancellor, as the respondent no. ..... on 18-9-1991, the respondent-university filed in this court a list of candidates who had applied for the post of lecturer in the subject of bio-chemistry, who had been called for interview. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP96; 1999(1)MPLJ148
..... from the date on which the copies of the official gazettecontaining the said notification were made available to the public;and whereas the copies of the said gazette were made available to the public on 15th january, 1997;and whereas the objections and suggestions received from the public on the said draft rules have been considered by central government;now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (1a) of section 23 of prevention of food adulteration act, 1954 (37 of 1954), the central government, after consultation with the central ..... 670 (e): whereas certain draft rules further to amend the prevention of food adulteration rules, 1955 were published as required by sub-section (1) of section 23 of the prevention of food adulteration act 1954 (37 of 1954)with the notification of the government of india in the ministry of health and family welfare (department of health), no. g.s.r. ..... professors pharmacology, london university 1966 edition page 523, 524, in which it is said that the continuous consumption of iodine and iodised salt leads to mental depression, nervousness, insomnia, sexual impotence and myxoedema. ..... our attention was also drawn to a communication of the government of india, ministry of health and family welfare dated 7th june 1991 where standards for iodised salt have been laid down as under: manufacturing level : not less than 30 ppn of iodine. ..... indian council of medical research, hyderabad dated 19th march 1991. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ602
..... section 17(4)(b) of the act provides that qualification, conditions of appointment and service and scale of pay of an officer and servant of the board. ..... the regulation 4 of the regulations, which has a bearing on the subject, reads as under :'all employees who were in service of the board as on 31st march, 1988, shall exercise an option in duplicate in writing in the form appended to these regulations to elect either to retain the benefits of existing board's contributory provident fund or to come under these regulations within three months from the date of approval of these regulations by the state government and submit the same to the secretary of the board. ..... in the present case, as already mentioned above, the decision was taken by the government to give the pensionary benefits to the teachers and employees of the universities in 1987, therefore, it was made applicable from 1-4-1987 i.e. ..... it was resolved that those employees/officers, who are in the services of the university on 1-4-1987, shall be entitled to all pensionary benefits, which are available to the employees of the state of m.p. ..... the board, in exercise of the aforesaid power framed the regulations known as madhya pradesh board of seconday education employees (pension) regulations, 1991 (hereinafter referred to as the 'regulations of 1991' in brevity). ..... but, by this regulation 1991, the pension scheme was introduced and a cut off date was fixed from 1-4-1988. ..... raj patra dated 10-5-1991. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ55
..... the appellant filed the written statement to the claim of the respondent on 6-12-1996 while the respondent filed reply to the counter claim of the appellant on 27-12-1996 wherein an objection to the jurisdiction of the arbitrator to decide the counter claim was raised as it was not entertainable in view of the order of reference passed under section 20(4) of the act of 1940, whereby the court did not direct to decide the counter claim as it was not raised in the proceedings initiated by the respondent on the application under section 20 of the act ..... for the appellant referred to the order passed on application under section 20 of the act of 1940 and submitted that on the statement of both the parties and their counsel disputes between the parties regarding the construction of the quarters were referred to the sole arbitrator to be appointed by the chairman-cum-managing director of the wcl. ..... the appellant tiled an application under section 36 of the act of 1996 for enforcement of the award whereas the respondent filed an application under section 34 of the act of 1996 read with section 30 of the act of 1940 for setting aside the award passed against it and for grant of ..... the respondent submitted its offer at percentage rate for the said work which was accepted by the appellant vide letter dated 4-7-1991 ..... 13 of 1991-1992 was entered into between the parties and work order was issued on 13-7-1991 which was to be completed within the stipulated period of 18 months from the date of work .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP122
..... the chancellor, before writing to the vice-chancellor for seeking opinion of the executive council in accordance, with section 10(3) of the act, had sent letter dated 11th january, 1997 to the chief minister reporting the action taken by the former on the limaye report, and expecting appropriate action also at the government level, the said letter of the chancellor cannot be taken as recommendation of the chancellor to the state government for invoking the extreme power under section 52 of the act to remove all authorities, bodies and functionaries of the university and to assume full management and powers of the university and appoint another vice-chancellor ..... as is acknowledged by the chancellor in his order dated 1-10-1996 passed under section 10(1) of the act directing inspection and enquiry into the finances of the university, the petitioner as vice-chancellor had personally apprised the chancellor on 23-2-1996 that contrary to the established financial practice, during september 1995 to january 1996, prior to his assumption of office, huge advances to the tune of rs. ..... the removal of a vice-chancellor which can be made only after following principles of natural justice under section 14 of the act cannot be achieved by resort to the emergency provisions under section 52 against the whole university of which vice-chancellor is one of the officers. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP163; I(1999)DMC428
..... been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; explanation -- in this sub-section, the expression 'desertion' means the desertion of the petitioners by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly).' 11. ..... the learned counsel for the respondent/ husband has urged that even if the spouses are living in the same house, they would be deemed to be living separately, as they are not living like husband and wife and, therefore, it is immaterial whether the spouses are living under the same roof or in different houses, within the meaning of section 13(ib) of the hindu marriage act. ..... thus, section 23(1)(a) of the hindu marriage act hold reins over section 13(1a) of the act and a person cannot be permitted to make capital out of his own wrong. ..... the averments of the respondent/applicant are that the appellant/non-applicant continued her studies at benaras hindu university after her marriage. ..... rajeshwari, air 1991 raj 149.18. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ698
..... - for the purposes of sub-section (1) of section 64vb of the act, a risk in respect of a policy may be assumed before the premium payable in respect thereof is received :(i) if the entire amount of the premium is guaranteed to be paid by a banking company before the end of the calendar month next succeeding to the month in which the risk is assumed, if the premium due is not paid by the insured before that date;(ii) if an advance deposit is made with the insurer to the credit of the insured sufficient to cover the payment of the entire amount of the premium together with the premium, if any, due from the insured in respect ..... of any other risk already assumed against such deposit, such deposit being agreed to be adjusted towards the premium before the end of the month next succeeding to the month in which the ..... ayab mohammad, 1991 acj sc 650; ramcharan goyal v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998ACJ291
..... -for the purposes of sub-section (1) of section 64vb of the act, a risk in respect of a policy may be assumed before the premium payable in respect thereof is received:(i) if the entire amount of the premium is guaranteed to be paid by a banking company before the end of the calendar month next succeeding to the month in which the risk is assumed, if the premium due is not paid by the insured before that date;(ii) if an advance deposit is made with the insurer to the credit of the insured sufficient to cover the payment of the entire amount of the premium together with the premium, if any, from the insured in respect of any ..... other risk already assumed against such deposit, such deposit being agreed to be adjusted towards the premium before the end of the month next succeeding to the month in which the ..... ayeb mohammed 1991 acj 650 (sc); ramcharan goyal v. .....
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