Court : Madhya Pradesh
Reported in : 1999(1)MPLJ648
..... of 1995 (raymond limited and anr. v. state of m.p. and ors.) are taken into consideration.the petitioner is a company registered under the companies act, 1956, having its registered office at ratnagiri in the state of maharashtra. its cement manufacturing division is situated at gopalnagar, tahsil janjgir, district bilaspur (mp). the ..... energy supplied under this agreement either in whole or in part through lock out, strike, riot, insurrection, command of civil or military authority, fire explosion, act of god other unavoidable cause or natural calamity (hereinafter called the 'breakdown') then and in any such case, the consumer on giving notice in writing to ..... is prevented from receiving or using the electrical energy supplied because of lock out, strike, riot, insurrection, command of civil or military authority, fire, explosion, act of god, other unavoidable cause or natural calamity, then in any such case, the consumer on giving notice in writing to the board of such breakdown shall .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP233; 1985MPLJ498
..... was an application challenging the existence of arbitration agreement between the parties which is not provided for in the third division to the schedule under article 119 of the act. hence, article 137 would be applicable and we hold that the application under section 33 was filed within time.14. the counsel for the respondent then argued that ..... in para 13 of the judgment that no interim award was passed by the arbitrators. hence, it was held that section 39(1)(vii) of the arbitration act was also not applicable. the facts of this case are distinguishable as the learned district judge has set aside the award after holding that there was no arbitration agreement ..... court heard the arguments on 21-1-1981 and passed the impugned order rejecting, the application of the appellant u/s. 14 read with sec. 17 of the act and allowed the application under section 33 filed by respondent. the award filed by the arbitrator was set aside. the appellant therefore, preferred this appeal under section 39 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT473
..... of a fair and just opportunity of putting forth its objections for due consideration of the acquiring authority, while applying the urgency clause, the state should indeed act with due care and responsibility. invoking urgency clause cannot be a substitute or support for the laxity, lethargy or lack of care on the part of the ..... the minimum time needed to give a hearing land acquisition authorities should not, having regard to articles 14 (and 19), burke an enquiry under section 17 of the act. here a slumbering process, pending for years and suddenly exciting itself into immediate forcible taking, makes a travesty of emergency power.13. in chandramani sahu (supra), ..... is propounded by mr. aradhe that the facts and circumstances do not justify invocation of the emergency powers and non-application of mind is inherent in the entire act. it is also proponed by mr. aradhe that the learned single judge is not justified in holding that the urgency clause can be invoked by subjective satisfaction, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT316
..... of circumstances that would be equitable, fair and just and unless there is anything to the contrary in the statute, law must take cognizance of that fact and act accordingly. in the context of fast changing circumstances and economic stability, long-term for redemption makes a mortgage an illusory mortgage, though not decisive. it should prima ..... subsequent purchaser. in the matter of madangopal v. shrinarayan air (33) 1946 nagpur 226, it was held that in view of section 59a of transfer of property act include the subsequent purchaser of the mortgaged property. learned counsel submits that the suit for possession on un-registered mortgage is maintainable and the court can pass a ..... alleged by the plaintiff and sets up a sale to him, the plaintiff cannot recover possession when by reason of the provisions of the transfer of property act the plaintiff cannot prove the mortgage sued on and the defendant cannot prove the sale relied upon by him.it is in accordance with the principles of sound .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP169
..... the amendment, we think it appropriate to reproduce the objects and reasons of the aforesaid amendment:in sub-section (4) of section 50 of the aforesaid act, no time limit prescribed to consider objections and suggestions received in respect of town development scheme in draft terms and for its final publication. this is ..... interest is sans legality and, therefore, has to pale into insignificance.8. to appreciate the rivalised submissions, it is apropos to reproduce section 50 of the act:50. preparation of town development schemes.-- (1) the town and country development authority may, at any time, declare its intention to prepare a town development scheme ..... eventually, in the case of the respondent-writ petitioner, passed an order holding that the applicants were entitled for permission for development under section 29 of the act as the scheme had lapsed. the respondent no. 2, the principal secretary, housing and environment department, in exercise of suo motu power of revision conferred .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(4)MPHT323
..... holding that the court at sagar, within local limits of whose jurisdiction, the marriage was solemnized, also had the jurisdcition to entertain the action based on tortuous acts allegedly committed elsewhere instead, he ought to have returned the plaint for presentation to the court having territorial jurisdiction. however, he did not commit any illegality in ..... referred to.15. it is, therefore, apparent that the civil court at sagar had no jurisdiction to entertain the r's suit based on the alleged acts of cruelty and harassment allegedly committed by her husband and his parents at chhatarpur and raipur.16. the third and last contention raised by the learned counsel for ..... v. smt. leena roy air 2001 mp 192.5. in jitendra nath biswas's case (supra), observing that the relief was available under the industrial disputes act, 1947 only, the supreme court proceeded to hold that the jurisdiction of civil court was impliedly barred whereas, in pushpagiri math's case (above), jurisdiction of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT76
..... flying squad of forest officers one harprasad rawat was found carrying sand freshly dug out from chambal river, an area declared as a sanctuary under section 18 of the act, with spade and pick-axe (favada & gainti) without permission. the vehicle was seized by one bhagwat singh jadon game guard (forest guard), game range, sabalgarh. ..... for the purpose of entry, seizure, arrest and detention the official has to form the belief on reasonable grounds that the person has committed an offence under the act. the magistrate is, therefore, required to consider these aspects while dealing with the application as noted above. it cannot be a routine exercise. as noted above, ..... provide punishment for wrongful seizure etc.11. on perusal of the papers, prima facie it appears that the vehicle was involved in commission of the offence under the act. in view of the observation of the apex court, orders passed by both the courts below do not appear erroneous. accordingly, the contention of shri bhadoriya is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ1305
..... by reference to which the exercise of these powers will be regulated. this court has the power to regulate its own procedure under section 24, madhya bharat high court act, (act 8 of 1949) & the rules as to who will apply for these writs & what form those applications should take will be framed by this court. i ..... 70) it was in the following terms:the said supreme court shall not have or exercise any jurisdiction in any matter concerning the revenue or concerning any act or acts ordered or done in the collection thereof according to the usage & practice of the country or the regulation of the governor general in council. it was ..... for the purpose of quashing such proceedings & in the other to bring up & quash the proceedings of the regional transport authority, southern region appointed under motor vehicles act. wherein according to the petitioner dayabhai patel the regional transport authority did not consider his applications for permits to ply buses on certain routes. these are the first .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(3)MPHT555
..... any expense incurred by him in cutting off and reconnecting the supply, are paid, but no longer.(2) where any difference or dispute which by or under this act is required to be determined by an electrical inspector, has been referred to the inspector before notice as aforesaid has been given by the licensee, the licensee shall not ..... which have been considered in the light of the material on record and the provisions of law governing the situation.5. section 2(c) of (the indian) electricity act, 1910 defines a consumer as under:'consumer' means any person who is supplied with energy by a licensee or the government or by any other person engaged in ..... a sum of rs. 9,36,617/- purporting to be towards electricity dues of sister companies.2. petitioner is a limited company duly registered under the provisions of companies act. it obtained electricity connection from respondent no. 1 and an agreement dated 17-1-1987 (annexure p-l) was duly executed between the petitioner and the electricity board. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT155
..... is an essential distinction between an equitable mortgage as understood in english law and the mortgage by deposit of title deeds recognised under the transfer of property act in india. in england an equitable mortgage can be created either (1) by actual deposit of title-deeds, in which case parol evidence is admissible ..... in consequence thereof the trial court framed charges against the petitioner under sections 420, 120-b, 467, 468 and 471, ipc.9. section 58 of the transfer of properties act, 1882, defines the words 'mortgage', 'mortgagor', 'mortgagee', 'mortgage-money' and 'mortgage-deed', which reads as under:58. ...(a) a mortgage is the transfer of ..... the district judge, gwalior in the year 1996. after constitution of debt recovery tribunal under the provisions of the recovery of debts due to banks and financial institutions act, 1993, the aforesaid civil suit was transferred to debt recovery tribunal, jabalpur (for short 'the drt') and it was registered as transfer application no. 875/ .....
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