Court : Madhya Pradesh
Decided on : Feb-23-1999
Reported in : AIR1999MP223
..... meantime, as putforth by the writ petitioners, the respondents nos. 5 and 6 herein, that the election was delayed and at that juncture an amendment in the act came into existence whereby the tenure of the president was extended from 2 1/2 years to 5 years. because of the changed situation the respondent ..... of amrit chandra rajpal (supra) has held that a notice tendered to the chief municipal officer would constitute a notice within the meaning of sub-section (7) of section 43. we have perused the decision rendered in the case of amrit chandra rajpal (supra). in the said case the learned single judge has ..... would be competent for the crown to grant to any such company or body of persons in and by any charter of incorporation. such letters patent may provide that actions by or against the company or body of persons shall be carried on in the name of one or two officers to ..... can property be held for their purposes otherwise than by virtue of a contract between the members for time being. the crown has power by letters patent to grant to any company or body of persons associated together for any trading or other purposes, although not incorporated, any privileges which, according to ..... . 1378/97 by a learned single judge of this court is called in question by the appellant invoking the jurisdiction under clause 10 of the letters patent.2. the respondent no. 5 and respondent no. 6, the vice-president and a councillor of deori municipality respectively approached this court under article 226 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-09-1999
Reported in : AIR2000MP139; I(2000)DMC453; 2000(1)MPLJ575
..... the defendant wanted decree for dissolution of the marriage.10. in the written statement, a counterclaim was set-up as contemplated under section 23a of the hindu marriage act. in the counter-claim, it was asserted that the plaintiff wanted that the defendant-husband should severe and break all his relations ..... sharma, reported in (1999) 2 mplj 603 : (air 2000 madh pra 26) such concurrent findings are not amenable to interference in a letters patent appeal.70. taking into consideration the evidence and the materials on record, we arenot satisfied that the finding of the trial court on the question about ..... opportunity to parties to reconcile their differences and come together. if, however, there is no reconciliation, the parties are entitled under section 13(1-a) of the act to get an order of dissolution of the marriage. in the present case, the wife-appellant is living separately right from the ..... filed by the wife with the relief sought for, to which a reference has already been made hereinabove.32. although the grounds of divorce have been liberalised with the enforcement of the marriage laws (amendment) 1976, they nevertheless continue to form an exception to the general principle favouring the continuation of the ..... manner and had ample opportunity to contest the claim of the defendant and the contention sought to be urged in this regard is totally misconceived.67. in i.a. no. 882/97, the appellant has also tiled to challenge the finding in regard to the dismissal of her sun .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-19-1999
Reported in : 2000ACJ1059
..... claims tribunal shall in the interests of justice provide an opportunity to the appellants to justify the claim and amend the pleadings, if necessary. the claims tribunal may before issuing notice, permit the appellants to amend the application under section 166 of the act in accordance with the provisions of the act and the rules.2. accordingly, the appeal succeeds and is allowed. no costs. ..... not support the dismissal on merits of the case and, therefore, it need not be served in this appeal. this court has power under section 115 of the code of civil procedure suomotu to set aside a patently illegal order even without notice to the opposite party when it feels that no useful purpose would be served by hearing them. under these ..... s.c. pandey, j.1. this is an appeal under section 173 of the motor vehicles act, 1988 (henceforth 'the act'), against dismissal of the claim application, filed by the appellants, by the court below. nobody appeared on behalf of the appellants and respondent nos. 1 and 2 before the claims .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-1999
Reported in : 2000(2)MPHT369; 2000(1)MPLJ130
..... benefits to a person similarly situated as the retrospectivity contemplated could not be taken to defeat any vested right. the provision so inserted by way of amendment of the rules could affect the pending applications and the pending lis, if any.18. it may further be noticed that the apex court in its ..... has tried to assail the validity of sub-rule (6) of rule 3 of niyam, 1972 which stands inserted in the rules by virtue of the amendment with retrospective effect.11. the learned counsel for the petitioner/respondent has tried to urge that the aforesaid sub-rule referred to hereinabove which has now ..... would be entitled to the benefit of the rajya samman nidhi with effect from the date of the order of sanction.9. in view of the aforesaid amendment in the niyam, 1972, the learned counsel for the appellants has urged that the impugned order passed by the learned single judge deserved to be set ..... out that it cannot be said to be an invariable rule that a statute could not be retrospective unless so expressed in the very terms of the section which had to be construed. this part of the observation was not approved in its later decision in the case of r.r. reddy v. padmini ..... sainik samman nidhi niyam, 1972, from the date of the application, the state as well as the collector, district gwalior have come up in this letters patent appeal seeking redress praying for the setting aside of the impugned order.2. we have heard the learned govt. advocate representing the state-appellants as well .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-1999
Reported in : 1999(2)MPLJ649
..... acknowledged the position as indeed it must, in section 32 of the bombay lotteries (control and tax) and prize competition (tax) act, 1958. it is an act to control and tax lotteries and to tax prize competitions in the state of maharashtra. section 32(b) expressly provides that nothing in the act shall apply to 'a lottery organised by the ..... award as an operative treaty after the boundary has been marked in this area, is within the competence of the executive wing of government and no constitutional amendment is necessary.'justice shah, though agreed with the majority opinion but by a separate judgment observed :'the effect of article 253 is that if a treaty, agreement ..... in lotteries losing their hard earned money. this in turn created domestic tension; therefore, keeping in view this laudable purpose, the state enacted the act of 1993. section 3 of the act of 1993 which is relevant for our purposes read as under :'3. ban on lottery. - notwithstanding any agreement of contract entered into by the ..... which case it cannot be said that there will be a cession of indian territory and the rule earlier laid down by us applies. if no constitutional amendment is required the power of the executive which extends to matters with respect to which parliament has power to make laws, can be exercised to correct boundaries ..... ordera.k. mathur, c.j.1. this is a letters patent appeal directed against judgment dated 22-1-1999 passed by the learned single judge in w. p. no. 2495 of 1998, whereby the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-09-1999
Reported in : 2000ACJ275; AIR2000MP63; 2000(2)MPHT278
..... discovered only after passing of the award.4. in one of the cases in which the compensation was awarded on no fault liability under the amended provision of section 163a with computation provided in second schedule of the act, the contention advanced on behalf of the insurance company is that where the provisions of the schedule indicating the manner of computation of compensation ..... a term to enable the insurer to contest the claim for and on behalf of the insured, is not prohibited by any express or implied provision of the act. section 170 of the act requiring the insurer to seek permission of the tribunal to raise all defences on behalf of the insured in case of non-contest or in case of collusion between ..... court may recall an order earlier made by it if, (i) the proceedings culminating into an order suffer from the inherent lack of jurisdiction and such lack of jurisdiction is patent, (ii) . there exists fraud or collusion in obtaining the judgment, (ill) there has been a mistake of the court prejudicing a party, or (iv) a judgment was rendered in ignorance ..... . 4,42,ooo/-awarded to the parents for death of their son sanjay patil who was employed as electrician in a private industry and was aged 28 years, is excessive.32. as has been held by us above, since the insurance company failed to seek permission from the tribunal to contest the claim on all grounds, the insurance company cannot be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-11-1999
Reported in : 1999(2)MPLJ489
..... prejudice to the applicant. with regard to i.a. no. 3050/99, learned counsel contended that by the proposed amendment, he is challenging the validity of section 23-j of the amending act so far as applicable to a retired servant of the company owned and controlled by the central or the state government ..... . the proposed amendment is legal one and necessary for the decision of the court with regard to the dispute between ..... the parties.10. the said applications have been opposed on behalf of the applicant. the learned counsel contended that so far as the amendment proposed in i.a. no. 2094/97 are concerned, related with the acquisition of the residential accommodation by the landlord during the pendency of ..... reasonably suitable accommodation of his own. during the pendency of the application, the applicant's said son randhir has become lawyer and the application was amended with the averments that the suit accommodation is required by the applicant for the purpose of establishing the office of his son randhir who become ..... and few admissions of the defendants were also on record. in the circumstances, the court held that the non-examination of the plaintiff was not fatal'.32. in 1977(1) mpwn 209, ramkanyadevi v. ramsingh, it was held by this court that if the landlord has got more than one major .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-11-1999
Reported in : 2000(1)MPHT106
..... prejudice to the applicant. with regard to i.a. no. 3050/99, learned counsel contended that by the proposed amendment, he is challenging the validity of section 23-j of the amending act so far as applicable to a retired servant of the company owned and controlled by the central or the state government ..... . the proposed amendment is legal one and necessary for the decision of the court with regard to the dispute between ..... the parties.10. the said applications have been opposed on behalf of the applicant. the learned counsel contended that so far as the amendment proposed in i.a. no. 2094/97 are concerned, related with the acquisition of the residential accommodation by the landlord during the pendency of ..... reasonably suitable accommodation of his own. during the pendency of the application, the applicant's said son randhir has become lawyer and the application was amended with the averments that the suit accommodation is required by the applicant for the purpose of establishing the office of his son randhir who become ..... and few admissions of the defendants were also on record. in the circumstances, the court held that the non-examination of the plaintiff was not fatal'.32. in 1977 (1)-mpwn-209, ramkanyadevi v. ramsingh, it was held by this court that if the landlord has got more than one major .....
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