Court : Madhya Pradesh Jabalpur
..... issued to the petitioners under section 13(2) of the sarfaesi act, which was ultimately dismissed by order dated 7-3-2008 observing therein that the appropriate remedy available to the petitioners was to approach the debt ..... the petitioners have filed this petition raising several legal and factual issues challenging the order passed by respondent no.3 under section 14(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, whereby possession of the petitioners' property has been directed to be taken over, after arguing at length and after hearing the submissions of the learned counsel appearing for respondent nos.1 & ..... supra), in mind, wherein it has been held that the high courts should not exercise its jurisdiction under article 226 of the constitution to entertain proceedings initiated under the sarfaesi act as the appropriate remedy available to the petitioner is to approach the debt recovery tribunal. ..... is clear that in proceedings for recovery and possession taken under the provisions of the sarfaesi act, the appropriate remedy available to the petitioners is to approach the debt recovery tribunal. ..... 15859/2007, 7243/2008 and 6374/2009 it is clear that the petitioners had themselves withdrawn their relief and restricted the same by seeking time of six months for vacating the premises and even after giving an undertaking to that effect in the recovery proceedings before this court, they have not acted in accordance with the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... deal with the challenge to the validity of the notifications (annexures-p/1 and p/2) dated 14.3.2008 and 5.9.2007, it would be appropriate to examine the case law on the scope of judicial review with regard to the ..... sub-section (3) and review and evaluation under sub-sectin (4) as these provisions apply in relation to the preparation, publication and approval of a development plan.thus, section 23 of the act provides that the director may on his own motion or if so required by the state government shall undertake a review and evaluation of the development plan. ..... relevant extract of statement of objects and reasons appended to bill reads as under:-"as there is no separate provision in the act to make modifications in the development plan for the implementation of the projects of a town and country development authority as well as the development projects of the central ..... act inter-alia provides that after submission of the development plan under section 18, the state government may either approve the development plan or may approve it with such modification as it may consider necessary or may return it to the director to modify the same or to prepare a fresh plan in accordance with such directions as the state government may deem appropriate ..... the argument proceeds that no material with respect to exercise of change of land use under section 23-a of the act has been produced by the respondents nor any study has been conducted to find out as to whether the site in question is suitable .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... xxx(c) any assets represent either wholly or partly income or property which has not been, or would not have been disclosed for the purposes of the indian income-tax act, 1922(11 of 1922), or this act by any person from whose possession or control such assets have been taken into custody by any officer or authority under any other law for the time being in force, then, the director general of director or ..... it is further stated that before issuance of the warrant dated 5.12.2008, appropriate steps were taken by the income tax department and after being satisfied with regard to credibility of the information possessed by the department, the director of income tax has issued the warrant of authorization under section 132-a of the income tax act. ..... at this stage we deem it appropriate to deal with the scope and ambit of powers under section 132-a of the income tax act with regard to search and seizure. ..... in lakhmani mewal das (supra), the supreme court while dealing with section 147 (a) of the income tax act held that grounds or reasons which lead to the formation of the belief contemplated by section 147(a) of the act must have a material bearing on the question of escapement of income of the assessee from assessment because of his failure or omission to disclose fully and truly all material facts. ..... on the basis of the information given by the police authorities a warrant of authorization dated 5.12.2008 under section 132-a of the income tax act, 1961 was issued. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... to appreciate the rival contention of the parties, it would be appropriate if the factual position of the case is stated. ..... the petitioner herein is a landlord who filed a suit for eviction under the provisions of m.p.accommodation control act, 1961 against the respondent. ..... thereafter the defendant amended the written statement on 1.7.2008. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the upshot of the above discussion is outlined thus:(1)(a) before 28-1-1986, the determination of the question whether the central government or the stategovernment, is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression "appropriate government" as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any ..... ; otherwise in relation to any other establishment the government of the state in which the establishment was situated, would be the appropriate government;(b) after the said date in view of the new definition of that expression, the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the concerned central government company/undertaking or any undertaking is included therein eo nomine, or (ii) any industry is ..... carried on (a) by or under the authority of the central government,or (b) by railway company; or (c) by specified controlled industry, then the central government will be the appropriate government otherwise in relation to any other establishment, the government of the state in which that .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... (d) who has been member of employees' provident fund or of provident funds of the factories and other establishments exempted by the appropriate government under section 17 of the act or in whose case exemption has been granted under paragraph 27 or 27 a of employees' provident fund scheme 1952 on 15th november 1995 but not being a member of ceased employees family pension scheme 1971 opts to exercise his option ..... (a) who on or after the 16th november 1995 becomes a member of employees' provident fund scheme 1952 or of the provident funds of the factories and other establishments exempted by the appropriate government under section 17 of the act or in whose case has been granted under paragraph 27 or 27 a of employees' provident fund scheme 1952 from date of such membership. ..... 1st day of march, 1971; (b) who has been a member of the employees' provident fund or of provident funds of factories and other establishments exempted under section 17 of the act immediately before the commencement of this scheme and opts to exercise his option under paragraph 4;(provided that an employee who attains the age of more than 59 years on the date on which he would, but for this ..... of an exempted establishment under sub-section (6) of section 17, and(c) such sums, being not less than the amount payable in pursuance of clause (a) out of the employer's contribution under section 6, as the central government may, after due appropriation made by parliament by law in this behalf, specify. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... it is stated that these awards were not complied with and, therefore, the president of the sangh again approached the labour court under section 10(1)(c) of the industrial disputes act, 1947 and by award dated 23.11.2004 which was subsequently modified by order dated 6.4.2005 the municipal corporation, jabalpur was directed to regularize the members of the petitioner's union. ..... as all the members of the petitioner's union were not recognized, the sangh filed a petition and thereafter an application under section 29 read with section 34 of the act on 20.8.2007 before the labour commissioner, indore seeking prosecution of as many as 8 previous commissioners of municipal corporation, jabalpur which application has been allowed by impugned order dated 7.11.2007 directing initiation of prosecution of the petitioner who was ..... it is further stated that the corporation has taken a policy decision, in view of the subsequent circulars issued by the state government in the year 2008, to constitute a screening committee and to consider the cases of all daily waged employees working in the municipal corporation, jabalpur on the basis of the parameters and guidelines laid down therein and in case they are found to be eligible for regularization, to pass appropriate orders in their case. ..... the high court was made out with an observation that the petitioner may move the appropriate authority for initiating proceedings under section 29 read with section 34 of the act.10. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... dated 10.12.2009 permitted the complainant to move appropriate application under sections 63 and 65 of the evidence act since state did not make such application. ..... the admissibility and probative value of the evidence of the tape recording can be decided at appropriate stage by the trial court instead of debarring the production of secondary evidence in the ..... and the probative value of its evidence can be judged by the trial court subsequently at appropriate stage. ..... public prosecutor was also rejected on the ground that the application was not in accordance with the provisions of section 65 of the evidence act and was not supported with any affidavit. ..... [(1976) 2 scc 17], the apex court held: " tape-records of speeches are "documents" under section 3 of the evidence act and stand on no different footing than photographs. ..... application filed by the complainant/respondent no.2 under sections 63 and 65 of the indian evidence act, seeking permission to adduce secondary evidence.2. ..... granted liberty to file a fresh application in accordance with the provisions of the said act and by filing an affidavit in support of it. ..... is not confined to purposes of corroboration and contradiction only, but, when duly proved by satisfactory evidence of what was found recorded and of absence of tampering, it could, subject to the provisions of the evidence act, be used as substantive evidence. ..... on 13.10.2008, when the cassette was played in the court, in a tape recorder, in presence of both the parties, .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... brought into the notice of the cbdt by filing due application or an affidavit, though these facts were pressed at the time of hearing before the cbdt, we find it appropriate to allow an opportunity to the petitioner to file a supplementary application supported by an affidavit before the cbdt raising additional grounds for seeking condonation of delay in filing return and ..... any time on or after the appointed day, a state electricity board or a state road transport corporation or a state warehousing corporation for the state under the provisions of the act relating to such board or corporation for the state under the provisions of the act relating to such board or corporation;and if such a board or corporation is so constituted in either of the states before the dissolution of the board or the corporation referred ..... be issued by the central government(2) any directions issued by the central government under sub-section (1) in respect of the board or the corporation shall include a direction that the act under which the board or the corporation was constituted shall, in its application to that board or corporation, have effect subject to such exceptions and modifications as the central government thinks fit. ..... central board of direct taxes, ministry of finance, department of revenue dated 18.12.2008 deciding the matter of petitioner under section 119 (2)(b) of the income tax act,1961 for the assessment year 2000-01,2001-02 and 2002-03. ..... it would be appropriate if some facts .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the aforesaid supreme court decision, the submission of the appellants counsel itself is sufficient to draw an inference that the appellants committed the default in depositing the rent as per requirement of section 13(1) of the act and in such premises the alleged delay could not be condoned on the basis of the averments stated by the appellants in their application filed before the subordinate appellate court for condoning the alleged delay ..... sub section 11 of section 12 of the act but i am of the considered view that whenever the eviction decree is passed on more than one grounds enumerated under section 12 of the act then on proving some other grounds of eviction as proved in the case at hand under section 12(1)(a) of the act, the subordinate court was not bound to take note of section 11 of section 12 of the act for passing the appropriate direction in that regard while decreeing the ..... :- firstly, had the court's below committed any substantial error on appreciation of the available record in passing the impugned decree on the ground enumerated under section 12(1) (a) of the act, secondly, while affirming such decree, the appellate court has committed any error in dismissing the appellant's application filed for condoning the delay in depositing the outstanding arrears of the rent ..... ground, the courts below are bound to take the note of section 12(11) of the act and also bound to give appropriate direction in that regard and prayed for admission of this appeal on this ground also. .....
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