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 : 2004(4)MPHT205
..... excise (amendment) act, 2000 whereby section 59-a (i) has been introduced and on the teeth of the said provision the application for anticipatory ..... excise (amendment) act, 2000 (act ..... in either case with the intention specified in clause (b); any spirit into denatured spirit or into a denatured spirituous preparation; or(d) mixes denatured spirit or such altered denatured spirit or denatured spirituous preparation with potable spirit, and such liquor, denatured spirit, denatured spirituous preparation, spirit or altered denatured spirit as the case may be, is found unfit for human consumption or causes injury to or death of human being-shall be punishable- where ..... do the instrumentalities of the state owe no obligation to enforce article 21 of the constitution but then, how can they do so unless they know what they are required to do in this regard and, how would they know about it unless they out who arc the evil-doers and how they conjointly act to fulfil their evil designs to inform the mind of the government in this regard, should it not try to find out all the relevant ..... chapter iv of the act deals with the manufacture, possession and ..... chapter iii of the act is devoted to deal with the import, export and ..... chapter ii of the act deals with the establishment and ..... provisions occurring in the said chapters provide for power to prohibit ..... chapter vii provides for offences and ..... chapter v deals with the duty and ..... section 34 which occurs in chapter vii deals with penalty for unlawful manufacture, .....
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 : 2006(2)MPHT300; 2006(1)MPLJ231
..... madhya pradesh accommodation control (amendment) act no. ..... cause of action for eviction based upon bonafide need under chapter iii-a for one of the five specified categories of landlords, is altogether different and distinct and has no bearing on the cause of action for eviction on other grounds. ..... at the time of hearing, learned counsel for petitioner submitted that after amendment in the act in the year 1985, it is clear that rent controlling authority alone has the exclusive jurisdiction to try a claim for eviction on the ground of bonafide need of specified categories of landlords. ..... per contra, learned counsel appearing for respondent supported the order impugned and submitted that after 1976 amendment in the code, piece-meal trial of issues is undesirable, and the trial court rightly refused to try issue no. ..... in case where issues of law go to the very root of case, and the case or part thereof may be disposed of without investigation or enquiry, it is the duty of the court to determine issues of law first, as it will save unnecessary inconvenience to parties and waste of lime, labour of the court, as well. ..... 23-a of 2002 these two questions are involved for determination in this petition under article 227 of the constitution of india.2. ..... accommodation control act, 1961 did the first civil judge class ii, jaora commit an illegality in passing the order impugned dated 11-8-2004 in civil suit no. .....
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 : 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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