Court : Madhya Pradesh
Reported in : [1995(71)FLR16]; (1996)IIILLJ1092MP
..... due to only an incidental power for working out of effectively the directions under section 20(1) fixing various rates under the act, that is, if there is no dispute as to rates between the employer and the employee and the only question is whether a particular payment on the agreed rate is due or not, then section 20(1) of the act would not be attracted at all, the appropriate remedy would only be either under section 15(1) of the payment of wages ..... of work, the government cannot deny the minimum pay-scale of the regularly employed chowkidar or at least minimum wages fixed from time to time by the issuance of notification under the m.w.act, and that is what has been ruled by the supreme court in case of daily rated casual employees under p&t; department through bhartiya dak tar mazdoor manch v. ..... 'c' grade fitter, since he does not possess an existing right to claim it and, therefore, the supreme court observed that such a question could only be adjudicated on a reference made under section 10(1) of the act for holding that he should be deemed to be a member of cadre of grade-b fitters then only he would be able to claim the salary and allowance payable to a b-grade fitter. ..... the claim is also based on the notifications fixing the minimum rates of pay issued by the government of madhya pradesh under m.w.act, therefore, the state cannot deny the payment of the minimum pay in the pay-scale of regularly employed workmen even though the government may not be compelled to extend all the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]53STC349(MP)
..... the reasons given by the tribunal for rejecting the application are that provisions exist in section 19(1) as well as section 39(2) of the act enabling the revenue to initiate appropriate action for reopening the assessment in such a situation; and in case the tribunal entertained the revenue's request the assessee would be deprived of the remedy of appeal ..... the learned counsel for the assessee on the other hand contended that the commissioner, sales tax, instead of exercising the power under section 19(1) or 39(2) of the act could not resort to this method and thereby enlarge the scope of the appeal before the appellate authority when admittedly the department has no right of appeal or the right to ..... is clearly distinguishable inasmuch as the power to enhance the assessment in appeal given by the provision in the kerala act could be related to the revenue's appeal or cross-objection alone without rendering the same redundent by not extending it ..... was incumbent upon the tribunal to consider the question of enhancement of tax under section 38(5) of the act on the application made by the revenue and it was not justified in refusing to consider that question ..... consequently, having regard to the wide language contained in section 36(3), which corresponds to section 31(3) of the act, it is clear that when an assessee prefers an appeal either to the appellate assistant commissioner or to the tribunal, the entire assessment is set at large, and the appellate assistant commissioner or the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ692
..... , to discharge the public duties, wanted to transfer the petitioners, at least their consent ought to have been taken, even if consent was not necessary, as to take up the work at appropriate place is a managerial function, in that case too, at least the petitioners ought to have been offered the promotion and the selection grade which was offered to their juniors. ..... if the answer to this question is in the negative, whether the high court can issue an appropriate writ, direction or order against the co-operative society or its officers who act in violation of the act or the rules or the bye-laws and/or fail to discharge statutory public duty, is also the question, which we have been called upon to ..... after the close of the arguments when the petitioners placed the documents with the copies of the orders of the registrar to demonstrate that the rules are framed under section 55(1) of the act, the respondents came out with an alternative case of the rules stating that the rules have not been framed after following the procedure prescribed, without pointing out the violation of any provision ..... sub- section (3), in our opinion, will cover the rules made by the registrar under section 55, a provision for laying the rules made under an act is a method of control exercised by the legislature over the rule making authority and if such a control is kept it has been held that the power to make rules cannot suffer from ..... would be appropriate to refer to section 55(1) of the act, which reads .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2003)BC290; 2003(2)MPHT32; 2002(4)MPLJ455
..... admittedly, when the tender documents were issued to the petitioner, a condition was imposed on him and it was stipulated in annexure p-3, dated 9-3-2001, that he would get himself registered in the appropriate class at least 30 days before submission of the tender by him or he should be registered before his tender is accepted whichever is earlier. ..... document and clause 1 of the said letter clearly stipulates that permission is granted to the petitioner to purchase the tender document and it was incumbent upon the petitioner to get itself registered with the department in the appropriate class within 30 days of submission of tender or before acceptance of the tender whichever is early. ..... before execution of the agreement, is not correct, the stipulation and conditions on the basis of which the tender documents were issued, to the petitioner, and which were binding on him clearly shows that registration in the appropriate class was a condition precedent for acceptance/submission of tender. ..... even in the letter of acceptance annexure r-2, dated 1-5-2001, it has been clearly stipulated that before executing the agreement, it would have to be established that the petitioner had got himself registered in the appropriate category.9. ..... terms and conditions stipulated in the tender document and the letters issued to the petitioner vide annexure p-3, and if the said conditions were not fulfilled by the petitioner, it cannot be said that the respondents have acted unreasonablyor with prejudice. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP162
..... bhagvat, learned counsel for the petitioner, referred to the provisions of section 21 of the act to show that under clause (b) of section 21, the national commission has the power to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by the state commission where it appears to the national commission that such state commission ..... he submitted that if this is the meaning of 'consumer dispute' as defined in section 2(1)(e) of the act then under section 21(b), the national commission has no power to call for the records and pass appropriate orders in any appeal pending or decided by the state commission and, therefore, a revision against an order passed by the state commission in a case ..... any statute will, therefore, have to be interpreted by courts by looking to the context in which it is used and looking to the context of section 21(b) of the act, we have no doubt that the word 'any consumer dispute' would mean not only consumer dispute arising out of an original complaint filed before the district forum, but also ..... commission; and(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any state commission where it appears to the national commission that such state commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with ..... 2006 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP189
..... at an adequate and imp'roving level of efficiency;(d) the factors which would encourage efficiency, economical use of the resources, good performance, optimum investments, and other matters which the state commission considers appropriate for the purposes of this act;(e) the interest of the consumers are safeguarded and at the same time, the consumers pay for the use of electricity in a reasonable manner based on the average cost of supply of energy(f) ..... also decided that the work of augmentation/ additional power transformer shall be carried out by the board at appropriate location for loads upto 2150 kv, wherever necessary, and /or whenever the system so warrants. ..... (o) to co-ordinate with environmental regulatory agencies and to evolve policies and procedures for appropriate environmental regulations of the electricity sector and utilities in the state; and(p) to aid and advise the state government on any other matter referred to the state commission by such government; (3) the state ..... understanding the tariff it will be appropriate to go through the provisions of the act of 1998 and rules made thereunder ..... on reading of sections 22 and 29 of the act of 1998 and the provisions of sections 46, 57 and 57a of the supply act and sixth schedule thereto, and secliuii 59 of the supply act, it is apparent that the word 'tariff used in the act would mean tariff for the supply of the electricity whether wholesale, bulk, grid or retail or tariff for regulating power purchase and procurement .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP225; 2004(3)MPLJ438
..... which no appeal lies thereto, and if such subordinate court appears --(a) to have exercised a jurisdiction not vested in it by law, or(b) to have failed to exercise a jurisdiction so vested, or(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,the high court may make such order in the case as it thinks fit :provided that the high court shall not, under this section , vary ..... high court exercises the same power and follow the same procedure as prescribed under section 115 of code of civil procedure, in view of the amendment made in section 115 of cpc by amendment act of 1999 by which a proviso has been inserted in section 115, cpc that high court shall not, under this section , vary or reverse an order made, or any order deciding an ..... an unlimited right of appeal, but wanted to restrict it and turning to section 100, if found that the grounds there set out were appropriate for restricting the right of appeal and hence it incorporated them in section 55. ..... the division bench of this court has observed thus :--'when rent controlling authority exercises its jurisdiction in relation to an application under section 23-a of the act by passing any order with respect to trial or disposal of that application and not only when the final order is rendered in the proceeding, that decision would ..... have been appropriate for the high ..... it would be appropriate to examine briefly the scope of the revisional power of the high court contained in sub-section (2) of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT69
..... placing his strong reliance upon certain judgment which we may refer to and discuss at appropriate stage it was vehemently contended that the learned single judge was nqt justified in not appreciating the distinction between a domestic use and consumption by an ordinary colony and a colony and mine managed by the industry.5 ..... was all through taken to be a different entity and identity and consumption by it was charged separately, and, therefore, unless such an entry continued by the amending act, this court must hold that the colony or the township attached with the industry would become a part of the industry and the industry would be justified in paying the duty at 10 paise per unit of the ..... on the other hand learned counsel for the stateand the electricity board submitted that a fair understanding and reading o fthe different amending acts it would clearly appear that the state government always treated the colony or a township differently, as a different entity and different from the industry itself ..... act was amended under 1972 act, 1975 act, 1978 act, 1984 act and 1985 act and was also amended by subsequent acts. ..... mahal hotel, secunderabad : air 1972 sc 168, it was submitted that if the books are included in the definition of the word 'plant' in section 10(5) of the income tax act then the colony/township would become an integral part of the industry. ..... jaypee rewa cement a division of jai prakash industries limited, being aggrieved by the order dated 23-3-2006 passed in w.p. no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ94
..... agrawal was that since it was only by reason of section 29 that the suit had been transferred to the controller the deletion of that section from the act by section 8 of the amendment act of 1953 had the effect of depriving the controller of his jurisdiction to try the suit and therefore, the judgment and order passed by him though confirmed by the learned subordinate judge and the high ..... addition of this section clearly shows that by the conferral of the jurisdiction upon the assistant collector it was not intended to upset litigation pending before appropriate authorities when the abolition act came into force. ..... it follows, therefore, that to such a suit the provisions of schedule ii read with section 200 of the abolition act cannot be applied because the legislature has in 1956 said expressly what was implicit before, namely, that pending actions would be governed by the old law as if the new law had not been ..... our judgment, therefore, the proceedings before the munsif were with jurisdiction because they were not affected by the passing of the abolition act or the amending act, 1953, regard being had to the provisions of section 6 of the u. p. ..... narain, air 1986 sc 1499, though there was express repeal of the section, by the aid of section 6 of general clauses act, it was held that the pending proceedings were not affected. ..... by the code of civil procedure (madhya pradesh amendment) act, 29/1984 (for short the 1984 amending act), which came into force on 18-8-1984, section 115 was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004CriLJ62; 2003(4)MPHT78
..... in the case of offenders who are above the age of 21 years absolute discretion is given to the court to release them after admonition or on probation of good conduct, subject to the conditions laid down in the appropriate provisions of the act, in the case of offenders below the age of 21 years an injunction is issued to the court not to sentence them to imprisonment unless it is satisfied that, having regard to the circumstances of these case, including the ..... not-withstanding anything contained in sub-section (2) of section 1, all cases pending before the courts or under investigation at the commencement of this act shall be disposed of in accordance with the provisions of the principal act as amendment by this act and accordingly, any person found guilty of any offence punishable under the principal act, as it stood immediately before such commencement, shall be liable for a punishment which is lesser than the punishment for which he is otherwise liable ..... backdrop if section 41 is studied it is manifest that all the cases pending before the courts at the commencement of this act shall be disposed of in accordance with the provisions of the principal act as amendment by this act, and any person found guilty of any offence punishable under the principal act would be liable for punishment which is lesser than the punishment for which he is otherwise liable at the date of ..... at the bar it is appropriate to refer to the statement of objects and reasons of the amendment act no. .....
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