Court : Madhya Pradesh
Reported in : (2008)17VST465(MP)
..... the entry tax 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 ..... for the construction, expansion, maintenance and repairs of the gas pipeline, the charge or tax would firstly, be outside the purview of article 301 as it would facilitate the movement part of trade and secondly would also be compensatory in nature in view of the working test laid down in the case of automobile transport 0065/1962 : [1963]1scr491 even if the pipeline is not reserved for the exclusive use ..... central excise ..... has been made to declare the provision contained in the 1976 act and the amending act, 2004 and ordinance, 2006 as ultra vires and further to command ..... account of providing or adding to the trading facilities either immediately or in future provided the quantum of tax sought to be generated is based on a ..... of goods 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 ..... and for carrying on such business the existence of basic resources like infrastructure, roads, proper hygiene, lighting, drinking water, health, sanitation and adequate civil administration are necessary because it is not possible to have .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... for the petitioners had a sanguine grievance with 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 ..... places;(r) removing of obstructions and projections in public streets and places and sites not being private property or which are open to use of public, whether such sites are vested in the panchayats or belongs to the state government;(s) regulating the control entertainment shows, ..... and in the surveys conducted by the state government or 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 ..... reservation and affirmative discrimination but the manner in which the language relating to quorum has been couched is not traceable in the constitution since on a scanning of the constitutional provisions under this chapter the conception of reservation ..... gram sabha shall be decided, as far as possible, unanimously failing which by general consensus of the ..... , jt 2004 (1) sc 152, has held that the question as to whether a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP26
..... sc 324), their lordships called it the duty of courts to give effect to that meaning of the act what common sense would show was obviously intended, and the construction which would defeat the ends of the act must be rejected, even if the same words used in the same section and even the same sentence, have to be construed differently, and that the law ..... amendment act emended section 8 of the original act ..... to concede the right of renewal, and to end the controversy which arose from the two possible interpretations; of the renewal clause by fixing afresh, the rates on offering which the purchaser ..... chapter ii of the specific relief act, 1877, section 58 of the sale of goods act enables a decree for specific performance to be passed in case of contracts for sale of moveables: and secondly, that the power under article 226 is not controlled by the specific relief act ..... ' 'under our jurisprudence the government is not exempt from liability to carry out the representation made by it as to its future conduct and it cannot on some undefined and undisclosed ground of necessity of expediency fail to carry out the promise solemnly made by it, nor claim to be the judge ..... licensee of a liquor shop applied to the high court of madhya pradesh for a writ of mandamus directing the excise department of the state not to recover licence fee for those days in respect of which liquor was not supplied to the appellant ..... all right that the right of renewal will be reserved to me under the purchaser's agreement. .....
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