Judgment Search Results Home > Cases Phrase: appropriation no 2 act 2006 Court: madhya pradesh Page 10 of about 694 results (0.075 seconds)

Jailal Vs. the State of M.P.

Court : Madhya Pradesh

..... shri chhari has stated that he had appropriate knowledge that he could identify the ganja plants but, his knowledge cannot be -:- 10 -:- criminal appeal no.1834 of 1996 used in the present case because in the case of the ndps act, where a severe sentence is prescribed, an appropriate method of identification is to be adopted and therefore, the knowledge of shri chhari has no meaning in the present ..... (delivered on the 8th day of october, 2012) the appellant has preferred this appeal against the judgment dated 16.9.1996 passed by the learned special judge under narcotic drugs and psychotropic substances act, 1985 (hereinafter it will be referred to as 'ndps act'), satna in special case no.31/1994, whereby the appellant was convicted for the offence punishable under section 20 of ndps act and sentenced for 2 years' rigorous imprisonment with fine of rs.1,000/-. ..... circumstances, it was for the investigation officer to show that whether the seized property was properly sealed or handled or kept in the appropriate custody. ..... other hand, the learned panel lawyer has submitted that the conviction as well as sentence directed by the trial court appears to be appropriate.8. ..... the evidence adduced by the parties, the learned special judge, convicted the appellant for the offence punishable under section 20 of ndps act and sentenced him as mentioned above.5. ..... as well as the sentence directed against the appellant for the offence punishable under section 20 of the ndps act is hereby set aside. .....

Kedia Distilleries Ltd. Vs. Chhattisgarh Chemical Mill Mazdoor Sangh a ...

Court : Madhya Pradesh

Reported in : (2000)IILLJ1427MP; 2000(3)MPHT343

..... of the supreme court was further of the opinion that high powered tribunals constituted by parliament under article 323a of the constitution and by the appropriate legislation under article 323b of the constitution, possess the competence to test the constitutional validity of a statutory provision. ..... and 323b were added with effect from january 3, 1977, the industrial court, which delivered the award, under challenge in this case, is a tribunal constituted under madhya pradesh industrial relations act, 1960 it is obvious that it is a pre-existing tribunal and was not constituted under article 323b of the constitution by the state legislature. 4. ..... articles 226 and 227 of the constitution of india is against the award made by the industrial court (bench at raipur), on a reference made by the state government under section 51(1) of madhy'a pradesh industrial relations act, 1960, which was placed before a single bench of this court as per the roster prepared by honourable the chief justice. ..... the necessary corollary from this decision was that section 28 of the administrative tribunals act was ultra vires and it was so declared by the supreme court so far as it restricts the power of review of the high courts as well as of the supreme court as ..... it was held that the tribunals shall continue to act as the courts of first instance in respect of the area for which they ..... the tribunals will, nevertheless, continue to act like courts of first instance in respect of the areas of law for which .....

Rajendra Kumar Singh Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2000(3)MPHT172

..... it would be open to the petitioner to call in question the propriety of the charge-sheet at the appropriate stage before the competent forum as per the established parameters of law. ..... by holding that the state government has the authority to modify the scheme under the aforesaid 'adhiniyam' and release of land would come within the said power and, therefore, the act of the petitioner cannot make him liable for prosecution and hence the fir as well as consequential investigation thereof incur the liability of quashment.6. ..... to this writ petition against the present petitioner, the erstwhile minister of housing and environment, department of state of madhya pradesh for offences punishable under sections 13(1)(d) and 13(2) read with section 15 of the prevention of corruption act, 1988 (hereinafter referred to as 'the act'), quashment of which is sought for in this writ petition preferred under article 226 of the constitution.it has been submitted in course of hearing by mr. s.c. ..... constitute an offence under section 13(1)(d), 13(2) and 15 of prevention of corruption act and section 120b of the indian penal code can be agitated by the petitioner at the appropriate stage. ..... be in the realm of the defence at the appropriate stage.on scrutinising the fir and materials so far collected in a studied manner, it is difficult to accept the contention of the learned counsel for the petitioner that the fir and the materials collected do not disclose an offence in the terms of section 15 of the act. .....

Smt.Mamta Sharma Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... the nomination is not to be treated as a will for a good reason that a will is executed in altogether different manner and not just mentioning a name of person in the appropriate column, prescribed in any form for submitting service details before the concerning authority. ..... it is further contended that proceedings in this respect have been initiated by respondent no.4 before the appropriate forum and in case any direction is issued by this court, the claim raised by respondent no.4 for grant of succession certificate would be frustrated. ..... though the aforesaid decision is rendered in the case in respect of the claim made under the life insurance act, 1938, but the statutory nomination has been considered by the apex court. ..... a suit for divorce was filed under the hindu marriage act by said shri ganesh prasad sharma in the court of district judge, shahdol against the respondent no.4, which suit was decreed on 18th november, 1987. ..... it is also not in dispute that there was a civil suit filed against the respondent no.4 by said shri ganesh prasad sharma for grant of decree of divorce under the hindu marriage act, and that the said suit was decreed. .....

M/S Tulip Telecom Ltd (Formerly Tuli It Service Ltd) Vs. Secretary the ...

Court : Madhya Pradesh

..... m/s tulip teleco.limited and another versus state of mp and others.available, the right of the high court in a writ petition under article 226 is not taken away and in an appropriate case inspite of availability of alternate remedy, high court can interfere if the three contingencies indicated by the supreme court are available. ..... learned counsel invites our attention to the application filed by the petitioners under section 9 of the act before the 9th additional district judge (arbitration court).bhopal to say that the petitioner has invoked the arbitration clause and in paragraph 9 of the said application has admitted that the petitioners are invoking ..... being aware of the remedy of arbitration available, petitioner has already invoked the arbitration clause and has taken recours.to the remedy of approaching the arbitration court in a proceeding under section 9, of the arbitration and conciliation act, 1996 and the matter is still pending before the court of competent jurisdiction. ..... shri singh points out that this arbitration application under section 9 of the act is pending before the court at bhopal and, therefore, as petitioner has once taken recours.to the remedy available under section 9, it is stated that this writ petition is not maintainable ..... 2- petitioners claim to be a company duly incorporated and registered under the companies act and engaged in providing teleco.services, data centres, system integration and it is said that they have branches and offices throughout the .....

Pure Industrial Cock and Chemicals Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2007(2)MPHT380

..... .(c)...the owner may serve on the state government within such time, in such manner and together with such documents as may be prescribed, a notice requiring the appropriate authority to purchase the interest in land in accordance with the provisions of this act.the aforesaid sub-section 1(a) of section 34 of the adhiniyam provides that where any land is designated by development plan as subject to compulsory acquisition for the purpose of town expansion or town improvement, the owner ..... 433 of 2006 to the order passed by the commissioner as a delegate of the state government under section 5a and section 17(4) of the land acquisition act, 1894 dispensing with summary enquiry before acquisition of the land because it was not logically necessary to decide this point for deciding whether the enquiry under section 5a of the land acquisition act, 1894 could be dispensed and section 17 of the said act could be ..... this is an appeal against the order dated 17-5-2006 of the learned single judge under article 226 of the constitution in writ petition ..... will be clear from paragraphs 2 and 3 of the judgment and order dated 23-11 -2006 of the division bench in writ appeal no. ..... 433 of 2006, the order that was challenged was the order passed by the commissioner as a delegate of the state government dispensing with enquiry under section 5a of the land acquisition act, 1894 for the purposes of acquiring land for implementation of scheme ..... . the impugned order dated 17-5-2006 of the learned single judge in .....

Uttam Gororey Vs. Madhya Pradesh Rjaya Krishi Vipnan Board

Court : Madhya Pradesh

..... it is contended that in between since the private respondents were considered for grant of further promotion, such benefits were required to be granted to the petitioners.but instead of giving the benefit of promotion in appropriate manner, by the order dated 27.8.2004, the petitioners were promoted as assistant grade- ii, whereas the private respondents were promoted much before, therefore, the petitioners are required to approach this 6 court by way of filing this ..... it is contended that ultimately when the facts were brought to the notice of the respondents, on 7.2.2006, the petitioners were given promotion on the post of assistant grade-i with prospective effect, whereas, they should have been given the promotion with retrospective effect; the date from which the benefit was ..... though the petitioners have cleared the departmental examination and regular appointment orders were required to be issued in their favour, it appears that the board instead of acting on the said select list, decided to hold a second departmental examination. .....

Mohanlal Vs. Kaji VakiluddIn and ors.

Court : Madhya Pradesh

Reported in : 2009(1)MPHT221

..... percentstatement pleading a value of the subject to aset-off or counterclaim, subject matter in minimum of oneor memorandum of dispute does not hundred rupees.appeal (not otherwise exceed five lacsprovided for in this rupees.act) presentedto any civil orrevenue court except when such sixty thousandthose mentioned in amount or value rupees plus sevensection 3 to any exceeds five lacs percent on thecivil or revenue rupees but does amount or value ..... since the aforesaid controversy is arising everyday before the subordinate courts, therefore, it would be appropriate to direct the registrar of the high court bench at indore, to forward a copy of this order to the various district judges in territorial jurisdiction of this bench, for further circulation of the order to ..... considered view, the stand taken on behalf of the state government is just and appropriate and reflects the true intention of the legislature and therefore, needs to be accepted ..... forwarded by the registrar to the registrar general at the principal bench, for further necessary circulation, after getting appropriate orders from hon'ble the chief justice.14. ..... plaintiff, the court and the state government, and notices in the suits had yet to be issued to the defendants, and also keeping in view the importance of the matter, it was thought appropriate to require the additional advocate general of the state to address the court and present the view point of the state on the interpretation of the amended provisions of the act.6. .....

ispat Khadan Janta Mazdoor Union. Vs. the Director, Steel Authority of ...

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 specified controlled industry; or the establishment of any railway, cantonment board ..... ; 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 ..... union of india and others (2006) 12 scc 233 (ii) the apex court has laid down that the determination of questions as to whether the contract labour should be abolished or not is within the exclusive domain of the appropriate government under section 10 of clra act. .....

Suresh Chandra Ratre Vs. the Director

Court : Madhya Pradesh

..... industrial dispute with respect to the petitioner was considered by the central government and by the notification dated 30.8.1996, the dispute with respect to the termination of services of the petitioner was referred to the cgit by the appropriate government in the following manner :- whether the action of the management of malaria research centre (indian counsel of medical research) field station, medical college building, jabalpur in terminating the services of shri suresh 5 chandra ratre is justified ..... the respondents were directed to consider making reference of the case to the appropriate government for referring the same for adjudication to the cgit. ..... according to the petitioner, since the reference is not answered in appropriate manner, the order impugned is bad in law and is liable to be quashed. ..... however, when the reference was made by the appropriate government, the submission was made by the respondents. ..... it is categorically contended that the scheme was appropriately made by the central government for the purposes of conducting research in the matter of vector control of malaria, filaria and other vector borne diseases. ..... it was not a case that an industry was established, therefore, there was no application of industrial dispute act and, as such, there was no question of making any reference. ..... the termination of the petitioner was not hit by the provisions of section 2 (oo) (bb) of the industrial disputes act and does not amount to retrenchment. .....