Court : Madhya Pradesh
Reported in : 2004(2)MPHT524; 2004(3)MPLJ59
..... by his son rajaram (p.w. 2). looking to the nature of the incident, appellant could have been extended the benefit of provisions of probation of offenders act because the benefit of it should be given liberally. the order of courts below to the extent of not extending the benefit of release on probation to the ..... not considered this aspect. existence of some dispute regarding the exit of water could hardly be a ground to decline the benefit of provisions of probation of offenders act. existence of some prior disputes cannot be equated with 'previous enmity'. it is also important that the incident took place as she buffalo of accused kaluram entered ..... and he should have been given the benefit of section 360 of criminal procedure code and the concerned provisions of probation of offenders act. this contention has some force in it. the benefit of provisions of probation of offenders act should be given liberally.6. from the perusal of the record, it appears that in the final report filed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP257
..... was reduced to rs. 530/- per month by the raj pramukh for the lifetime of the appellant only. this was confirmed by the president on 24-9-1951, the appellant brought the present suit claiming that the reduction of his allowance was illegal and ultra vires. he claimed arrears for 3 years and 2 months.3 ..... the subjects of the state could not enforce any of its provisions in municipal courts. we may quote the following observations :'altogether different considerations arise when the act of the sovereign has reference not to the rights of his subjects but to acquisition of territories belonging to another sovereign. that is a matter between independent ..... ordinary notions, be deemed to have exercised his legislative authority.' when again he affirmed or reversed a judicial decision, that may appropriately be described as a judicial act. a rigid line of demarcation, however between the one and the other would from the very nature of things be not justified or even possible.'in director of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP286
..... 518. but this rule is subject to several important qualifications which have been elaborately considered in nagappa v. madras race club, ilr (1949) mad 808: (air 1951 mad 831 (2)). the madras high court pointed out in mat case that a shareholder has a right to bring an action-(i) in respect of matters which are ..... for 22nd january 1965, or any adjourned meeting thereof, 'save and except in accordance with the provision of section 87 read with section 89 of the companies act, 1956'. he has also prayed that the defendants in the suit be restrained by a permanent injunction from sponsoring, supporting, putting to vote or passing resolutions specified ..... following circumstances.2. the petitioner no. 1, the nava samaj ltd. (hereinafter referred to as the company) is a public limited company incorporated under the indian companies act having its registered office at nagpur in maharashtra state. the main object of the company, as mentioned in the memorandum, is the printing and publishing of a news .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP167
..... even if the plaintiff was actually in saharanpur on the date when it was delivered of to his son, such service fulfilled the requirement of section 106 t. p. act.10. it is then maintained by the learned counsel that the plaintiff waived his notice by accepting rent on november 2, 1955. the argument is that although the ..... order 5 of the civil p. c. substituted service was permissible only when the attempt to effect personal service had failed; but under section 106. transfer of property act, service may be effected in one or other of the modes prescribed.8. the appellant did not specifically plead in the written statement that lie had relinquished his residence ..... am clearly of the opinion that an established home where a person's wife and children live is undoubtedly his residence for the purpose of section 106 t. p. act, even though he may be employed elsewhere. a place is a person's residence if he has lived there and has freely exercised his intention of remaining there permanently .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP265
..... does not apply topending suits. in this connection, it will besufficient to refer to the decision of the supreme court in chandrasingh manibhai v. surjit lal, air 1951 sc 199 where the expression 'no suit for recovery of possession shallbe instituted by a landlord against a tenanton the ground of non-payment of the standard rent ..... by this section that the notification dated the 13th june 1964 was issued by the central government extending inter alia to jabalpur cantonment the m. p. accommodation control act, 1961, with the modification set out in the notification. the modification material here is the omission of section 51 (which was formerly numbered as 52) of ..... after validly terminating the tenancy. 3. the sole question that arises for determination in this appeal is whether the aforesaid notification has the effect of making the act of 1961 applicable to eviction suits, pending on the date of the notification. it must be stated at the outset that the regulation of house accommodation. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP252; II(2003)BC531; 2003(2)MPLJ200
..... based on compromise or consent. reference to rani manprasad v. gopichand, air 1973 sc 566, was not relevant. in that case appeal was prohibited under the local rent act applicable to bombay. revision to high court was also not provided. high court was not requested to exercise its power under section 115 of the cpc. appellant in supreme ..... members of the conciliatory board had certain powers of arbitration but they acted only on basis of mutual consent of parties and their trust in them. a docket had to be prepared with the summary of the case and contentions of the ..... was conciliation. it emanated from the goodwill and consent of both the parties. lok adalat had been only a forum for alternative dispute resolution. the bench of lok adalat could act on conciliation. the same had no adjudicatory functions. for adjudicalion of a case, the parties had to be sent back to the regular court. though, of course, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996]218ITR21(MP)
..... the new circular has been issued keeping in view the decision of this court as well as the allahabad high court. once section 187 of the income-tax act has been interpreted, this circular cannot be binding on this court, and the circular will not change the position. the learned tribunal made certain observations regarding the ..... shares of the partners. in case the original instrument of partnership evidences this change, the firm is entitled to continuance of registration under section 184(7) of the act.'11. the tribunal primarily felt persuaded on account of these two earlier judgments of the allahabad high court in the case of ganesh lal laxmi narain v. cit : ..... the partners amounted to change in the constitution of the firm and, therefore, the assessee should have applied for fresh registration under section 185 of the income-tax act, 1961, for the assessment years 1976-77 and 1977-78 whereas in fact the assessee had filed declarations in form no. 12 for both the said assessment years .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP380; 1962MPLJ323
..... to the passing of the preliminary decree were pending in the trial court although an appeal had been preferred against the preliminary decree and it had therefore sufficient jurisdiction to act in exercise of its powers under order 40, rule 1, c. p. c. to appoint a receiver. reliance in this connection was placed by the learned counsel upon the decision ..... contrary, as was held in ilr 18 mad 214, pichuvayyangar v. seshayyangar; but it is a very different thing to press this principle so far as to say that the act of a party in filing an appeal deprives the court of first instance of power to dispose of an application which has been properly made to it in the exercise .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2001)ILLJ371MP; 2000(4)MPHT431; 2000(3)MPLJ461
..... assurances, officials and railway ministers were not going to do anything, the appellant was compelled to raise industrial dispute under section 10(1) of the industrial disputes act, 1947, against the railway management before the regional labour commissioner, central, jabalpur, for conciliation on july 21, 1998.2. further case of the appellant is ..... : 1999-i-llj-1260. in this case, the services of the workman were terminated by the management without compliance of the mandatory provisions of the industrial disputes act, 1947. the dispute regarding termination of service was referred to labour court by the government on march 19, 1982. by award dated april 16, 1986, reinstatement ..... to reject the reference for adjudication. further, the claim of the workman cannot be rejected as 'very stale' or opposed to the provisions of the act, or inconsistent with any agreement between the parties, or patently frivolous and that it is not open to the government to refuse reference merely on the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(3)MPHT249
..... stated that the appellant jagannath pierced the ballam inside the body of the deceased mangilal. the ballam was containing an iron blade and the same iron blade was thrust. the act of thrusting of ballam continued eight to ten times and all this was seen by him from a distance of one furlong. he further testified that because of cries, he ..... the witness and can be used with the permission of the court by the prosecution to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872, and any part of his statement, if duly proved may be used by the accused. [see : mohd. jenal abidi v. state of assam, 1997 (volume 2) crimes 660]. use .....
Tag this Judgment!