Court : Madhya Pradesh
Reported in : 2006(2)MPHT344
..... fact was discovered by the information given by applicant siddhu. therefore, it is held that the information (ex. p-3) recorded under section 27 of the evidence act is inadmissible in evidence. apart from this statement, there is no incriminating evidence available on record against applicant siddhu.13. likewise the information (ex. p-13) said ..... being the information regarding the fact which was already known to the police and therefore this information was not admissible in evidence. section 27 of the evidence act reads as under:-provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the ..... siddhu was also arrested under the same provisions and was also interrogated and the information given by him was also recorded under section 27 of the evidence act. on the basis of information one idol was recovered from the house of applicant mukesh son of radheshyam. thereafter these two applicant and the seized idol .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP259
..... ' includes tstmurardar tenants, malikana haqholder tenants, hakkiyal mutafarrikat, sharah muyyana and sakitulmilkiyat tenants.' the term 'tenant' has been defined by section 54 (xviii) of the tenancy act, thus :'section 54. definitions.-- in this part, unlessthere be something repugnant in the subject or context :-- (xviii) tenant means a person who holds land for agricultural ..... purposes. the object with which the agrarian laws (madhya bharat land revenue and tenancy act no. 66 of 1950, madhya bharat zamindari abolition act no. 13 of 1951 and the madhya bharat abolition of jagirs aet no. 28 of 1951) were enacted was to improve the conditions of the agriculturists and to remove middlemen between ..... the state and the tiller of the soil. it was for the benefit of the tenants and sub-tenants that the madhya bharat muafi and inam tenants and sub-tenaat protection act, 1954 (no, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP73
..... ir r. (1910) 2 kb 601, and to the decision of the supreme court in chiranjit lal chowdhuri v. union of india, 1950 scr 869: (air 1951 sc 41). it is unnecessary to refer to several other cases to which our attention was drawn by the learned counsel for the petitioners.7. on behalf of the chancellor ..... shri chitale.9. on the arguments addressed by the learned counsel appearing for the parties, the main point that arises for determination is whether when the chancellor acts on a panel of names recommended by a committee consisting of two persons appointed by the executive council and one appointed by the chancellor the requirement that two ..... of the petitioners here is a member of the executive council and the other of the academic council, the university is a corporate body constituted under the university act and clearly all the members of the court, the executive council, the academic council and even the registered graduates are all equally interested in the university functioning according .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP279; 1988MPLJ301
..... , astherewasmisman-agement and difficult financial position, the central government by virtue of the powers conferred under section 18a of the industries development and regulation) act, 1951, handed over management of the two undertakings to the board of management initially for a period of 5 years which was extended from time to time ..... of their payment and abatement. the provisions are unjust, unreasonable, arbitraory, discriminatory, unconstitutional and void. there is no nexus between the object of the act and the basis of differentia and the classification. there is no intelligible differentia to distinguish the claims between post-take-over management period and pre-take ..... on 4-5-1979. thereafter hind cycles limited and sen-raleigh limited (nationalisation) ordinance, 1980 was promulgated on 25-10-1980 which was subsequently made act no. 70/1980 -- by notification dt. 28-10-1980 the central government transferred the ownership and management of the two factories to the government .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]116ITR96(MP)
..... lallubhai patel : [1965]55itr637(sc) , this court quoted with approval a passage from the decision of the madras high court in gutta radhakrishnayya v. gutta sarasamma, air 1951 mad 213. that passage reads thus : 'partition is really a process in and by which a joint enjoyment is transformed into an enjoyment in severalty. each one of the ..... v. ced : [1966]61itr317(mad) , held that premiums in respect of policies having been paid by the joint family funds, section 14 of the e.d. act cannot be made applicable. the decision on which reliance has been placed by learned counsel for the department is the decision of the calcutta high court reported in smt. ..... passing on death of the deceased. in cgt v. n.s. getti chettiar : [1971]82itr599(sc) , their lordships of the supreme court, after examining the relevant provisions of the act, held (page 606):' we do not think that a partition in a huf can be considered either as 'disposition' or 'conveyance' or 'assignment' or 'settlement' or 'delivery' or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP293
..... not intended for safeguarding the rent payable under the rent note. the rent was payable in advance. this amount was in fact intended for safeguarding the premises from any act the tenant resulting in damage to the same. it was open for the landlord to repair the damage and to deduct the amount spent for it on effecting those ..... that calling upon the tenant to vacate on 21st could not be said to be bad. the learned counsel relied upon the provisions of section 110, transfer of property act and the decision of their lordships in privy council in benoy krishna das v. salsiccioni air 1932 pc 279, and upon the decisions of nagpur high court reported in ..... commenced on 20th of every month whereas the plaintiff had required the defendant to vacate on 21st. this was contrary to the requirements of section 106, transfer of property act for a valid notice to quit. he accordingly allow-ed the appeal and dismissed plaintiffs claim for ejectment and mesne profits. this is a second appeal by the plaintiff .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1980)19CTR(MP)302; [1981]128ITR77(MP)
..... revision directing the ito to compute and recover interest without disturbing the order of assessment.4. the ito's jurisdiction to impose penalty under section 273(c) of the act arises if he 'in the course of any proceeding in connection with the regular assessment' is satisfied that the assessee has without reasonable cause failed to furnish an ..... in part and allowed a reduction of rs. 2,000 in the total income of the assessee. the addl. commissioner thereafter served a notice under section 263 of the act on 28th september, 1972, on the assessee to show cause why the assessment be not set aside as it was prejudicial to the revenue. the assessee objected. by ..... circumstances of the case, the tribunal was right in law in holding that the order of the additional commissioner of income-tax, passed under section 263 of the income-tax act, 1961, was without jurisdiction and hence invalid in law?'2. the facts, briefly stated, are that for the assessment year 1970-71, the assessee filed the return .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1998(79)FLR150]; (1999)ILLJ772MP
..... ) held that the automatic termination of the petitioner under clause 19 amounts to retrenchment and as the pre-requisites of section 25f of the industrial disputes act, 1947 (for short the 'act'} were not complied with, the order of termination is illegal and void. however, on the alternative plea raised by the management, the cgit directed ..... contended that the termination was under clause 19 which is evident from the order itself, therefore, such termination amounts to retrenchment under section 2(oo) of the act which cannot be effected without complying with the pre-requisite of section 25f as has been held by the supreme court in rolston john v. central government ..... in supervisory jurisdiction under article 227 of the constitution of india.5. having heard learned counsel for the parties, i am of the opinion that the cgit acted illegally in permitting the management to prove the misconduct as on the face of the order, the management had taken action under clause 19 for over-staying the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1989)ACC491; (1990)ILLJ25MP; 1989MPLJ28
..... expressed in usha bai's case (supra). a division bench in the case of kathleen bias v. h.m. coria & sons, (air) 1951 cal 513, construed section 8 of the act to hold that no deduction on account of an ex gratia payment is permissible 'because the section says that such payment shall not be deemed ..... of ex gratia compensation, whether made under any other statutory provision or under contract. we further hold that the compensation which is determined payable to the workman under the act is not reducible on account of such payment though 'deduction' or 'repayment' contemplated statutorily under section 8 only, can be made. we also hold, therefore, ..... of compensation in different cases of injuries resulting in death and in disablements of different degrees. reference is made in those clauses to the schedules annexed to the act and in the schedules, mechanics of actual determination of the compensation is specified in clear terms. the legislature clearly intended that the injured workman, and in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP282
..... and estimate. in april 1950, the collector suggested that the pattas themselves should be cancelled; but the chief commissioner refused, and they remained in force. in 1951, gome appraisal of the really cultivable portions was made, and a suggestion was offered by the collector that such portions as could in no event be brought ..... by government in accordance with the conditions of the grant or lease is without the authority of law. such grants are also governed by the bhopal tenancy act, which after enumerating the general provisions expressly enables the government to maks grants with special conditions in special circumstances. the argument, in fact, is that this ..... and if so, whether the extenuation pleaded by the petitioners could properly be considered in course of these proceedings. and finally,(v) while government was ostensibly acting in accordance with the conditions of the grant, is it really motivated by some ulterior purpose, such as its unwillingness to approve of the disposal of .....
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