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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: madhya pradesh Year: 2004 Page 1 of about 11 results (0.078 seconds)

Dec 04 2004 (HC)

Gangabishan Dwarikadas Agrawal Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Dec-04-2004

Reported in : 2005(3)MPHT220

..... supra) the apex court considering the definition of person under section 61 (i) (b) of the punjab municipal act held in paras 18 and 19 thus :-'18. 'partnership' as defined in section 4 of the indian partnership act, 1932, is the relation between persons who have agreed to share the profits of a business carried ..... municipality. there is nothing in the language of section 61 or the scheme of the municipal act which warrants the construction that persons who are carrying on a trade in association or partnership with each ..... not carrying on a trade or calling within the purview of clause (b) of section 61 (1) of the municipal act. at the most, it can be said that each of these six persons is severally as well as collectively carrying on a trade in the ..... as to include a contractual firm, also, within the purview of expression 'persons' used in clause (b) of section 61 (1). indeed, the entire effort to import the definition of 'person' given in the general clauses act, into section 61 (1) (b) of the municipal act ..... persons' and they are carrying on a trade in chheharta municipality.19. in the view we take, we do not think it necessary to go further into the question whether the definition of 'person' given in section 2 (40) of the punjab general clauses act, can be imported into the statute under consideration, so .....

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Jan 28 2004 (HC)

Smt. Kamla Durga Solanki Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Jan-28-2004

Reported in : 2004(2)MPHT76; 2004(2)MPLJ140

..... and names of those neutral need not be recorded and absence of such recording does not render motion invalid.19. in the case of sojharmal v. municipal council, kharsia (1964 jlj 139) the question involved was where the statute not prescribing the mode of voting, whether the ballot-mode of voting ..... the judgments in the case of manohar singh marwaha v. state of m.p. [2003 (i) mpjr 12] and tarlochan dev sharma v. state of punjab and ors. (air 2001 sc 2524) and submitted that in a democracy governed by rule of law, once elected to an office in a democratic institution, ..... the requirements or conditions, although mandatory, may be waived by him if no public interest are involved and in such a case the act done will be valid even if the requirements or conditions have not been performed. full bench referred to two judgments in the cases of dhumadhandin v ..... but they are directory in nature. it is further held that the general rule is that non-compliance of mandatory requirement results in nullification of the act. there are, however, several exceptions to the same. if certain requirements or conditions are provided by statute in the interest of a particular person, ..... elected as president of the zila panchayat under section 32 of the madhya pradesh panchayat raj and gram swaraj adhiniyam, 1993 (hereinafter, referred as the 'act'). after her election, an application was submitted to the commissioner, chambal division by some of the members of the panchayat proposing to move motion of .....

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Aug 25 2004 (HC)

Nityanand Joshi Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Aug-25-2004

Reported in : 2005(1)MPHT163; 2004(4)MPLJ478

..... are the same and point involved are also same in all these three revisions.2. the applicant is a retired executive engineer of municipal corporation, indore. he has tiled these revisions against the order dated 7-2-2002 whereby the learned i addl. sessions judge and special judge ( ..... storey building without obtaining or grant of permission/sanction by the authority of town and country planning which was mandatory and the provisions of corporation act regarding height of the building as well as regarding construction of multi storey building on the land of waqf board were not considered and complied ..... sanction on the same material. the learned counsel for applicant has placed heavy reliance on the judgment passed by the punjab and haryana high court in surjit singh v. state of punjab and ors., civil writ no. 3829/1978. the learned counsel has filed the photostat certified copy of the judgment. ..... dated 10-12-1999 that for charge nos. 2 and 3, i.e., regarding non- compliance of the provisions of town and country planning act for grant of permission to construct the building as well as non- compliance of provisions of grant of building construction by the corporation, the detailed ..... sanctioning authority by order dated 10-12-99. thereafter, again the sanction has been granted to prosecute the applicant for the offence under the act by the sanctioning authority by order dated 13-5-2000. the learned counsel has submitted that the authority once refused to grant sanction to prosecute .....

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Nov 29 2004 (HC)

Srf Limited Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Nov-29-2004

Reported in : AIR2005MP79; 2005(1)MPLJ481

..... insurance corporation v. commissioner of inland revenue, (1888) 21 qbd 352; inland revenue v. james john oliver, (1909) ac 427 and deddigton steamship company ltd. v. commissioner of inland revenue, (1911) 2 kb 1001. but the true meaning of this rule is really this that the recitals in the instrument should not be lost sight of merely because the parties gave ..... kumar gupta, air 1991 sc 401 wherein the expression 'instrument' as defined in section 147 of the delhi municipal corporation act was considered and it is observed that the said expression has the same meaning as the word 'instrument' used in the stamp act. after considering the definition of the word instrument, it has been observed by the supreme court that a document ..... document purporting to transfer such interest in immovable property, the document will attract stamp duty. conversely also, as the duty is on the instrument even though where the parties have acted in furtherance of the agreement between them by conducting their affairs accordingly but have not executed any instrument to that effect, in the absence of any instrument to that effect ..... of registration gave certain guidelines which inter alia contains the procedure to be followed for assessment of stamp duty, valuation of the property in the manner provided for in the act so also for obtaining opinion from the office of sales tax and other authorities. according to the petitioner the aforesaid guidelines of the inspector general of registration were issued to .....

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Oct 11 2004 (HC)

Smt. Padma and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Oct-11-2004

Reported in : 2005(3)MPHT198

..... eminent persons who have rendered service to society, can not be termed as irrational. the petitioners are businessmen taking leases for commercial purposes from a municipal council. they can not obviously claim to fall in the category of 'eminent writers/poets' or 'low-income group citizens' taking houses under self ..... exercise of such power; it must likewise include the power to fix the rate....'8.3. in malwa bus service (p.) ltd. v. state of punjab : [1983]2scr1009 , the supreme court held :-'there is no dispute that even a fiscal legislation is subject to article 14 of the constitution. but ..... such class, are chargeable.12. the petitioners invited our attention to the following notifications issued by the state government under section 9 of the act granting exemption and reduction in stamp duty :-(i) notification dated 11-8-1997 exempting the stamp duty in respect of the deed of lease/ ..... can be struck down by just saying that it is arbitrary or unreasonable. some or other constitutional infirmity has to be found before invalidating an act. an enactment can not be struck down on the ground that court thinks it unjustified. the parliament and the legislatures, composed as they are ..... direction to the state government to exempt or reduce the stamp duty in regard to their lease deeds by exercising power under section 9 of the act. they also sought a direction to third respondent to deliver possession of their shops forthwith, which they did not press during arguments.2. articles 35 .....

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Aug 31 2004 (HC)

Deepak Saxena and Etc. Etc. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Aug-31-2004

Reported in : AIR2005MP14; 2005(1)MPHT321; 2004(4)MPLJ379

..... we are in complete agreement with the high court's view in this behalf.the apex court in state of maharashtra v. the jalgaon municipal council, air 2003 sc 1659 considering the fundamental principle of fair hearing incorporated in the doctrine of natural justice and as a rule of universal ..... 3 scc 398 : air 1985 sc 1416.3. s.n. mukherjee v. union of india, (1990) 4 scc 594 : air 1990 sc 1984.4. state of punjab v. mahajan sabha, gurdaspur, (1996) 1 scc 538 : air 1996 sc 2153.5. dr. umrao singh choudhary v. state of m.p., (1994) 4 scc ..... suffer from two insurmountable infirmities. one is that the entire committee of management has been superseded. there is a provision under section 30 of the act to supersede the management. the state government does not take recourse to the section. indirectly the state government has overthrown the committee of management including ..... of central co-operative bank. this committee submitted its report recommending action against the banks under section 52(4) and other provisions of the act. audited accounts of all the societies were examined to verify the financial condition of the societies. in the case of district central co-operative bank ..... district co-operative land development bank ltd., chhindwara.(e) regional vipnan adhikari, m.p. rajya co-operative vipnan sangh.section 52(1) of the act empowers the government to nominate up 4 members in the committee of society, where the state government has subscribed to the share capital of society or .....

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May 14 2004 (HC)

Agrawal Steels Vs. Grasim Industries Limited and anr.

Court : Madhya Pradesh

Decided on : May-14-2004

Reported in : AIR2005MP125; 2005(2)MPHT233

..... or 'in relation to' or 'in connection with' with the contract and the reference to the arbitrator was not barred.9. in the case of municipal corporation of delhi v. jagan nath ashok kumar and anr. (air 1987 sc 2316), it has been held that reasonableness of reasons given by an arbitrator ..... as a consequence of which the principles of natural justice have been violated and that could come under section 34 (2) and (3) of the act of 1996. it is contended by him, during the arbitral proceedings, documents were filed of which the owner had no notice. the aforesaid agreement apparently ..... procedure was not in accordance with part i of the act.however, exception for setting aside the award on the ground of composition of arbitral tribunal or illegality of arbitral procedure is that the agreement should not ..... in accordance with the agreement of the parties, (b) failing such agreement, the composition of the arbitral tribunal was not in accordance with part i of the act. (ii) if the arbitral procedure was not in accordance with :-- (a) the agreement of the parties, or(b) failing such agreement, the arbitral ..... unsuccessful, the claimant preferred a petition under sections 8 and 11 of the act before this court. in the said application, which formed the subject matter of mcc no. 931/88, justice b.c. varma, former chief justice of punjab & haryana high court was appointed as the sole arbitrator with the consent of .....

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Aug 17 2004 (HC)

Rakesh Kumar and Etc. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Aug-17-2004

Reported in : 2005CriLJ1483

..... half an hour and again started showering the filthy abuses, at that juncture the main door of govind singh was open. the locality was enllghted by tube-light installed by municipality. at that juncture, deceased was going to evacuate. it is said that appellant rakesh was carrying a ballam. on seeing the deceased, accused mithilesh snatched ballam from rakesh and inflicted ..... respect of involvement of accused mithilesh can be suspected. in this regard, we may profitably rely the decision of apex court in the case of swaran singh v. state of punjab, (2000) 5 scc 668 : (2000 cri lj 2780). on the basis of this decision, we can safely say that merely we have disbelieved that part of evidence of the abovesaid ..... and sweep of section 304 part i ipc. it be seen that, elements of mens rea and intention must accompany the culpable act or conduct of the accused. mere intention is not punishable except when it is accompanied by an act or conduct or commission on the part of the accused. in the present case, the intention is coupled with the culpable ..... act and conduct of the accused and, therefore, we are not impressed by the argument advanced by learned senior counsel that since a single blow was dealt, the case would rest .....

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Apr 08 2004 (HC)

Khushi Lal Vs. Ramchand Motwani and ors.

Court : Madhya Pradesh

Decided on : Apr-08-2004

Reported in : 2005(1)MPHT169

..... the case, when the petitioner immediately moved to the trial court in this regard, the application filed by the petitioner ought not to have been rejected. in similar facts, the punjab and haryana high court in harbans lal's case (supra) has considered the fact and allowed the application. it is not a case wherein the admission was sought to be ..... favour of plaintiff will not substantially affect the rights of defendant no. 3 and it will not bind defendant no. 3 in any manner under section 18 of the evidence act.9. in view of the peculiar facts and circumstances of the case, the court erred in rejecting the application filed by the petitioner for amendment of the written statement. the ..... court in the case of balraj taneja v. sunil madan, (1999) 8 scc 396 : (air 1999 sc 3381) observed as under :-'as pointed out earlier, the court has not to act blindly upon the admission of a fact made by the defendant in his written statement nor should the court proceed to pass judgment blindly merely because a written statement has .....

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Oct 29 2004 (HC)

Jagdish Prasad Tripathi Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Oct-29-2004

Reported in : 2004(4)MPHT355; 2004(4)MPLJ564

..... which violate the rules and which put the authorities to predicament and dilemma. we may refer to some of those decisions.8.1. in ahmedabad municipal corporation v. virendra kumar jayantibhai patel [(1997) 6 scc 650], the supreme court expressed that sympathy is out of place where selection is governed by ..... fail to establish a legal right.'the supreme court cited with approval the following observations in latham v. richard johnson & nephew ltd., reported in 1911-13 a11e.r. rep. 117:-'we must be very careful not to allow our sympathy with the infant plaintiff to affect our judgment. sentiment is ..... adopted, or where the matter is one of discretion, such discretion may be exercised in favour of the employee. in fact, the question of acting sympathetically would arise only where the matter is not governed by any specific rule or regulation and where the authority concerned is vested with discretion, ..... the power or discretion, the greater should be caution and restraint in exercising such power of discretion. the courts can not direct an authority to act sympathetically, where the matter is governed by statutory rules and regulations, merely because the court feels that persons who has approached the court should be ..... the ratio decidendi, may be described roughly on the rule of law applied by and acted on by the court, or the rule which the court regarded as governing the case.'in bachan singh v. state of punjab [(1979) 3 scc 727], the supreme court observed that what is binding as a .....

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