Court : Madhya Pradesh
Reported in : AIR1993MP132; 1993(0)MPLJ425
..... state of maharashtra, air 1986 sc 414, a case under the maharashtra agricultural lands (ceiling on holdings) act, 1961, their lordships of the supreme court upheld the order of theceiling authority refusing to recognise a civil court's decree which was secured without any contest in the suit found to be obviously collusive.12 ..... ceiling on agricultural holding act, 1960 (hereinafter referred to as the 'celling act', for short) were initiated against ..... transfers or partitions made after the publication of the bill but before the commencement of this act - (1) notwithstanding anything contained in any law for the time being in force, where after, the 1st january, 1971 but before the appointed day, any holder has transferred any land held by him by way ..... was the holder of an agricultural holding. ..... rules of construction applicable to expropriatary legislation are not applicable here and language permitting the construction which best secures the object of the ceiling act must be preferred against others which seek to defeat agrarian justice.'9. ..... the objective behind enactment of the ceiling act and the relevant principle for construing the provisions in the act was well laid down by a division bench of this court in state of madhya pradesh ..... celling authority, after holding an inquiry, formed an opinion that the decree was secured with the idea of defeating the provisions of the ceiling act and was not liable to be recognised by the ceiling authority. ..... ram chander sahu, air 1992 sc 195. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP70; 1993(0)MPLJ536
..... decision of calcutta high court in re anunda lal air 1932 cal 346, may be also made with advantage, in which it was held as under at page 349 :'section 8 standing in the text of the act proceeds upon the assumption that otherwise in the act there is a charge which is an ad valorem charge and is not fixed charge; and the only way in which it can be said that there is a charge has to be computed is that the charge ..... result of the above discussion, we are of the opinion that in the matter of appeals and cross-objections relating to award of compensation under the land acquisition act, the amount of court-fees has to be computed according to the difference between the amount awarded and the amount claimed by the appellant as per mandate ..... it clearly lays down the rule that the amount of fee payable on a memorandum of appeal against an order relating to compensation under any act for the time being in force for the acquisition of land for public purposes, shall be computed according to the difference between the two sums, that is, ..... may be said about awards generally, at least with respect to limited field of land acquisition awards, it may have to be held that they are 'orders' relating to compensation under any act for the time being in force, for the acquisition of land for public purposes, in terms of language' employed in section 8 of the c.f. ..... (supra) which is based on the decision in the case of laxminarain, (air 1992 mp 140) (supra) also does not lay down the correct law. ..... central .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ579
..... apex court's constitution bench in dhulabhai's case, air 1969 sc 78, has held that when an express bar is pleaded, the scheme of the particular act is to be examined to find adequacy or sufficiency of the remedies provided and to examine also if the special law creates a special right or a liability and provides for the determination thereof while requiring all ..... enacted as a result of judicial clamour raised in that regard as noticed by this court's full bench in gaya prasad's case 1992 acj 200 (mp) and taking cue from apex court's holding in shivaji dayanu's case 1991 acj 777 (sc) and n.k.v. ..... the legislative command of section 144 (new), 92-e (old), that 'notwithstanding anything contained in any other provision of this act or of any other law for the time being in force' clearly contemplates that any person who is entitled to payment of the sum statutorily specified has the right to have an order from the ..... employees' state insurance corporation's liability to provide the employee the specified statutory 'benefits' under the act with respect to the statutory risk covered was held to be exclusive, dependent solely on 'contributions' made both by the employer and the employee to the corpus of 'employees' state insurance fund' envisaged ..... disputed that the claimant-respondent was employed as a storekeeper in the central workshop of the appellant at gwalior. ..... the accident, he had first gone to the parcel office of the railway station from central workshop at kampoo at about 10.30 a.m. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP184
..... importantly and interestingly, she has made no attempt to contest any fact stated in the plaint and in the application for temporary injunction in specific terms about her alienations and other acts in respect of the 'disputed property'; in para 11 the bald statement made is - 'the factual allegations, if any, which fasten liability upon the answering defendant are not admitted', ..... to disposses the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit', an order of temporary injunction may be granted by the court to restrain such an act 'for the purpose of staying and preventing the waste, damage, alienation, sale, removal or disposition of the property of dispossession of the plaintiff or otherwise causing injury to the plaintiff in relation to any ..... , however, with a different question of interpretation of provisions of orissa agricultural income-tax act and orissa merged states (laws) act ..... analysis of the nature or character of the right claimed by the plaintiff to be enforced in the suit; it is the imminent likelihood of his suffering any injury as a result of any anticipated act of omission or commission of the defendant with respect to the right asserted by him which is of the essence of the matter ..... on 28-5-1948, there was a merger of certain princely states of central india leading to the formation of united state of gwalior, indore and malva (madhya bharat) when a convenant was executed by the rulers of the concerned states .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(44)ECC12; 1993(67)ELT479(MP)
..... nature of things, whether a case for interference is made out or not would depend on circumstances of each case and no cut and dry formula can be set out in exercise of discretion whether to entertain a petition or not, which can be universally applied to all cases.4. ..... 72.15 and 73.09 of the central excise tariff act, 1985. ..... 15 (mp), this court has followed a decision in the universal cables ltd. ..... the scope of interference at the show cause notice stage ignoring the question of alternate remedy was considered by this court in universal cables ltd. v. ..... if they interpret the notification wrongly, it cannot be said that they were acting without jurisdiction. ..... -1992 (58) e.l.t. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1994)ILLJ513MP; 1993(0)MPLJ767
..... 354 after an analysis of the entire case law and the six authoritative tests culled in ajay hasia's case (supra), observed thus:'we have several cases of societies registered under societies registration act which have been treated as 'state' but in each of those cases it would appear on analysis that either governmental business had been undertaken by the society or what wascxpected to be the public obligation of the 'state' had been ..... 2, framed in the said reference, whether a writ of mandamus direction or order can be issued under article 226 of the constitution by high court against a cooperative society registered under m.p.co-operative societies act, i960, has answered the question that 'such society which does not fall within the definition of the term 'other authority' and is not a statutory body, it will suffice to observe that normally such ..... 2 was registered as a co-operative society on july 4, 1983 and classified as 'central society', which also had its own approved bye-laws, annexure r/7. ..... 1 by an order dated september 30, 1992 transferred the two petitioners, sending them on deputation to raigarh and sarguja respectively for working in the intergrated tribal dairy projects, which are not under the organisation of the two respondents ..... ncert, (1992-i-llj-331) after referring to its earlier decisions, the supreme court observed that article 12 should not be stressed so as to bring in every autonomous body which has some nexus with the government within the sweep of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(44)ECC7; 1993(68)ELT72(MP)
..... 3,63,362.78 (additional duty) for the month of march, 1992 on yarn cleared during the above periods as per details in enclosed annexure-a, should not be demanded and recovered from them under section 11a of the central excises and salt act, 1944.4. ..... the said order itself permitted amended classification list dated 27-1-1981, 5-8-1991 and 3-3-1992 to be finalised in accordance with law after giving a show cause and proper opportunity of hearing and adducing evidence. ..... this court, therefore, had observed in universal cables' case that it is now settled law that if a notice issued by the tribunal or authority threatening to initiate proceedings prejudicial to a person is in excess of jurisdiction, the tribunal or authority can be prohibited from further proceeding in the matter under ..... , dated 25-7-1991 as amended; and(b) as to why assessments for the period 25-7-1991 to 29-2-1992 and from 1-3-1992 should not be finalised as per the rates mentioned above and the differential duty amounting to rs. ..... be denied but whether a case for interference at the show cause stage has been made out or not has to be judged in the circumstances of the particular case and there cannot be any cut and dry formula universally applicable to all cases.8. ..... ), a case cited by the petitioners themselves on another point, has held, relying on universal cables ltd. v. ..... in universal cable's case (supra), this court had relied on the decisions in calcutta discount co. v. i.t. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ731
..... it does not show as to which states are the main producers of rubber, whereas in 'india 1990' at page 776, under the subject 'states and union territories' (relating to karnataka) while dealing with the topic agriculture', it is stated thus :'the state stands second in the value of products per hectare and also second in total income from forests. ..... - to avail of the benefit of mistake of fact under section 79 of the indian penal code it must be shown that a man acted in the bona fide belief on reasonable grounds, said the supreme court in the following cases -answers : (a) vishwanth v. ..... agriculture', wherein it has been stated :'banana, pineapple, mango and jack-fruit are major ..... the key answer accords with the provisions of the act and as such we do not find any infirmity in the ..... entering into the examination of the aforesaid questions and its correctness or otherwise, it would be proper to refer to the decision of the supreme court in kanpur university v. ..... ipc in section -answers : (a) 84(b) 85(c) 96(d) 100key answer - asection 84 of the indian penal code reads as under :-'nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. ..... 0292 was issued on 21st august, 1992 and published in all local news papers and the 'rojgar aur nirman' published by the m. ..... stated that a written examination will be held on 31-12-1992 (sunday). .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1994MP103
..... over and above the eligibility qualification for admission to a post graduate course prescribed by the medical council of india or the university to which the different medical colleges in the state are affiliated especially when the state is willing to grant them admission ..... and other challenged the enforcement of madhya pradesh public health medical (md/ms) and dental(mds) postgraduate entrance examination rules, 1992 (in short, the 'new rules') with effect from the year 1992 and for restraining the respondents from holding the entrance test under the new rules in the month of april, 1992 as notified by the government by its letter dated 31-12-1991 filed as annexure p-2. it may be mentioned that ..... they have opposed the petition on the ground that the petitioner and candidates like him who had not completed internship before 31-12-1992 were not eligible for taking theexamination and they have taken the examination despite the rule which provided that the candidates must have completed their one ..... madhya pradesh was a nullity as there was no governor in the state who could represent the state government and the president of india with the aid and advice of the council of ministers of the central government only was empowered the function as executive head of the state ..... there was no governor in the state who could represent the state and the president of india with the aid and advice of council of ministers in the central government could only function as executive head of the state. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ542
..... in the return that steps had been taken to have this award filed in the court and to have it declared as a nullity through the application date 14-8-1991 (annexure r/1-a) under section 14 of the arbitration act.the trial court, on detailed analysis of entire facts and features, concluded that there was no proof of prima facie case and other ingredients, and on that basis refused temporary injunction and rejected the application ( ..... into being and disturb the status quo which admittedly had existed on the date of suit; andb) the award, yet to be scrutinised by the court in accordance with the provisions of the arbitration act, would suffer premature violation.in our view, the appellate court unjustifiably entered the forbidden territory when it opted to examine merits at the infancy of the lis and to reverse the order on such meticulous scrutiny. ..... (c) that the defendant threatens to dispossess the plaintiff in relation to any property in dispute in suit.the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, dameging, alienating, sale, removal or disposition of the property (or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation ..... 1 of the water for agriculture and there was no question ..... allowed, and the appellate order dated 16th january, 1992 (annexure 'g') is set side. ..... order dated 16th january, 1992 (annexure 'g') rendered ..... dated 16-1-1992 (annexure .....
Tag this Judgment!