Court : Madhya Pradesh
Reported in : 1994CriLJ2933
..... of the booking clerk for 6th of novemebr, 1992;(iii) that, a situation had arisen on 16th of october, 1992 which led to the blockade of rail traffic;(iv) that, the railway magistrate stayed execution of warrant till 24th of october, 1992;(v) that, news item was published in 'lokgatha' by which an impression was created that the author of the complaint was in fact the ..... the purpose of this case may be noticed as under:-2(c) 'criminal contempt' means the publication 'whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which -(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceedings; or(iii) interferes or tends to ..... railway magistrate formed a view that offences under sections 294, 323 and 506 of the indian penal code read with 145 of the railway act ..... application, the administrative judge has directed the matter to be placed before appropriate bench and that is how the matter has been placed before us.some ..... of the court; and(v) the similies given are highly in appropriate and improper.under these circumstances, we have come to a firm conclusion that the contemners have commited a criminal contempt as defined in section 2(c) of the act. ..... of this court.it is, therefore, prayed that the accused may be punished and appropriate action may be taken.3. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ807
..... for 6th of november 1992;(iii) that, a situation had arisen on 16th of october, 1992 which led to the blockade of rail traffic;(iv) that, the railway magistrate stayed execution of warrant till 24th of october, 1992;(v) that, news item was published in 'lokgatha' by which an impression was created that the author of the complaint was in ..... fact the railway magistrate and this has been perused with a view to seek his personal vendetta against the booking clerk;(vi) that, news items appeared in dainik bhaskar and other ..... of this case may be noticed as under :-'2(c) 'criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which -(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or(iii) interferes or tends ..... railway magistrate formed a view that offences under sections 294, 323 and 506 of the indian penal code read with 145 of the railway act ..... the administrative judge had directed the matter to be placed before appropriate bench and that is how the matter has been placed before ..... therefore, prayed that the accused may be punished and appropriate action may be taken.'3. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1970]26STC334(MP)
..... we have reasons to believe that the assessee has deliberately withheld the relevant documents like the account books, bill-books, sales tax register, railway register and the correspondence pertaining to the contract in question, because their production was felt by the assessee to be detrimental to its interest.4 ..... pursuant thereto, the assessee purchased the goods in question appropriating them to the account of the nagpur purchaser debiting him with the purchase price, adhat etc ..... he, therefore, argued that these transactions are inter-state sales under section 3(a) of the central sales tax act, because there is a movement of goods from one state to another in consequence of a sale between him and the nagpur merchant ..... the expression 'occasions the movement of goods' in section 3 of the central sales tax act, 1956, was interpreted by their lordships to mean 'in which the movement of goods from one state to another is the result of a covenant or incident of the contract of sale and the property in the goods passes in either state ..... the question that arises in this reference under section 44(1) of the madhya pradesh general sales tax act, 1958, is whether, in the facts and circumstances of the case, the sales amounting to ..... it is contended that section 3(a) of the central sales tax act is silent as to when the movement should take place and it only lays down that the sale must occasion the movement of the goods and, if the movement takes place, no matter when, it would be an inter- .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1994)IILLJ252MP; 1993(0)MPLJ969
..... a stumbling block to the maintainability and entertainability of the petitions submitting that section 14 read with section 28 of the administrative tribunal act, 1985 (hereinafter referred to as 'the tribunals act' for short), excluded the jurisdiction of the high court and the appropriate forum before which the two petitioners should have raised their grievances was of the state administrative tribunal duly established and functioning in the ..... concerning members of any service or persons appointed to any service or post, no court except- (a) the supreme court; or(b) any industrial tribunal, labour court or other authority constituted under the industrial disputes act, 1947 or any other corresponding law for the time being in force, shall have or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment of such service matters ..... state administrative services, the petitioner and a few others around 300 could not appear at the preliminary examination held at gwalior on july 19, 1992 allegedly because of dislocation in railway services consequent to a sudden strike by railway employees at jhansi resulting in belated arrival of the trains at gwalior by which time the examination was already over.5. ..... supra) the railway recruitment board ..... by deputy chief engineer of railways as casual typists on daily ..... the other hand, placed reliance on betalsingh mahore's case (supra), the chairman, railway recruitment board, madras v. s. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1982]50STC36(MP)
..... -for the purposes of this sub-section a sale or purchase of any goods shall not be deemed to be exempt from tax generally under the sales tax law of the appropriate state if under that law the sale or purchase of such goods is exempt only in specified circumstances or under specified conditions or the tax is levied on the sale or purchase of such goods at specified stages or otherwise than with ..... such goods during their movement from one state to another;any subsequent sale to a registered dealer during such movement effected by a transfer of documents of title to such goods, shall not be subject to tax under this act :provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner a certificate duly filled and ..... anything contained in sub-section (1) or sub-section (2), if under the sales tax law of the appropriate state the sale or purchase, as the case may be, of any goods by a dealer is exempt from tax generally or is subject to tax generally at a rate which is lower than one per cent (whether called a tax or fee or by any other name), the tax payable under this act on his turnover in so far as the turnover or any part thereof relates to the sale of ..... , railway receipt, but the sales were conditional and the transactions were finalised only after fulfilment of the condition that the goods would be analysed by the purchasers and the sale would be complete only .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP101
..... pump-house was not to pass to the plaintiff until and unless they were picked or unpicked and stacked by the railway administration, and secondly, that despite the contract it had the overriding right to appropriate all or any part of the coal-ash; and, the plaintiff was only entitled to the remainder of such coal-ash if any,7. ..... the agreement of 15-6-1968 was sale, or, it only amounted to an agreement to sell, within the meaning of sub-section (3) of section 6 and, therefore, the plaintiffs remedy, if any, lay by way of damages under section 57 of the sale of goods act, and not by a suit for damages for conversion; and, lastly, whether the stipulations of the restrictive covenant in the agreement of 15-6-1968 clearly envisaged that, firstly, the property in the coal-ash produced at the nandgaon ..... the contract to deliver any goods in a contract for sale of future goods, one or more of the following remedies may be open to the buyer namely :--(i) he may sue for damages for nondelivery under section 57 of the act; (ii) if the price has been paid by him, he may recover it in a suit for money had and received for a consideration which has totally failed 22. ..... where there is a contract for the sale of goods not yet in existence, the ownership of the goods may be transferred by acts done after the goods are produced in pursuance of the contract, by the seller, or by the buyer with the seller's .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(2)ARBLR537(MP); 2003(1)MPHT202; 2003(2)MPLJ338
..... mehul construction, air 2000 sc 2821, it has been held that when the matter is placed before the chief justice or his nominee under section 11 of the act it is imperative to bear in mind that the objective of the legislation is 'to minimise the supervisory role of the courts in the arbitral process'. ..... at this stage it would not be appropriate to entertain any 'contentious issue' between the parties and decide the same. ..... the same view has been taken by the constitution bench of the supreme court in konkan railway corporation ltd. v. ..... in konkan railway corporation ltd. v. ..... a bare reading of sections 13 and 16 of the act makes it crystal clear that questions with regard to the qualifications, independence and impartiality of the arbitrator, and in respect of the jurisdiction of the arbitrator could be raised before the arbitrator who would decide the same. ..... this is an application under section 11(6) of the arbitration and conciliation act, 1996 (hereinafter to be referred to as the 'act') for appointment of arbitrator.2. ..... if this approach is adhered to, then there would be no grievance to any party and in the arbitral proceeding, it would be open to raise any objection as provided under the act. ..... the questions raised by the non-applicant cannot be decided under section 11 of the act. ..... after hearing the learned counsel for the parties, i am of the opinion that the issues raised by the non-applicant can be decided by the arbitrators as per section 16 of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ176
..... affects the public interest.page 1315 : within the constitutional limitations, the legislature may determine the method which will be employed to enforce the collection of taxes, and any valid means deemed appropriate may be selected, since in prescribing the means by which taxes shall be collected the power of the legislature is exclusive and discretionary.a state may collect a tax only if legal ..... , nature, and necessity of levy''the word 'levy' as applied to taxation has been given a variety of meanings; it is sometimes used, in an administrative sense, as referring to the mere ministerial or executive acts of ascertaining and entering the taxes on the tax book and collecting them, but in its proper sense, as applied to the determination of the amount or rate to be charged, it is the formal and official action ..... by the government at the disposal of the corporation;(c) the salaries, allowances of municipal officers and servants and all pensions, gratuities, contributions and compassionate allowances payable under the provisions of this act;(d) the salaries and fees of experts for service or advice in connection with any matter arising out of the administration or undertaking of the corporation;(e) all expenses and costs incurred by the ..... the act (section 88 thirdly) contemplates appropriation of tax for carrying out the purposes of the act as ..... will be appropriate to refer to the provisions in part-iii-finance chapter vii-municipal fund under the municipal corporation act, 1956 :'86 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1982]50STC287(MP)
..... such a case would clearly fall within section 25(2) of the sale of goods act and it would be deemed that the petitioner had reserved the right of disposal, and for this reason there was no unconditional appropriation of the goods to the contract at the time of shipment within the meaning of section 25(2) and the property did not pass ..... this provision must, however, be read with section 25(2), which says that where goods are shipped or delivered to a railway administration for carriage by railway and by the bill of lading or railway receipt, as the case may be, the goods are deliverable to the order of the seller or his agent, the seller is prima facie deemed to reserve the ..... passed after the goods crossed the customs frontiers and to decide afresh the question whether these sales qualify for exemption under the second limb of section 5(1) of the central sales tax act, or were liable to be assessed as sales in course of inter-state trade and commerce, in the light of the observations made above. ..... that where, in pursuance of the contract, the seller delivers the goods to a carrier for the purpose of transmission to the buyer and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. ..... of on board bill of lading/railway receipt, as the case may ..... the bill of lading/railway receipt shall be made out in the name of the seller and shall be endorsed in favour of the buyer or his nominee at the time of negotiation of documents or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP274; 1962MPLJ214
..... it should have applied for a permanent stage carriage permit under section 46 of the motor vehicles act and then, to have entered into a contract with the railway authorities to run its out-agency service only if it had been successful in so obtaining the permit ..... of the petitioner on the basis of the contract that he has taken from the railway does not fall within the reasons for which a temporary permit can be granted under section ..... the petitioner has, therefore, failed to pursue the'appropriate remedy of appeal and has filed the petition in this court after the lapse of the period ..... 'in the instant case, the petitioner has entered into the contract with the railway without having any permit in his favour to ply buses on the route and after having done so, he now wants to force the hands of the regional transport ..... in the instant case, the operator has taken a contract from the railway and on the strength of it he wants to force the regional transport authority to grant a temporary permit in respect of traffic which is permanent and which is being catered for by the ..... entered into a contract with the railway authorities to carry passengers from raipur to kawardha and jagdalpur as a consequence of the railway opening out-agencies in kawardha and ..... we do not agree that the regional transport authority in the instant case acted illegally in refusing to grant a temporary permit, as the petitioner intended to provide for only normal traffic on the routes for which a sufficient number .....
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