Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... chapter 14-a has been introduced in the act of 1993 by amendment act no. ..... legislative assembly of that state passes a resolution to that effect by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting;(b) parliament, may, by law, extend the provisions of this part to the scheduled areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may specified in such law, and no such law shall be deemed to be an amendment of this constitution for the purposes of article 368.'12. ..... on behalf of the slate it has been stated that such reservation for chairpersons in favour of tribes has been made as a result of constitutional compulsions under article 244 read with 5th schedule and the central act no. ..... in view of the problems among tribal people like growing indebtedness, land alienation, deforestation, ecological degradation, displacement on account of industrialisation and modernisation, excise policy, alcohol and drug addiction, it has to be ensured that access to natural resources in tribal areas remains with the tribal people and they are suitably empowered to utilise and to exercise control over them for sustainable development. ..... , the number of seats and posts of chairpersons at all level in the panchayats and the percentage thereof reserved for the s.c. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT288
..... , this court found that section 35 of the central excises & salt act, 1944 (excise act) gave a right to appeal. ..... claims tribunal shall have all the powers of a civil court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the claims tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974). ..... where appeal lies under the statute, quantum, of compensation cannot be questioned at the instance of insurance company having limited defences, the award cannot be assailed in civil revision or for that matter in a writ petition under article 227 of the constitution of india, while the opinion of the bench in ramdas patil's case (supra) was to the contrary. ..... power to make an order under section 140 conferred on the claims tribunal under special law and any order passed by the tribunal is not to be affected obviously in any manner by the provisions of the code of civil procedure, including section 115 thereof.para 15: with respect, we may say that in case of gaya prasad, 1992 acj 200 (mp), the point of controversy was whether against an order of interim award passed under section 140, an appeal lies ..... principle has been introduced in section 115 of the civil procedure code by means of sub-section (2) incorporated by amendment act no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)17VST465(MP)
..... act and the amending act, 2004 and ordinance, 2006 as ultra vires and further to command the authorities to refund to the petitioners the tax collected along with 24 per cent or any other rate as may be deemed fit and proper in the facts and ..... central excise ..... for consumption, use or sale within all local areas in the state is clearly arbitrary and discriminatory and is hit by article 301 of the constitution because between discriminative tariffs and trade barriers on one hand and taxation for raising revenue on commercial intercourse, the difference is one of purpose and not of quality. ..... and maintenance of roads for the trade and industries, drinking water, maintenance and supply of electricity, expenses incurred on the maintenance of vehicles carrying drinking water, sanitation, maintenance of vehicles and the expenses incurred on maintenance relating to streets and roads, lighting, maintenance of park and the expenses incurred on services relating thereto, expenses relating to planting of trees as compensation for tree felling for the aforesaid activities and maintenance thereof, maintenance of public building and ..... act and referring to the decisions rendered by the apex court culled out the principles and further dealt with the 73rd and 74th constitutional amendments, by which chapters ix and ixa were introduced in the constitution of india for the purpose of conferring autonomy to the local bodies at the grass-root level and addressed itself to the enumerations made in the xi and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... regard to a singular provision and had no cavil in respect of any other provision and accordingly thought it condign to recommend the matter to be referred to a larger bench and resultantly, the matter has been placed before us for adjudication in respect of the question which is as under:--'whether the provision of sub-section (2) of section 6 of the panchayat (amendment) act, 2001 is constitutionally valid ?'2 ..... central government or any other local authority lawfully constituted;(dd) rendering assistance in prevention of contangious diseases;(ee) rendering assistance in inoculation and vaccination and enforcement of other preventive measures for safety of human being and cattle prescribed by government department and destitutes;(ff) rendering assistance to the disabled and destitutes;(gg) promotion of youth welfare, family welfare and sports;(hh) establishment of raksha samiti for:(a) safety of life and property;(b) prevention of fire and extinguishing fire and ..... and of other similar article;(t) regulating the construction of house, latrines, urinals, drains and water closets; (u) management of public land and management, extensionand other offensive matters;(v) (i) regulating places for disposal of dead bodies, carcasses and other offensive matters;(ii) disposal of unclaimed corposes and carcasses;(w) earmarking places for dumping refuse; (x) regulation of sale and preservation of meat;(y) maintenance of gram sabha property;(z) establishment and management of cattle, pools and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)186CTR(MP)364; [2004]266ITR364(MP); 2002(4)MPLJ495
..... , place and manner as the state government may prescribe, such duty shall be levied ratably on the quantity of excisable article imported, exported, transported, collected or manufactured in or issued from a distillery, brewery or warehouse : provided that- (1) duty may be levied-- (a) on intoxicating drugs by an acreagate rate levied on the cultivation of the hemp plant or by a rate charged on the quantity collected; (b) on spirit or beer manufactured in any 'distillery established or any distillery or brewery licensed under this act- (i) ..... include,-- (i) public sector company; (ii) a buyer in the further sale of such goods obtained in pursuance of such sale, or (iii) a buyer where the goods are not obtained by him by way of auction and where the sale price of such goods to be sold by the buyer is fixed by or under any state act; (b) 'seller' means the central government, a state government or any local authority or corporation or authority established by or under ..... state government no intoxicant shall be removed from any distillery, brewery, warehouse, or other place of storage established or licensed under this act unless the duty (if any) payable under chapter v, has been paid or a bond has been executed for the payment thereof. ..... in order to clarify this point, the finance act, 1990 has amended the said section to provide that the purchase price would mean any amount (by whatever name called) paid or payable by the buyer to obtain the goods referred to in that section except the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(2)MPHT142
..... said act shall be deemed to be an objection preferred under section 8 of this act to the relevant competent authority and may be disposed of by him as if the objection had been made in relation to a notification issued under section 7 of this act in respect of such land or of any rights in or over such land; and the central government may at any time make a declaration under section 9 of this act in respect of the land or any part thereof or ..... hectares of tenancy land under the 1894 act and to take possession of the same under section 17 of the 1894 act immediately and pursuant to this request, the state government issued notifications under section 4 and issued declaration under section 6 of the 1894 act in respect of the land on 23rd may, 2004 and initiated proceedings under section 9 of the 1894 act and the collector made the award determining the ..... : air1997sc1236 , that the court will have to weigh the public interest vis-a-vis the private interest while exercising the power under article 226 of the constitution and it will even be open to the high court to direct, in case it finds finally that the acquisition was vitiated on account of non-compliance ..... on these facts, the supreme court held that the octroi rules contained in chapter x are general rules framed by the state government in respect of matters referred to in section 153 in exercise of power under section 296 and are general for all municipalities, but the 1963 rules are framed for the municipal board, bareilly .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT418
..... the long title of the act, 2007 as well as the statement of objects and reasons appended to the bill which became the act, 2007 to show that the act, 2007 was enacted for making special provisions for advancement of socially and educationally backward classes and for scheduled castes and scheduled tribes in relation to admission in the light of article 15(5) of the constitution of india, inserted by the constitution (ninety-third amendment) act, 2005 and to provide for regulation of admission and determination of fees in private unaided ..... submitted that the objects of articles 15(5) and 46 can be ensured by the state by reduction in application fee or even total waiver thereof, a single window common entrance test procedure for both the state aided institutions and private professional educational institutions, opening more centres throughout the state particularly in rural, remote and backward areas, providing transport, boarding and lodging facilities, relaxing marks for eligibility and relaxing cut off marks for ..... of the petitioners is that section 5 of the act, 2007 is clear that eligibility for admission to the private unaided professional educational institution shall be such as may be notified by the 'appropriate authority' and 'appropriate authority' has been defined in section 3 (a) of the act, 2007 to mean a central or state authority established by the central or the state government for laying down norms and conditions for ensuring standards of professional education .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2010CriLJ73
..... both section 304-b of the ipc and section 113-b of the evidence act were inserted by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. ..... the handwriting of inquest report was not got proved by the prosecution by any witness which is the requirement of section 67 of the evidence act which reads as under:section 67 of the evidence act-- proof of signature and handwriting of person alleged to have signed or written document produced -- if a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so, much of the document as is alleged to be in that person's handwriting must be ..... on the basis of evidence of all these three witnesses, we are fully satisfied that deceased was ill-treated for demand of dowry and dissatisfaction of the appellants by not getting maruti car and articles of their choice.18. ..... in the result, this appeal is allowed in part, conviction and sentence of the appellants under section 304-b of the ipc are hereby set aside instead thereof the appellants are convicted under section 498-a of the ipc. ..... state of bihar (2004) 13 scc 348, m. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP247; 2007(1)MPLJ256
..... notwithstanding in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier. ..... the amendment in the constitution of india adding chapter ix-a it should be held that the municipal corporations are established in exercise of the powers under article 243 q to zf under chapter ix-a ..... has power to make laws:provided that in any matter with respect to which the legislature of a state and parliament have power to make laws, the executive power of the state shall be subject to, and limited by, the executive power expressly conferred by this constitution or by any law made by parliament upon the union or authorities thereof.executive power of a state shall extend to the matters with respect to which the legislature of the state ..... local area which is -(a) a municipality, the municipal board or municipal corporation;(b) a cantonment, the cantonment authority;(c) a notified area, the notified area committee;(2) any other local area, such authority as may be prescribed by the central government or the state government under this act. ..... act 1956 (for brevity as 'act of 1956') for a period of five years, which has expired in january 2004 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT28
..... to the union; and that even if the registrar, trade unions has no jurisdiction to pass the order impugned justice has been done and hence, it does not warrant any interference in exercise of extra-ordinary jurisdiction under articles 226 and 227 of the constitution ..... thereof, he could have filed appropriate proceedings before the election tribunal constituted under clause 2.10 of the state bank of india workmen union, bhopal circle but he chose not to do so; that the registrar of trade unions had accepted the newly elected trade union after deciding the objections raised by the petitioner and registered the same under the provisions of the act and ..... bearers of the central committee, 52 ..... chapter iii-a, the registrar shall, in addition to the powers mentioned in sub-section (1), have-(a) the following powers of a court of civil jurisdiction under the code of civil procedure, 1908 (v of 1908), namely:(i) power to require or accept the proof of facts by affidavits;(ii) power to summon and enforce the attendance of any person and to examine him on oath;(iii) power to compel the production of documents; and ..... amendment) before the industrial court but the petitioner did not avail the said remedy; that the petitioner himself had contested the election and lost it and had filed objections before the registrar when the question of issue of certificate under section 8 of the act was taken up by the first respondent; that the aforesaid facts have not been mentioned in the writ petition and ..... 2004 .....
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