Judgment Search Results Home > Cases Phrase: cheques act 1957 Court: madhya pradesh Page 10 of about 20,222 results (0.097 seconds)

M/S. Maihar Cement Vs. Union of India and Others

Court : Madhya Pradesh

..... or in relation to, any powers or functions with which it may be invested by notification under section 2, shall be sufficient and binding if in writing signed by the secretary to the railway board, or by any other person authorized by the said railway board to act in its behalf in respect of the matters to which such authorization may relate; and the said railway board shall not in any case be bound in respect of any of the matters aforesaid unless by some writing signed in manner ..... that the claim of excess payment of freight charge being a claim for overcharge and is governed by the provisions contained under section 106 of 1989 act, and that the circular dated 11.1.1995 issued by railway board in purported exercise of its powers under section 3 of 1905 act which empowered the general manager to take into consideration the time barred claim for refund of overcharge as per the circular in existence then and subsequent ..... in case a customer has failed to give a valid notice to railway administration, as per the provisions of section 106 of the railways act 1989, he can not claim a relief from the general manager and also will not get any relief from railway claims tribunal/any other court, as compliance of section 106 is mandatory in nature ..... it is contended that since the claim for refund of overcharge falls within the meaning of section 106 of 1989 act which provides for notice of claim for refund of overcharge, the petitioner has an alternative remedy of approaching the railway .....

Smt. Usha Devi and ors. Vs. Bhu-arjan Adhikari, Indore and ors.

Court : Madhya Pradesh

Reported in : AIR1990MP375

..... the acquisition is actually spent on the charitable objects of the trust and if the entire compensation amount is not invested in the exempted securities specified under the income-tax act such as 'capital gains units' of the 'unit trust of india', the compensation amount will attract income tax liability at a flat rate of 52.5 per cent. ..... award pertaining to computation of the compensation it has been stated that since the petitioners have already applied for a reference under section 18 of the land aquisition act and an order has been passed for making such a reference, the reference court will be the competent court to decide the aforesaid issues. ..... whereas the collector is under an obligation to make a reference if an application is under section 18, he has a discretion in an application under section 30 of the land acquisition act and is not enjoined to make a reference, he may in his discretion relegate the person raising the dispute to agitate the same in a suit and pay the compensation in the ..... in the light of the aforesaid authorities the first point which has to be considered and decided is whether the collector has acted illegally in making a reference to the district court without there being a dispute pertaining to the entitlement of compensation or apportionment ..... aforesaid case it was argued before the supreme court that under section 31 of the land acquisition act the collector is bound to tender payment of compensation awarded by him to the persons entitled thereto .....

Dr. Pratap Singh Hardia Vs. Sanjay Chawrekar

Court : Madhya Pradesh

Reported in : AIR2009MP73

..... applications arising out of that agreement and the arbitral proceedings shall be made in that court and in no other court.thus, as per the provisions of section 42 of the arbitration act, if any application is filed under the arbitration act in a particular court, then that court alone has jurisdiction to deal with the subsequent application and no other court has jurisdiction to decide the same.6. ..... the discharge of those functions they shall exercise the same power as a district judge' used in sub-section (2) of section 8 of the bengal, agra and assam civil courts act, 1887 is not potent enough to confer in the court of an additional district judge the status of the principal civil court of original jurisdiction in a district.12. ..... civil court, or to any court of small causes.learned counsel for the petitioner thus contends that as per the definition of the 'court' as per definition under section 2(1)(e) of the arbitration act, the 'court' means the principal civil court of original jurisdiction in the district and therefore, the additional district judge has no jurisdiction.5. ..... in para 7 of its judgment has considered the language of bengal, agra and assam civil courts act, 1887 and held that the expression 'in the discharge of those functions they shall exercise the same power as a district judge' used in sub-section (2) of section 8 of the bengal, agra and assam civil courts act, 1887 is not potent enough to confer in the court of an additional district judge the status .....

In Reference Vs. Vinod

Court : Madhya Pradesh

..... bill in the legislature are ordinarily (4) cr.ref.no.1/2012 not admissible as an aid to the construction of the statute as enacted; far less can it control the meaning of the actual words used in the act, but it can sometimes be referred to for the limited purpose of ascertaining the circumstances which actuated the sponsor of the bill to introduce it and the purpose for doing so. ..... the commission may take any of the following steps upon the completion of an inquiry held under this act, namely:- (i) where the inquiry discloses, the commission of violation of child rights of a serious nature or contravention of provisions of any law for the time being in force, it may recommend to the concerned government or ..... provided under the code of criminal procedure (14) cr.ref.no.1/2012 has not been excluded by the act, all other cases affecting a child shall proceed in accordance with the procedure provided in the ..... shri s.c.datt, learned senior advocate, submitted that the main purpose of the act is the constitution of commission for protection of child rights and constitution of children's court for providing speedy trial of the offences against children or of violation of child rights and for ..... there is no provision, like section 18 of juvenile justice (care and protection of children) act, 2000 where there cannot be a joint proceeding of a juvenile and a person who is not a juvenile, therefore, in our opinion, it cannot be held that there cannot be a joint trial of a case in which child .....

Sardar Harbans Singh Vs. Shailesh Chand Gupta

Court : Madhya Pradesh

Reported in : 2001(1)MPHT501

..... having held that the respondent is not entitled to claim eviction under section 12 (1) (c) of the act merely because the appellant had chal-lenged the partition-deed dated 5-10-1984, whereby the respondent claimed that he had become the landlord, this court further ..... the court holds that the sweep of the language of section 12 (1) (c) of the act covers the latter too then it would deny to the tenant the right of raising an important ..... use by a tenant of a portion of the accommodation as his office shall not be deemed to be an act inconsistent with the purpose for which he was admitted to the ..... for the purpose of decision of this case, section 12 (1) (c) of the act is referred hereunder :--'section 12 (1) (c) : that the tenant or any person residing with him has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the accommodation, or which is likely to affect adversely and substantially the interest of the landlord therein : provided that the ..... ' by denying the title of a landlord, a tenant is supposed to have done any act which is inconsistent with the purpose for he was admitted to the tenancy of the accommodation or which is likely to affect .....

Annapurna Malleables Private Limited and anr. Vs. State Bank of India ...

Court : Madhya Pradesh

Reported in : 2005(3)MPHT151; 2005(3)MPLJ390

..... 1 suffered heavy cash losses and filed a petition under the sick industrial companies (special provisions) act, 1985 before the board for industrial and financial reconstruction (hereinafter referred to as 'bifr' for short) and on 9-10-1990 it was declared as sick. ..... 1 under section 19 of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as 'act of 1993' for short) before the debts recovery tribunal, jabalpur (hereinafter referred to as 'drt, jabalpur'). ..... (iv) that the reserve bank of india under section 35a of the banking regulation act, 1949 issued guidelines for recovery of dues relating to non performing assets (npa) of public sector banks. ..... 1 has not obtained any prior permission of bifr/aaifr under section 22 of sick industrial companies (special provisions) act, 1985 and the proceedings before the drt, jabalpur are liable to be quashed.3. ..... 1 has filed an application under the provisions of 'act of 1993' which is under challenge in this petition and the drt is situated at jabalpur. ..... 1 bank under the securitisation act, but the respondent no. ..... 1 was incorporated as a private limited company under the companies act, 1956 on 8-2-1982. ..... interim orders dated 11-12-2001 and 4-10-2002 passed by the high court of judicature at bilaspur, but also to render both the petitions infructuous and otiose in the month of december, 2004, filed a petition under section 19 of the 'act of 1993'. .....

ispat Khadan Janta Mazdoor Union. Vs. the Director, Steel Authority of ...

Court : Madhya Pradesh Jabalpur

..... was situated, would be the appropriate government;(b) after the said date in view of the new definition of that expression, the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the concerned central government company/undertaking or any undertaking is included therein eo nomine, or (ii) any industry is carried on (a) by or under the authority of the central government,or (b) by railway company; or (c) by specified controlled ..... 28-1-1986, the determination of the question whether the central government or the stategovernment, is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression "appropriate government" as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry; or the establishment of any railway, cantonment board ..... in respect of which no notification under section 10 (1) has been issued, if a contractor intends to retrench his contract labour he can do so only in conformity with the provisions of the i.d.act.the apex court has further laid down that by enacting clra act, the parliament intended to create bar on engaging contract labour in the establishment covered by the prohibition notification, by a principal employer so as to leave no option with him except to employ the .....

Shobha Soya Oil Products Vs. Commissioner of Income Tax and anr.

Court : Madhya Pradesh

Reported in : (2001)164CTR(MP)222

..... , appearing on behalf of the respondents submits that the stage has not come to go into the intrinsic merits of the case of the party as notice under section 263 of the income tax act has been issued on prima facie satisfaction of the commissioner that the order of the assessing officer is both erroneous and prejudicial to the interest of revenue. ..... as held earlier, foundational facts necessary for issuance of notice under section 263 of the income tax act exist and in that view of the matter, i do not find it an exceptional case for interference at ..... nema submits that foundational facts for exercise of jurisdiction under section 263 of the income tax act is that the commissioner records a finding that the order of the assessing officer is both erroneous and prejudicial to the interest ..... foundation for exercise of the power under section 263 of the income tax act is the prima facie satisfaction of the commissioner that the order of the assessing officer is erroneous and prejudicial to the interest ..... a prima facie finding that the order of the assessing officer is erroneous and prejudicial to the interest of revenue , commissioner issued notice dated 10-5-2000, under section 263 of the income tax act, calling upon the petitioner to file clarification supported with the details. ..... to address on the merits of the case to demonstrate that the finding arrived at by the commissioner while calling upon the petitioner to file its reply under section 263 of the income tax act is unsustainable. .....

Bhagwandas Shobhalal JaIn Vs. Commissioner of Income Tax and anr.

Court : Madhya Pradesh

Reported in : (2001)164CTR(MP)224

..... prasad, j .on a prima facie finding that the order of the assessing officer is erroneous and prejudicial to the interest of revenue, commissioner issued notice, dated 10-5-2000, under section 263 of the income tax act, calling upon the petitioner to file clarification supported with the details: lt is this order of the commissioner which has been challenged by the petitioner in this writ petition, filed under articles 226 and 227 of the ..... shrivastava, however, appearing on behalf of the respondents submits that the stage has not come to go into the intrinsic merits of the case of the party as notice under section 263 of the income tax act has been issued on prima facie satisfaction of the commissioner that the order of the assessing officer is both erroneous and prejudicial to the interest of revenue . ..... as held earlier, foundational facts necessary for issuance of notice under section 263 of the income tax act exist and in that view of the matter, i do not find it an exceptional case for interference at this stage ..... nema submits that foundational facts for exercise of jurisdiction under section 263 of the income tax act is that the commissioner records a finding that the order of the assessing officer is both erroneous and prejudicial to the interest of revenue ..... foundation for exercise of the power under section 263 of the income tax act is the prima facie satisfaction of the commissioner that the order of the assessing officer is erroneous and prejudicial to the interest of .....

Dr. Brijesh Lahoti Vs. Cit and ors.

Court : Madhya Pradesh

Reported in : (2006)200CTR(MP)499

..... officer that any part of income referred to in sub-section (1) relates to an assessment year for which the previous year has not ended or the date of filing the return of income under section 139(1) of the act for the previous year has not expired and such income or the transactions relating to such income are recorded on or before the date of the search or requisition of the books of account or other documents maintained in the ..... thus, if the assessee does not disclose any income in return filed before the due date of filing such return under section 139(1) of the act, notwithstanding the fact that his income is reflected in books of account at the time of search, his income is to be assessed as undisclosed income.9. ..... held that in search cases where the time for filing the return under section 139(1) of the act has not expired, income disclosed in the books of account is not treated as undisclosed income, but once search takes place, the assessee is denied an opportunity to file a return after the period specified in section 139(1) of the act and if he files such a return after expiry of period specified under section 139(1), income has to be regarded as ..... that a person, if his total income or the total income of any person in respect of which he is assessable under this act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the .....