Judgment Search Results Home > Cases Phrase: appropriation no 2 act 2006 Court: madhya pradesh Page 7 of about 694 results (0.057 seconds)

Rajendra Singh Thakur Vs. the Branch Manager

Court : Madhya Pradesh

..... in the cours.of arguments on admission in view of section 18 of the aforesaid act providing the remedy of appeal against the impugned order, on making certain query, on which the counsel seeks permission to withdraw this petition as not pressed with liberty to file an appropriate application in the office of respondent extending the period for depositing the requisite sum upto 31st october 2013 with further direction to such authority to consider the same by adopting some liberal approach. ..... the petitioner has filed this writ petition under article 226 of the constitution of india for issuing appropriate writ in the nature of certiorari to quash the impugned order dated 16.7.2012, (ann. ..... simultaneously petitioner is also extended a liberty to challenge the impugned order annexure p-3 before the appropriate forum by way of appeal or any other proceeding permissible under the law. ..... besides this the prayer for appropriate direction to the respondents not to take possession of impugned mortgaged property till october 2013 is also made. ..... p-3).the same is a notice under rule 8 (1) of securitization and reconstruction of financial assets and enforcement of security interest act 2002 issued by the respondent state bank intimating the petitioner to vacate the mortgaged property within seven days. ..... in continuation he also prayed to extend liberty to the petitioner to file an appeal against the impugned order, annexure p-3 before the appropriate forum. .....

Meera Bai Vs. Ramesh Guru and Another

Court : Madhya Pradesh

..... learned counsel for the respondents has submitted that declaratory suit filed by the appellant was not maintainable due to two reasons, firstly that necessary parties were not included in the suit and secondly no appropriate consequential relief was sought by the appellant and therefore, she was not entitled to get the declaratory decree. ..... similarly, the second objection raised by the learned counsel for the respondents is also acceptable that no appropriate consequential relief was sought in a declaratory suit and therefore, no declaratory decree can be given in favour of the appellant. ..... , she could not file a further claim for payment of the amount and therefore, relief of injunction sought against the respondents was not an appropriate consequential relief after declaration. ..... hence, if the appellant would have proved that she was wife of the deceased santosh guru still she could not get any declaratory decree in her favour without any appropriate consequential relief. 17. ..... if a woman resides with a particular person for a lengthier period then it may not be required to prove that her marriage took place in an appropriate manner. ..... the provision of section 34 of the specific relief act may be read as under : "34. ..... demand the payment of the amount as a consequential relief but, she did not seek any further relief, no court shall make any declaration in favour of the plaintif according to the proviso of section 34 of the specific relief act. .....

Arvind Rao Vs. Union of India Judgement Given By: Hon'ble Shri Jus ...

Court : Madhya Pradesh

..... this adjudicatory role, however, cannot be assumed by the appropriate government under the act of 1947, it is divested of such powers.it has been observed in sapan kumar pandit's case (supra) ..... sub-section (1) of section 10 of the industrial dispute act, 1947 stipulates that "where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing, refer the dispute to a court :: 2 :: writ petition no.3420/2014 ..... more so in view of the language used, namely, if any industrial dispute exists or is apprehended, the appropriate government at any time refer the dispute to a boar or court for enquiry. ..... the impugned communication and the decision of the appropriate government when tested on these established principles, does not stand ..... satisfaction of the appropriate authority in the matter of making reference under section 10(1) of the act is a subjective ..... question is whether it is within the domain of the appropriate government to decline to refer the matter for adjudication, in case where the conciliation ..... decide the merit of the dispute and it is for the appropriate court or forum to decide the same. ..... in kuldeep singh (supra).it has been held - "in view of the above, law can be summarized that there is no prescribed time limit for the appropriate government to exercise its powers under section 10 of the act. ..... are shown, the government is bound to refer the dispute to the appropriate court or forum for adjudication. .....

Central India Insurance Co. Ltd. Vs. Commissioner of Income-tax, M. P.

Court : Madhya Pradesh

Reported in : [1966]62ITR162(MP)

..... the assessees claim by observing, inter alia, that the amount had not been debited to the profit and loss appropriation account, and that under rule 6 of the rules for the computation of the profits and gains of insurance business (hereinafter called the rules), contained in the schedule to the indian income-tax act, 1922, as the profits had to be computed on the basis of the balance of the profits disclosed by the annual accounts the ..... the said balance, there could be no question under rule 6 of the rules of any adjustment of the balance of the profits.the answer to the question submitted in this reference depends on the meaning and effect of section 10(7) of the act which is as follows :-'notwithstanding anything to the contrary contained in section 8, 9, 10, 12 or 18, the profits and gains of any business of insurance and the tax payable thereon shall be computed in accordance with the rules contained in the schedule to this ..... that question is :'whether, on the facts and circumstances of the case, the provision for doubtful debts made by the assessee through a profit and loss appropriation account in each of the accounting years 1955, 1956 and 1957 are allowable deductions in computing the profits and gains of the general insurance business of the assessee under of income-tax act, 1922 ? .....

Sahdeo Sahu Vs. State M.P. and anr.

Court : Madhya Pradesh

Reported in : [1990(60)FLR189]; (1990)IILLJ402MP; 1989MPLJ604

..... it will, thus, appear that because of the special feature of section 10 (1) of the industrial disputes act conferring power to the appropriate government to refer the dispute to the tribunal conceding the power by virtue of section 21 of the general clauses act to that appropriate government, to cancel the reference would mean permitting that government to terminate the proceedings before the tribunal at any stage and not to refer the industrial dispute to any industrial tribunal at all and such a wide ..... deputy advocate general appearing for the state, is permissible in terms of section 3(1a) of the act which runs as follows:'(1-a) notwithstanding anything contained in sub-section (1), the appropriate government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole state less than one thousand employees engaged in such employment, but if at any time, the appropriate government comes to a finding after such inquiry as it may make or cause to be made ..... (1988-ii-llj-238 at 246-247):'apart from these provisions of the act, on general principles it seems rather difficult to accept the argument that the appropriate government should have an implied power to cancel its own order made under section 10(1). ..... in both these decisions, the question was whether a reference made under section 10 of the industrial disputes act to the appropriate government can be permitted to be rescinded before making of the award. .....

Hifzur Rahman @ Chhote Minya Vs. the Commissioner Paryawas Bhawan

Court : Madhya Pradesh

..... in the circumstances, the petition filed by the petitioner is disposed of with liberty to the petitioner to avail the appropriate remedy in accordance with law or to approach the commissioner, municipal corporation, bhopal by bringing his notice the aforesaid orders passed by the respondent no.1 and action of respondent no.3. ..... having heard the learned counsel for the petitioner, i am of the opinion that the appropriate remedy of the petitioner in such circumstances is provided under the act itself. ..... it goes without saying that in case the petitioner does so, the concerned authority shall look into the matter and act expeditiously, in accordance with law to uphold the faith of the public in law as well as in the functionaries of the state. ..... the petitioner has filed this petition alleging non- compliance of the order passed by the respondent no.1, by respondent no.3 regarding orders passed in favour of the petitioner under the right to information act. .....

S.V. Industries Vs. Secretary, Engineering Majdoor Sangh and anr.

Court : Madhya Pradesh

Reported in : [2003(96)FLR1018]; 2003(1)MPHT478

..... although such power is required to be exercised at the first instance by the appropriate government but as observed supra when the issue was debated in this court interse parties in presence of labour commissioner then there arise no legal impediment for the writ court to issue writ ..... in other words sub-section (7) does empower the appropriate government/specified authority to even make a reference to tribunal to adjudicate whether deeming grant is made out on facts or not within the ..... sub-section (7) of section 25m does empower the appropriate government or specified authority as the case may be to either review the order of grant or refusal or refer the issue ..... in case if it is held that petitioner was granted deemed permission to effect lay off within the meaning of section 25m(5) of the act, the scenario will be different in case, however, if it is held that petitioner was not entitled to rely upon the deeming permission then the scenario of the ..... to the nature of dispute, it would be in the interest of all parties concern that a direction to appropriate government/specified authority is issued to refer the matter to tribunal for deciding as to whether petitioner is entitled to take the benefit of deemed grant permission to effect lay off within the meaning of section 25m(5) of industrial disputes act. ..... that they applied to the labour commissioner, indore, by annexure p-1 under section 25m of the industrial disputes act for seeking permission to effect lay off in their unit. .....

Citizens Cooperative Bank Ltd. Vs. Asstt.Provident Fund Commissioner

Court : Madhya Pradesh

..... aforesaid, the petition filed by the petitioner is accordingly disposed of with liberty to the petitioner to assail the impugned orders by taking up appropriate proceedings under the act before the appropriate forum in accordance w.p.no.410/2009 (citizens co-operative bank versus asst. ..... learned counsel for the respondent by way of a preliminary objection submits that the impugned orders passed by the authority are appealable under the provisions of section 7-i of the act and therefore the writ petition filed by the petitioner is not maintainable, moreso as the issue raised by him would involve decision on disputed questions of fact. ..... that in the absence of a notification being issued by the government of india bringing co-operative banks within the purview of the operation of the act, the impugned orders passed by the authority being without jurisdiction, deserve to be quashed. ..... that the number of employees of the bank are less than the number stipulated in the act and therefore, in view of the provisions of section 16(1)(a) of the act, the impugned orders passed by the authority be quashed. ..... petition being aggrieved by order dated 19.09.2008 as well as order dated 24.11.2008 passed by the respondent under section 7a and 8f of the employees provident fund and miscellaneous provisions act, 1952 (hereinafter referred to as the act).it is submitted by the learned counsel for the petitioner that the petitioner is a co-operative society and is exempted from the provisions of the act. .....

Laxmi Devi Singhal and Another Vs. Kailash Singhal

Court : Madhya Pradesh

..... it is open for the petitioner to put forth his defence at appropriate stage before the court below. ..... thadikonda ramulu firm) the apex court opined that under section 118(a) of the negotiable instruments act, the court is obliged to presume, until the contrary is proved, that the promissory note was made for consideration ..... abida and anr; decided on march 19, 2015) again considered section 138 and 139 of ni act and opined that the accused (respondent no.1) challenged the proceedings of criminal complaint cases before the high court, taking factual defences ..... complainant, at appropriate stage, can rebut this ..... the averments of the said suit is examined in juxta position to the averments of the compliant under section 138 of ni act, it will be clear that there are contradictions in the pleadings. ..... upon consideration of which the court may either believe that the consideration did not exist or its non-existence was so probable that a prudent man would, under the circumstances of the case, shall act upon the plea that it did not exist. 12. ..... raja sharma, learned counsel for the petitioner, submits that court below has erred in passing the order dated 06.07.2013 whereby complaint preferred by respondent under section 138 of negotiable instrument act ( ni act) is directed to be registered. ..... 138 of ni act finds place in chapter xvii of the ni act. ..... ), 2006 (6) scc 39 (m.s ..... this order, learned counsel for the petitioner submits that the respondent filed a complaint under section 138 of ni act. .....

Smt. Atibai and ors. Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2008(2)MPHT76

..... countering the contention on behalf of the state, attention has been drawn at the definition of the forest officer given under section 2(12a) of the act, section 2(2) of the forest act and also the rule 75 (1) of forest manual and it has been submitted that game guard is a forest guard and forest guard is a forest officer, as provided in ..... section (1), the power for giving temporary custody subject to the condition that the same shall be produced if and when required by the magistrate is indicative of the fact that the magistrate can pass appropriate orders in respect of the purported seized property which is taken before him. ..... magistrate is prima facie satisfied that the vehicle was being used for committing an offence under the act, the magistrate has to take into account the statutory mandate that the seized property becomes the property of the state government when the same has been used for commission of an offence under the act and has been seized.8.1 on perusal facts of the instant case and case before the apex court ..... in this particular case, considering the mandate of the apex court and also the gravity of the act of involvement as alleged against the vehicle, giving the same on supurdgi is not being considered in favour ..... the revisional court being of the view that the tractor trolley seized under the act, which has become the property of the government, held that same could not be released by the magistrate, allowed the revision and set aside the order ..... 2006(3) ..... 30/2006-07 .....