Court : Madhya Pradesh
Reported in : AIR2008MP79
..... to call upon the secured creditor to deposit the said amount in accordance with the provisions of section 529a of the companies act. learned counsel has invited attention to the decision of the bombay high court (nagpur bench) in akola oil industries v. bank of maharashtra : 2006(1)bomcr362 . reference has also ..... learned company judge issued the following directions by order dated 16-4-2007 ':1) the respondent through their directors, authorised signatories, employees or any person acting for and on behalf of the respondent company are restrained jointly or/and severally from transferring, alienating, negotiating, selling, encumbering or parting away of any ..... been made to the decision in allahabad bank v. canara bank air 2000 sc 1535, particularly to paragraph 35.8. insofar as the contention of the learned counsel with regard to the overriding effect given to sarfaesi act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1990)IILLJ313MP; 1990MPLJ515
..... are some observations, but admittedly also those are per incurium. the question mooted for decision in umaji (supra) was whether under clause 15 of letters patent of bombay high court, against the decision of a learned single judge under article 227 of the constitution, appeal lies to the division bench. the court held that such ..... in service and we would examine them. in state of rajasthan v. rajendar singh (1973-ii-llj-275), the provision of rajasthan civil service rules, 1951 for the purpose of compulsory retirement of respondent was applied. that was held illegal by the high court and also the supreme court in appeal because there ..... passage extracted from para 99:'the power of superintendence conferred upon every high court by article 227 is a. supervisory jurisdiction intended to ensure that subordinate courts and tribunals act within the limits of their authority and according to law (see state of gujarat v. vakhatsinghji veghela. (air) 1968 sc 1481, 1487, 1488 and ahmedabad mfg. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP266; 2002(4)MPLJ110
..... in favour of the women against the men but not vice versa. this view has been taken in the case of dattatraya motiram more v. state of bombay, air 1953 bombay 311. similar view has been reiterated in the case of shahdad v. mohd. abdullah, air 1967 j & k 120. in this context we may also ..... constitution inasmuch as it is founded on the backdrop of unreasonableness, arbi-trariness and irrationality. the learned counsel has also pointed out that there has been inconsistency between the act and bye-laws and, therefore, the amendment is unsustainable. 7-a. mr. upadhyay, learned counsel for the respondent no. 4. in defence of the amendment ..... . it is setforth that a complaint was made by the general secretary of the petitioner-society to the conciliation officer under the provisions of the industrial disputes act, 1947 for intervention. various aspects have been highlighted what ensued and how the authorities tried to intervene and how despite their sanguine intervention the mandi in its .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : III(2005)ACC31; IV(2005)ACC603; 2005ACJ831; 2005(1)MPHT486; 2005(1)MPLJ372
..... the apportionment of liability to 50-50 percent. single bench of the delhi high court has also apportioned the quantum of compensation between joint tort-feasors.17. bombay high court in the case of maharashtra state road transport corporation v. ramchandra ganpatrao chincholkar, 1993 acj 165, in the case of composite negligence has determined ..... because of the contributory negligence of the drivers of both the buses, the corporation could not be held to be liable under the provisions of motor vehicles act. it was not the claim based on 'no fault liability'. moreover, the claimant has stated that he has been given compassionate appointment on suitable alternative ..... after considering the difference between contributory negligence and composite negligence, it is held that when the victim has suffered injuries or death is caused on account of act of two vehicles without his fault, then the claimant is free to choose any of the joint tort-feasors and claim compensation from him. while considering .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPLJ578
..... of their statutory right and respondents were rightly discharged.14. he has also relied upon the judgment of mumbai high court reported in the matter of zim laboratories, bombay v. state of maharashtra 1999 cri lj 2903. in this matter also the accused-company after receipt of said report notifying drug inspector within stipulated time about ..... all be sustained.16. as per the observations made by the apex court in the above referred case, the accused under the provisions of drugs and cosmetics act are required to exercise their statutory right to get the sample reanalysed by the central drugs laboratory by notifying in writing to the inspector or the court concerned ..... examined by central drugs laboratory was deliberately denied by the respondent. the learned counsel has drawn attention of this court to the provisions of section 25 of the act, which reads as under:25. reports of government analysts.--(1) the government analyst to whom a sample of any drug (or cosmetic) has been submitted for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP5
..... an imposition, though without any ceiling, cannot be held to be unreasonable or unconstitutional.13. learned counsel for the petitioner also relied upon the judgment of the bombay high court in indian organic chemicals ltd. v. chemtax fibres inc., (1981) 83 bom lr 406. in this case the state of maharashtra failed to support ..... five judges. we have already held that the state has been successful in establishing the required correlationship between the amount of court-fee recovered under the 1975 act and the expenditure incurred on the administration of civil justice. the state here, therefore, cannot be accused of insisting on payment of court-fee at ..... a criminal court. all civil judges have been conferred power to function as judicial magistrates. similarly, all additional district judges and district judges are empowered to act as sessions judges. there is no separate establishment for criminal and civil courts. in the high court also, there is no separate establishment for criminal cases. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1989MPLJ422; [1991]81STC269(MP)
..... the petitioner is a partnership firm, having its head office at aurangabad in the state of maharashtra where it is registered as a dealer under the bombay sales tax act, 1959 and has taken work at malajkhand, district balaghat in the state of madhya pradesh. the petitioner is a contractor and undertakes labour/works contracts ..... work is over. the work undertaken by the petitioner at malajkhand does not bring it within the definition of 'works contracts' under section 2(m) of the act, which relates to construction of buildings, dams, bridges and other immovable property, erection of factories, installation of machineries, etc. the petitioner's work is only for ..... two enactments. in spite of clarifying the matter, the sales tax officer, chhindwara (respondent no. 3) required the petitioner to get itself registered under both these acts. this was also objected to by the petitioner, yet, the sales tax officer directed the petitioner to furnish full details of all the purchases made from outside .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP32; 2002(3)MPHT372; 2002(2)MPLJ595
..... objection was raised by the residents of colony and some complaints were made to the various authorities, challenging the act of petitioners. on 19th june, 1990 members of the municipal corporation along with aid of local police reached the aforesaid plots and demolished the boundary wall. authority of municipal corporation has also carried away the ..... . it is further contended by counsel for the petitioners that since there was a deemed permission as contemplated in section 295(3) of the municipal corporation act, petitioners after notice proceeded with erection of the boundary wall. the boundary wall was constructed on 27th april, 1990. it is contended that as soon ..... -operative society.12. in the case of dadar avanti co-op. housing society ltd., bombay v. municipal corporation of greater bombay and ors., reported in air 1996 sc 2938, while considering the scope of maharashtra regional and town planning act, it was held that change of user can be permitted only if the regulation in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ594
..... which related to offence punishable under section 498a of indian penal code, reported in 1993 cr.l.j. 3019, ravindra pyarelal bidlan and ors. v. state of maharashtra (bombay high court) the scope and meaning of 'cruelty' was considered and it was observed that, each and every harassment does not amount to cruelty. the harassment has to be ..... herself. the accused/appellant had called his landlord ramprasad prajapati (p.w. 1) immediately after the incident, who lodged the report (ex.p 7) of the incident. police came to the spot and got opened the door of the room in which the deceased had committed suicide. the dead body was sent for post mortem examination. dr. d ..... 1995 cr.l.j. 174, keshab chandra panda v. state (orissa high court), it has been observed that, in the provisions made under section 113b of evidence act and under section 304b of indian penal code, one of the common essential ingredients is that the deceased must have been subjected to cruelty or harassment, soon before her death .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996CriLJ3191; II(1996)DMC640
..... case, which related to offence punishable under section 498a of ipc, reported in 1993 cr. l.j. 3019, ravindra pyarelal bidian and ors. v. state of maharashtra, (bombay high court) the scope and meaning of 'cruelty' was considered and it was observed that, each and every harassment does not amount to cruelty. the harassment has to be with ..... hanging herself. the accused/appellant had called his landlord ramprasad prajapati (pw 1) immediately after the incident, who lodged the report (ex.p-7) of the incident. police came to the spot and got opened the door of the room in which the deceased had committed suicide. the dead body was sent for post-mortem examination. dr. ..... 174=i (1995) ccr 427, keshab chandra panda v. state (orissa high court), it has been observed that, in the provisions made under section 113b of evidence act and under section 304b of ipc, one of the common essential ingredient is that the deceased must have been subjected to cruelty or harassment, soon before her death, for .....
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