Court : Madhya Pradesh
Reported in : 1974MPLJ691; [1974]34STC504(MP)
..... of bombay, by an adaptation order, inserted in the central provinces sales tax act a new section 13-a, which is as under:where the amount of the tax due from a dealer for any period prior to the 1st day of november, 1956, has not been assessed or any turnover has escaped assessment then notwithstanding the reorganisation of states under the states reorganisation act, 1956, it shall be competent to the commissioner to assess or reassess the amount of tax due in accordance with the relevant provisions of this act ..... as a result of the states reorganisation act, the then existing state of madhya pradesh was divided into two parts. ..... 915 it was not noticed that if the words 'any period' in section 11(5) are construed to mean a continuous period and not a quarter or quarters taken separately it will give rise to discrimination between unregistered dealers proceeded against under this section and those proceeded under section 11-a. ..... 915 to the definitions of turnover and taxable turnover and section 5 of the act, which show that the tax is levied on a dealer on his taxable turnover which means the turnover calculated after making certain deductions for a 'prescribed period', i.e. ..... [1960] u s.t.c. ..... the petitioner by this petition under article 226 of the constitution seeks to challenge an order of assessment of sales tax passed by the sales tax officer, chhindwara circle, on 23rd april, 1960. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP43; [1964(8)FLR436]
..... court for a decision on the question whether the proceedings, in so far as they related to the nine mills, stood transferred under section 125 of the states reorganisation act to the industrial court at nagpur, according to the report, the bombay high court expressed the opinion that a reference under section 125(2) could be made if a court or tribunal entertained a doubt as to whether a proceeding before it should or should not be transferred to the ..... court, indore, taking the view that the effect of the amendments made by sections 20 and 21 of the amending act of 1961 was to make the new proviso (c) to section 112 and schedule iii a part of section 112 of the act of 1960 and no separate notification was necessary under section 1(3) of the principal act for bringing into force the provisions of section 112, as they stood originally or after amendment in 1961; that the reference ..... the industrial court at nagpur had no jurisdiction to continue the proceedings arising out of the reference inasmuch as they did not relate exclusively to the territory which had become part of the territory of the successor state as defined in the states reorganisation act, 1956. ..... if a certain proceeding comes up before a court, tribunal, authority or officer in a state on the footing that it stood transferred to it under section 125(1) from the corresponding court tribunal, authority or officer of another state, then until a question regarding the validity of the transfer is raised before the court .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP116; 1977MPLJ227
..... reorganisation act and the idea of continuing the facility of a high court at places (where) there was a high court before especially in the context of the convenience of the people, has further been demonstrated by parliament in the bombay reorganisation act, 1960 ..... we have already noticed that provisions similar to sub-section (3) of section 51 of the act exist in almost all the letters patent or the acts under which the various high courts have been constituted and in exercise of the power conferred by such provisions it was left to the chief justice with the concurrence of ..... rule by saying: 'the application of this rule of construction has the merit of avoiding any apparent contradiction between a series of statutes dealing with the same subject; it permits the raising of a presumption, in the absence of any context indicating a contrary intention, that the same meaning attaches to the same words in a later statute as ..... of the constitution pertaining to tax matters(3) all petitions under the constitution challenging the vires of any act or statutory instrument, (4) all petitions under the constitution arising out of the orders of the transport authorities, and (5) all petitions under the constitution arising from the revenue districts attached to indore and ..... clear to us that upto 1968 the legal position was that there were temporary benches at gwalior and indore which were dealing with cases arising out of certain districts assigned to them; but that did not in any way, affect .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP68
..... the supreme court was whether this notification amounted to law under section 87 read with section 2(d) of the bombay reorganisation act, 1960, and continued to be effective after the reorganisation of the state of bombay into two states, namely the state of maharashtra and the ..... cases show that a notification issued under statutory power exempting certain matter from the general provisions of the statute is legislative in nature and has the ..... 1686 = (1966) i scr 865 a notification issued under section 27 of the bihar and orissa excise act, 1915 imposing a countervailing duty on foreign liquor was held to be existing law within the meaning of article 305 of the constitution. ..... the supreme court adverted to the definitions of 'existing law' and 'indian law' mentioned earlier and observed that there was no material difference between 'existing law', 'indian law' and 'law in force' and that these expressions were wide enough to include not merely a legislative enactment but also any regulation or order ..... article 366(10) of the constitution also defines the expression 'existing law' to mean 'any law, ordinance, order, bye-law, rule or regulation passed or made before the commencement of this constitution by any legislature authority or person having power to make such law ..... all these cases and the expressions 'existing law', 'law in force' and 'indian law' referred to above deal with pre-constitutional laws which project into post-constitution period, but it is clear from this that our .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]137STC269(MP)
..... has been stated in dhayanand (1996) 7 scc 47 is that by virtue of section 88 of the punjab reorganisation act, 1966 an administrative order made by the erstwhile state does not automatically lapse and continues to be in force, effective and binding on the successor state unless modified and repudiated. ..... the learned single judge scanned the provisions of the reorganisation act and came to hold that the petitioners are not entitled for deferment of tax as there has been statutory intervention ..... it is significant to mention that what had fallen for consideration before the supreme court was an administrative order not amounting to law within the meaning of section 2(g) of the punjab reorganisation act--as held by the punjab high court with which the supreme court agreed. ..... the spinal issue that has spiraled to this court is whether the petitioners are entitled to the said benefit as per existing legal provisions and further whether the state of m.p. ..... it is condign to state here that the learned single judge has referred to certain decisions and come to hold that the law which is in force in one state cannot be made applicable or extended to another state and hence, the benefit conferred under the provision of chhattisgarh commercial tax act cannot be availed of in the state of m.p. ..... state of andhra pradesh [1960] 11 stc 420 (ap), shri swamiji of shri admar mutt v. ..... jha, learned deputy advocate-general has commended us to various decisions render in the cases of state of bombay v. r.m.d. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP59; 1962MPLJ65
..... under section 110 of the states reorganisation act, 1956, all existing permits continued to remain valid and effective subject to the provisions of the act. ..... of bhopal and indore, as constituted after the commencoment at the states reorganisation act, 1956, were bound to entertain applications for the renewal of permits granted before its commencement by the regiosal transport authorities at nagpur and amravati for certain routes which formerly lay wholly in the old state of madhya pradesh but which after such commencement became inter-state routes lying partly in the bombay state (now the state of maharashtra) and partly in the new state ..... the petitioner appealed against the so-called order dated 23 february, 1960, but the state transport appellate authority dismissed it on 19th march, 1960, holding that, while the petitioner's application for a fresh permit had to be dealt with and disposed of on merits, its application for renewal could not obviously by considered after the reciprocal agreement between the two states took effect. ..... in regard to the petitioner's applications for the renewal of the other two permits, the secretary of the regional transport authority, bhopal, intimated to it by communications dated 6th october, 1960, and 26/31 october, 1960, that they were filed because they were not maintainable under rule 61 (a) of the central provinces and berar motor vehicles rules, 1942. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987MPLJ396
..... joshi, (air 1959 bom 363) (supra), the bombay high court considered the maintainability of three petitions filed by the persons, who were in the service of the former state of madhya pradesh and whose services were terminated by the then government of madhya pradesh, in the light of the provisions of section 88(b), states reorganisation act, 1956, which read as follows : -- '88. ..... the respondents say that the petition is not maintainable at gwalior, because as per the presidential order dated 28-11-1968 issued under section 51(2), states reorganisation act, 1956, the gwalior bench has jurisdiction and power only in respect of the cases arising in the revenue districts of gwalior, shivpuri, datia, guna, vidisha, bhind and morena and because neither the impugned order of ..... the presidential order dated 28-11-1968 reads as follows :-- 'in exercise of the powers conferred by sub-section (2) of section 51 of the states reorganisation act, 1956 (37 of 1956), i, zakir husain, president of india, after consultation with the governor of madhya pradesh and the chief justice of the high court of madhya pradesh, hereby establish a permanent bench of the madhya pradesh high ..... where, immediately before the appointed day, an existing state is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall :- '(a) (b) if there be two or more successor states and the cause of action arose wholly within the territories which as from .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP353
..... is further to be noted that the appointment of a day for the purpose of section 33(1) of the states reorganisation act and the day to be appointed by public notification under section 8(2) of the constitution (seventh amendment) act, 1956 are two different actions to be taken by the president. ..... the president of any municipal committee has commenced but has not been completed in accordance with the provision repealed under section 2 and the rules framed thereunder, then notwithstanding anything contained in any enactment for the time being in force, such process and all action taken in furtherance thereof shall, on the date of coming into force of this act, stand annulled and the election of such president shall be held in accordance with the ..... '(2) in the said sub-clause, as from such date as the president may, by public notification, appoint,after the word 'bombay' the words 'madhya pradesh' shall be inserted'.the language ol this sub-clause makes it clear that e words 'madhya predesh' become a part of sub-clause (8) ..... a public notification is made appointing a day for the purpose of section 8(2) of the seventh amendment, article 168 does not stand amended and the legislature of madhya pradesh continues to consist of only one house. ..... is a right standing by itself and comes into existence on account of me special law creating it. ..... clauses (3) and (4) of this section provide that certain preliminary actions can be taken by the president 'after the 'appointed day' for constituting the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP261; [1961(3)FLR54]
..... to be quashed, he would, in the absence of any order of the central government finally allotting his services to the bombay state under sub-section (3) of section 115 of the states reorganisation act, 1956 (37 of 1956), be deemed to be, under subsection (2) of that section, serving under the principal successor state, which admittedly is, in this case, the new state of madhya pradesh. ..... 311(2), it seems to me that they mean that if in a departmental enquiry the civil servant has been given the 'reasonable opportunity' explained in air 1958 sc 300 (supra) and if it thus satisfies the provisions of article 311(2), then after such an enquiry is held it is unnecessary to give a second opportunity to the civil servant for a fresh investigation into the facts so as to reagitate the conclusions reached ..... 26 june 1951 was set aside by the high court on 31 august 1954, the state government, by a fresh, order dated 24 september 1954, decided to continue him 'under suspension with effect from 30th november 1950 to enable them to hold a proper enquiry against him'. ..... vouchers and ledgers during the period from november 1947 to january 1950, and to keep proper account of the cost of clothing issued on credit to certain persons and the loss of certain articles by culpable negligence.all these charges were found to be estab-lished by the enquiry officer. ..... was illegal did not revive an order of suspension which did not exist'.the present case is also not one of mere revival of the suspension ..... 1960 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP98; 2002(2)MPHT10
..... provision in the reorganisation act which expressly provides extension of the term of the members of the bar council and, therefore, the members cannot continue after the expiry of the period and an obligation is cast on the bar council of india to act in accordance with the provision engrafted under section 8a of the act. ..... time being in force, every commission, authority, tribunal, university, board or any other constituted under a central act, state act or provincial act and having jurisdiction over the existing state of madhya pradesh shall on and from the appointed day continue to function in the successor state of madhya pradesh and also exercise jurisdiction as existed before the appointed day over the state of chhattisgarh for a maximum period of two years from the appointed ..... been brought on record being correspondences made by the bar council of india, are also not being referred to as this court is obligated, as submitted by the learned counsel for the parties, to interpret certain provisions of the reorganisation act and the act, and the effect and impact of certain provisions enshrined under the two acts.4. ..... that the respondents, though employed in the factory of the press, were not 'workers' within the meaning of section 2(1) of the factories act and therefore, were not entitled to the benefit of section 59 of that act read with section 70 of the bombay shops and establishments act, 1948. ..... it is true that sometimes the law permits the corporate veil to be lifted, but .....
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