Court : Madhya Pradesh
Decided on : Jul-30-2003
Reported in : 2004(2)MPHT457; 2004(3)MPLJ467
..... grant of compensation of acquired land and to section 23 for disposal of the vacant land acquired by the state government. it is setforth that the principal act remained in force till the year 1999 and eventually it was repealed by the parliament and the state of madhya pradesh passed the resolution under article 252(2) of the ..... the word 'vest' has a different facet. in this context we may refer to the meaning of the term as defined in chamber's twentieth century dictionary:'to settle, secure, or put in fixed right of possession; to endow, to descend, devolve or to take effect, as a right.'concise oxford dictionary gives the following meaning :--'confer formally ..... 5) deals with how the possession has to be taken over. sub-section (6) empowers the competent authority to take possession of the vacant land by application of force.16. submission of mr. jain is that once that property vests it becomes free from all encumbrances. the state becomes the owner in entirety and there is acquisition in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-15-2003
Reported in : [2004]137STC269(MP)
..... of deferment of payment of tax was extended by the erstwhile state of m.p. there is no controversy with regard the factum that after coming into force of the reorganisation act the state of chhattisgarh has adapted the law in this regard which was in vogue in the state of m.p. and extended the benefit to ..... per the eligibility criteria fixed under the rules and the benefit of deferment was granted for a period of 11 years. on november 1, 2000 the reorganisation act, 2000 came into force by which the erstwhile state of madhya pradesh was bifurcated into two successor states, namely, state of madhya pradesh and state of chhattisgarh. the state of chhattisgarh ..... entitled to claim the benefit of deferment of tax provided to them under the m.p. commercial tax act, 1994 (in short 'the 1994 act') after coming into force of m.p. state re-organisation act, 2000 (for brevity 'the reorganisation act').3. the facts which are essential to be stated are that the writ petitioners were granted benefit of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-16-2003
Reported in : (2004)IILLJ40MP; 2004(1)MPLJ168
..... extend to all the employees, whether permanent, temporary or piece rated or casual or hired through contractors the social security as envisaged under the act. the provisions of the regulations framed under section 79 of the act of 1948, extend the benefits of contributory provident fund or old age pension to certain classes of employees of the ..... has framed the regulations p. 1 called as madhya pradesh electricity board's contributory and general provident fund regulations, published on march 27, 1953, which came into force w.e.f. april 1, 1952. the provident fund shall be held by the board and administered by the 'board of trustees'. direction has been made ..... belonging to government or local authority and also to infant factories. - (1) this act: shall not apply(a) to any establishment registered under the co-operative societies act, 1912, or under any other law for the time being in force in any state relating to co-operative societies, employing less than fifty persons and working .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-05-2003
Reported in : [2004(102)FLR468]; (2004)IILLJ1101MP; 2004(3)MPHT96; 2004(2)MPLJ348
..... as the salaries of the petitioners is being paid by the partnership firm. it was the further stand of the said respondent that it had secured a licence under section 12 of the 1970 act and entitled to engage 75 workmen as per the said licence. it was further averred by him that the petitioners are not permanent employees and ..... employees of the respondent no. 1 within the meaning of section 2(13)(a) read with sub-clause (e) of section 2(14) of the act, 1960 after coming into force of the clra act. it is pertinent to state here that an alternative submission was proponed by the petitioners that command should be issued to the respondents to absorb the petitioners ..... to defray special expenses entailed on him by the nature of his employment; and(ix) any amount payable to an employee under any law for the time being in force for the protection of rights of employees or for regulating their relations with the employers, or under any award, settlement or agreement.'section 31 of the aforesaid .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-2003
Reported in : AIR2003MP117; 2003(2)MPLJ86
..... conduct of the plaintiff.28. it be seen before the enactment of the present specific relief act, 1963, the earlier specific relief act of 1877 was in force. the equivalent section of section 16 of the present act was section 24 of the old act which reads as under :--personal bars to the relief : 24. specific performance of a contract ..... of the subject-matter thereof (though not founded on any valuable consideration) had been made and was then in force. on bare perusal of section 24 of the old act it would reveal that under the said act the plaintiff was not required to aver and prove the readiness and willingness, which, we find place in section 16 ..... enquired from him, regarding the nature of his possession. this argument, prima facie appears to be attractive, but, on deep scrutiny, found to be devoid of any force. defendant no. 2 champalal had pleaded in his written statement that he was not having cordial relation with the plaintiff. they were not having good relations between them .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-17-2003
Reported in : AIR2004MP82
..... in the disciplinary proceedings, the courts and tribunals should cause the copy of the report to be furnished to the aggrieved employee if he has not already secured it before coming to the court/tribunal, and give the employee an opportunity to show how his or her case was prejudiced because of the non-supply ..... approval of the state government lease out on concessional terms any authority land to any public institution or body registered under any law for the time being in force.20. ordinarily, no lease or sale of land on concessional terms shall be allowed for the purposes of other than charitable purposes such as for hospital, educational ..... terms have been used, namely, 'constitution, 'working' and 'financial conditions'. the term 'working' would include the pattern of working and manner of working and the acts done and such other facets that are relatable or connectable with the jda. allocation or allotment of land would irrefragably would come within the ambit arid sweep of the term .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-07-2003
Reported in : 2004(1)MPHT225
..... should not be construed so as to create new disabilities or obligations or impose new duties in respect of transactions which were complete at the time the amending act came into force. [see nani gopal mitra v. state of bihar, (1969) 2 scr 411 - air 1970 sc 1636]. in our opinion, the case of sri ..... the present impugned notification, by placing reliance on certain decisions of the apex court has categorically held that it is clear that section 3 of the act does not give power to issue notification with retrospective effect nor does the notification itself says that it is retrospective in operation thereby ultimately holding that ..... if these words are construed harmoniously, the only inference which could be gathered is that the impugned notification would apply prospectively and not retrospectively.14. the act is basically beneficial legislation to provide for the regulation and control of eviction of the tenant from the accommodations and for other matter connected therewith or incidental .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-24-2003
Reported in : 2004(2)MPHT333; 2004(1)MPLJ530
..... the place of occurrence. at that time, her husband was lying at the spot quite alone and no other person was present there.19. this argument is devoid of any force. we have to read the evidence of laxmi bai (p.w. 4) as a whole. while reading paragraph 7 of her deposition we can not ignore her statement recorded in ..... draw the inference that the intention of the appellant was to cause death. the presumption of law is that a person intends the natural and inevitable consequence of his own acts.34. the learned counsel for the appellants submitted that in this case the author of the fatal injuries is not known and it is not possible to say who inflicted .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-19-2003
Reported in : 2004(3)MPHT40; 2004(2)MPLJ566
..... the behaviour of appellant was normal and no psychiatric symptom was elicited. the medical board also opined regarding the intelligence and mental status and found it to be on the border line.12. it has been contended by shri naik, learned sr. counsel for the respondent that the opinion of the board amounts to an additional evidence and an opportunity ..... of the present case on the anvil of the aforesaid provision of the statute. on going through the averments made in the application filed under section 13 of the act it is gathered that nowhere the husband has pleaded this fact that his wife has been incurably of unsound mind, though he has pleaded that his wife is of ..... thereafter, the parties led their evidence. the trial court came to hold that the plaintiff had proved his case under section 13(1) (i-a) and (iii) of the act and eventually passed a decree of divorce on those grounds. hence this appeal.9. in this appeal shri r.d. jain, learned sr. advocate assisted by shri v.k. bharadwaj .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-09-2003
Reported in : AIR2004MP176; 2004(3)MPLJ231
..... 160 their lordships enumerated the conclusion which we respectfully quote :--'160. in conclusion, we hold :(1) section 49 of the supply act is valid.(2) the nature of consumption deposit is to secure prompt payment and is intended for appropriation.(3) there is no liability on the electricity board either under the statute or common law or ..... 5. mr. reddy, learned additional solicitor general has challenged the findings of the high court on second part of issue (g), issues (i) and (1). we see no force in the contention of the learned additional solicitor general so far as issues (g) and (i) are concerned. this court in ferro alloys corporation. ltd. v. a. p ..... for supply of electrical energy' and also the provisions of the indian electricity act, 1910 and of electricity (supply) act, 1948 and any modification or re-enactment thereof for the time being in force, and to the rules and regulations thereunder; for time being in force in so far as the same respectively may be applicable. a copy of .....
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