Court : Madhya Pradesh
Reported in : II(1992)DMC420
..... mst. katiji and others, air 1987 sc 1353, the apex court while considering acase of condonation of delay on an application under section 5 of the limitaion act, observed that the approach should be liberal aad justice oriented andfor that laid down six principles; one of them is, when substantial justice andtechnical considerations a ..... was having no jurisdiction to proceed with the case against the defendant ex-parte,14. in such a case plea of limitation under article 123 of the limitation act was not available to the respondent, as there was no service, however,the however, the defendant having remained in belief that the defendant willget the response waited ..... leading to this, appeal are thus: that the respondentplaintiff, the husband of the appellant/defendant, instituted a suit under section13(1) (ia) & (ib) of the act for dissolution of marriage. of the suit the summons were not served in the ordinary manner as well as by the registered post. the registered envelope was received back .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2005)196CTR(MP)474; [2006]281ITR431(MP)
..... . secondly, it was wrongly treated by their lordships to be a reference under section 256(1) whereas in effect it was an application made under section 256(2) of the act. thirdly, and in any event, their lordships having declined to apply their mind to the facts of the case saying that since none has appeared for parties and hence, we ..... in the nature of capital receipt. it is against this view, the revenue when prayed to tribunal for making a reference to this court under section 256(1) of the act, the tribunal by impugned order rejected the prayer saying that it is a question of fact and hence, not a fit case to refer.7. we do not agree with ..... similar type of order passed by the tribunal (itat).2. this is an application made by the revenue (cit) under section 256(2) of it act consequent upon the rejection of their application made under section 256(1) of it act by the tribunal by their common order dt. 9th july, 1997, passed in r.a nos. 44, 45 and 46/ind/1997 which .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ480
..... to be some confusion in the courts about the law relating to process fees. it is under rules framed by the high court under section 20 of the court fees act that process fee is payable. these rules for processes to be issued by criminal courts are reproduced in rules 546 to 549 of rules and orders (criminal). at the ..... compel the appearance of such witnesses. (see rule 546(3)). thirdly, no process fee is payable for any process issued upon the complaint or application of any public officer acting as such public officer, or of any railway servant acting as such railway servant. but process fee is payable in cases instituted on complaint by a police officer authorised under the municipalities ..... act, or rules or byelaws made thereunder. (see rule 546(2)). this is briefly the law relating to process fees in criminal cases.6. coming to the present case, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ832
..... ) imprisonment for life under section 302 of indian penal code; (ii) rigorous imprisonment for one year under section 25(1)(a) of the arms act and (iii) rigorousimprisonment for two years under section 27 of the arms act (sentences were directed to run concurrently), awarded by the additional sessions judge, chhatarpur in session trial no. 116 of 1985, decided on 20-12 ..... ) imprisonment for life under section 302 of indian penal code (ii) rigorous imprisonment for one year under section 25(1)(a) of the arms act and (iii) rigorous imprisonment for two years under section 27 of the arms act (sentences were direced to run concurrently), awarded by the additional sessions judge, chhatarpur, in sessions trial no. 116 of 1985, vide judgment dated .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1986(52)FLR495]; (1994)IIILLJ73MP; 1986MPLJ473
..... birth and had never raised any objection regarding the same. the standing order no. 39 of the standing orders (plant), which are duly certified under the industrial employment (standing orders) act, 1946, prescribes the superannuation age of an employee to be 58 years. accordingly, the petitioner, by its order dated 12.8.1981 annexure-d, communicated to the respondent no. 3 ..... the annexure-i.5. after hearing the learned counsel and going through the entire record we are of the opinion that both the labour court and the industrial court have acted beyond the scope of their jurisdiction by trying to make out a new contract for the parties by changing the date of birth of the respondents chulhanram and b.k .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP330; [1961]43ITR184(MP)
..... petitioner that there being thus a constitutional obligation on the government of india to exempt the petitioner from taxation the relevant provisions of the indian income-tax act, finance act of 1950, and the taxation concessions order, 1950, purporting to authorise imposition of tax on the petitioner, company so as to abrogate the exemption ..... fibre section was rejected. thereafter assessment proceedings against the company were started and the petitioner company was assessed to income-tax for the assessment years 1950-51, 1951-32, and 1952-53.5. in this slate of facts, which are not in dispute, shri mitra. learned counsel appearing for the petitioner company, first ..... also submitted that assuming that the obligation under article 295(1)(b) could be taken away by legislation, the general provisions of the income-tax act, finance act and the taxation concessions order could not be construed as abrogating the exemption granted to the petitioner under a special law, viz., the order of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT303; 2001(2)MPLJ335
..... the posts were lying vacant and no fresh panel was prepared during that period. the right to get appointment in view of the provisions contained in the apprenticeship act was upheld.17. the aforesaid decision is also clearly distinguishable. 18. in view of what has been indicated hereinabove, we are not satisfied that any sufficient ..... the petitioner, however, was nol granted any appointment on the basis of the select list, he, therefore filed an application under section 19 of the administrative tribunals act, claiming a direction requiring the respondent-authorities to appoint him as against the vacancy on the post assistant grade iii reserved for the backward classes in the department ..... 49. 16. in the aforesaid case, the petitioner was found to have a right under the apprenticeship act and he had completed 2 years of apprenticeship. this court had observed that no provision had been shown under any act or rule to maintain the list only for one year. it had been found that in the absence .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987(11)LC396(MP); 1984(16)ELT73(MP)
..... the alleged illegality of the seizure made by the respondent no. 1.5. learned counsel for the petitioners laid great emphasis on the provisions of section 110 of the customs act, which empowers an authorised officer to seize the goods only if he has reason to believe that any goods are liable to confiscation under the customs ..... act. learned counsel vehemently argued that there was no such reason to believe for seizure of the goods in question. he referred to two decisions in support of his contention. they ..... then passed an order holding that the statutory burden cast on the petitioner under the sea customs act had not been discharged. in the writ petition vires of section 170a of the sea customs act were challenged and the madras high court held that the said section was invalid and inoperative. in the petition before us there is no such challenge .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(3)MPHT391
..... . but, there is a significance but. to elaborate : the petitioner had approached the state administrative tribunal by filing an original application under section 19 of the administrative tribunals act, 1985 (for brevity 'the act') for grant of certain reliefs the action initiated by him was pending for adjudication.3. presently we may sit for a while on the time machine. after the ..... state madhya pradesh reorganisation act, 2000 came into being the state administrative tribunal was abolished by the state government, which was assailed before this court and eventually this court affirmed the action of the state .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2000)DMC415
s.p. khare, j. 1. appellants hemraj and subhadrabai have been convicted under sections 498a and 306, i.p.c., and section 4 of the dowry prohibition act, 1961 and sentenced to rigorous imprisonment for two years, ten years, and two years respectively. they have also been sentenced to pay a fine of rs. 1,000/-, rs. 5, ..... seven years and all the substantive sentences are ordered to run concurrently instead of consecutively. the sentence of fine under section 306, i.p.c. and section 4, dowry prohibition act, 1961 are also set aside. with this modification in the sentence the appeal is dismissed.
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