Court : Madhya Pradesh
Reported in : AIR1979MP32
..... of forests were being resumed. the one indication that one gets from the objects and reasons is that the state intended to resume the perpetual leases of extensive forest areas granted to families of ex-rulers and other persons for insignificant sum of lease money which constituted a perpetual drain on the resources of the state ..... 1461), the overwhelming view still is that the amount payable for the acquired property, either fixed by the legislature or determined on the basis of the principles engrafted in the law of acquisition, cannot be wholly arbitrary or illusory, [see state of karnataka v. ranganatha reddy (air 1978 sc 215) (supra) at p. 224], the question, ..... of the estate was with a view to implement agrarian reform. the article is confined only to agrarian reform and its provision can apply only to a law made for acquisition by the state of any estate or rights therein or for extinguishment or modification of such rights if such acquisition, extinguishment or modification is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]119ITR980(MP); 1979MPLJ446
..... is, in my opinion, an authority for that proposition. in that case, the learned judge said that 'where there is nothing to show that it is used in a more extensive sense, the word ' residence ' denotes the place where an individual eats, drinks and sleeps, or where his family or his servants eat, drink and sleep'. it is true that in ..... or the huf except in so far as such residence affects the control and management of the affairs of the firm or the huf. (see kanga and palkhivala's the law and practice of income-tax, 7th edn., at pp. 187-188).8. some other provisions, which may throw light on the problem before us, may now be noticed. section ..... that view the assessee's contention was rejected. the tribunal, however, felt that the question relating to the proper construction of section 54 of the act raises a question of law and accordingly, it has referred the above question for the decision of this court.5. the real question for our decision is whether the word 'assessee' used in section 54 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1980]122ITR803(MP)
..... same limitations, while hearing appeals against the orders of the high courts in references under section 66(1), as the high courts are. our advisory jurisdiction is no more extensive than that of the high courts. '10. in the result, their lordships held that the question no. (1) as formulated by the high court, relating to the ..... order of the high court, with the direction that the case would go back to the high court ' for considering the question referred to it for disposal, according to law. '11. totally misapprehending the decision of their lordships in agha abdul jabbar khan v. cit [1971] 82 itr 872, a division bench of this court, consisting of ..... in question before the tribunal. however, feeling aggrieved, the commissioner sought a reference under section 66(1) of the indian i.t. act, 1922, on certain questions of law, said to arise out of the order of the tribunal, namely :' (1) whether, having regard to the evidence on record, the appellate tribunal was justified in holding that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP116; 1977MPLJ227
..... arises within the districts assigned to them in the presidential orders and while dealing with such cases their jurisdiction to issuewrits and orders will be co-extensive with that of the high court at its principal seat at jabalpur. 131. in view of the aforesaid conclusions, we do not find any infirmity ..... the effective state administration under the constitution, expenditure and distribution of revenue, apportionment of assets and liabilities, provisions as to services, application and adaptation of laws, transfer of proceedings and other related matters. on the plain words of article 4, there is no warrant for the contention advanced by counsel for the ..... laid on the phrase 'erect', probably to emphasize the construction of the building where the high court shall sit. the word 'erect' means according to black's law dictionary-'erect -- one of the formal words of incorporation in royal charters. we do, incorporate, erect, ordain, name, constitute and establish', 'construct' is synonymous .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP1
..... .6. the third case also presents no difficulty whatever. when the court has finally disposed of the proceedings before it and it becomes functus officic, no application for extension of time cap be entertained by it, unless the order disposing of the proceedings is set aside and the proceedings are reopened by taking recourse to an appropriate remedy ..... provisions of the same statute should be so construed as to be in harmony with one another. another sacred principle is, and which is equally settled, that the law should be so construed as will advance the remedy.22. we are, therefore, of the view that an appeal lies from an order dismissing a suit for default ..... so far as that court is concerned. (3) after such order (finally disposing of the proceeding) has :been passed.5. in the first case, it is undoubted law that the court has jurisdiction to extend the time initially granted by it. sections 148 and 149 are abundantly clear and apply in terms. before us, neither side had anything .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP110
..... court accepted the request and fixed march 31, 1975. however, on that date, the defendant neither deposited the amount, nor produced any stay order, but applied for further extension of time to enable him to file a revision to the high court, stating that he had already sent the papers to his counsel.5. learned counsel for the petitioner ..... i.e., it must be shown that in exercise of its jurisdiction, the trial court acted with illegality or with material irregularity, which means, either any contravention of some law, or in violation of the prescribed procedure. the jurisdiction of this court is a limited one.9. no interference can be made under section 115 c.p.c. merely ..... 19-63 sc 698 then lordships have succinctly pointed out the distinction between appellate and revisional powers. the right of appeal carries with it a right of rehearing on law as well as on facts. the power to hear a revision is generally given to a superior court so that it may satisfy itself that a particular case has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1976CriLJ256
..... ordinarily there should be a close approximation between the non obstante clause and the operative part of the section, the non obstante clause need not necessarily and always be co-extensive with the operative part, so as to have the effect of cutting down the clear terms of an enactment. if the words of the enactment are clear and are ..... of section 8(1) of the general clauses act, 1897 which is substantially the same as section 38 (1) of the english interpretation act, 1889,10. in halsbury's laws of england, third edition volume 36 at page 405 in para 613, it is stated as follows:613. restriction of scope by reference to replaced statute. where a statute ..... 1973 to cases of persons apprehending arrest.(iii) whether the notification no. f. 40 (e)-3(l)-73-x-l dated the 14th november, 1973 is in accordance with law.(iv) whether the court in an application under section 438 of criminal p. c, 1973 can also consider whether there are reasonable grounds; for believing that the person concerned is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP65; 1974MPLJ869
..... for two reasons. firstly, the transactions are post-notification transactions. the notification for acquisition was issued on 4-12-1959 and the purpose of acquisition was extension of the abadi. the entire locality was to be developed for residential purposes. the expectation of improved communication and other amenities which the municipal committee or the ..... importance of the evidence relating to those transactions.33. not much harm, however, has been done, since the two earlier decisions of this court, which had extensively dealt with the evidence relating to transactions, both genuine end collusive, and which had made its own award, could be looked into as best instance, comparable in ..... by the high court, by filing a writ petition. the land acquisition officer was directed by this court to proceed afresh in accordance with the provisions of law.4. the land acquisition officer fell into an error again. he proceeded on the basis of the previous notices issued under section 9 of the act. he .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP46
..... to be asked and answered; whether there is pressure on the land for building activity, whether the acquired land is suitable for building purposes, whether the extension of the said activity is towards the land acquired what is the pace of the progress and how far the said activity has extended and within what time ..... . that being so. even though the enquiry and the consequent award were supposed to be administrative in nature, the point for consideration was. whether the evidence lawfully recorded by the land acquisition officer, following the provisions of the civil procedure code, and the documents received by him after due proof either by admission or by other legal ..... is wrong and the weight of that burden depends on the nature of the award.'the authority fully supported the view that the evidence relating to transactions, lawfully proved before the land acquisition officer, could be read in evidence before the court dealing with a reference under section 18 of the land acquisition act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP152
..... the approval, certificate, or decision of the architect -- for example the valuation of and determination of liability for additions or variations to the work, or extensions of time and the consequential liability to pay liquidated damages. in all cases, as previously indicated, the binding effect of such approval certificate or decision depends ..... an honest judgment, i.e., on grounds of collusion or misconduct. 41. in hudson's building and engineering contracts, (8th edition, page 210), the law is stated thus--'the great majority of building contracts contain a provision that the work generally shall be done to the satisfaction of a third person, usually of ..... to the applicationof the respondent, praying that the agreement be filed and a reference be made to arbitration, the appellants pleaded that the matter could not, in law, be referred to arbitration. their case was that the decision of the superintendingengineer, rejecting the respondent's claim, was final in terms of clause 13-a. .....
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