Court : Madhya Pradesh
Reported in : AIR1975MP163
..... connotation could not be imported into the legislative list, particularly item no. 1 of list ii of the seventh schedule. according to the learned judges, the orissa act essentially dealt with the subject-matter of 'religion' and its provisions did not relate to 'public order'. ultimately, the learned judges concluded as follows: '(1) ..... to all other individuals. it was strenuously contended by the learned counsel for the petitioner that the provisions of sections 3, 4 and 5 of the act constitute encroachment on the petitioner's freedom of religion. in this connection we may observe that the freedom of religion has been guaranteed subject to four ..... ex-communication. 'fraud' has been defined by subsection (d) as follows : 'fraud' shall include misrepresentation or any other fraudulent contrivance.' section 3 of the act prohibits forcible conversion by use of force or allurement or by any fraudulent means. section 4 provides for punishment for contravention of the provisions of section 3 with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1976CriLJ437
..... in those pending proceedings. in view of this clear provision contained in this section, it can unerringly be said that even section 6 of the general clauses act, 1897 does not support the contention of the learned counsel for the applicant.13. thus, the present revision being against an interlocutory order is not maintainable and ..... only when there is no contrary intendment in the repealing act, this section would step in otherwise not. it is, therefore, to be seen whether there is anything in the new code indicating an intention so as to ..... any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed.'the key expression to attract the applicability of this section is 'unless a different intention appears, the repeal shall not.' it is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1977(1)ELT92(MP); 1977MPLJ394
..... amalgamated coalfields v. janapada sabha, : air1964sc1013 , a case on which the learned counsel for the petitioner placed reliance, it was held that the assessment of coal cess which became final under the rules became binding on the parties and could not be reopened because in the rules there was no provision for re-assessment ..... (see orient paper mills v. union of india : 1973ecr1(sc) ). the method of valuation of excisable goods is laid down in section 4 of the act. the board cannot prescribe different methods of valuation by issuing supplementary instructions. the excise authorities in assessing excise duty perform a quasi-judicial function and have to ..... the assistant collector before the said 13 orders were passed by the collector.2. the petitioner is an existing company within the meaning of the companies act, 1956. the petitioner carries on business of manufacturing and dealing in cables and conductors required for transmission of electricity. the petitioner has its cable factory .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1985MP115; 1985MPLJ444
..... appreciate the rival contentions of the parties, it would be useful to quote the preamble as also the relevant provisions of the act. the preamble of the act is as follows : --'an act to better economic condition of holders of agricultural land in the weaker sections of the people by providing further relief from agricultural indebtedness ..... of money' as under : --'(d) 'lender of money' means a person advancing loan to a holder of agricultural land, whether registered under the madhya pradesh money lenders act, 1934 (no. 13 of 1934) or not;'section 2(f) defines 'prohibited transaction of loan' as stated below :'(f) 'prohibited transaction of loan' means a transaction ..... these facilities and provisions are meant mainly for economically and socially backward people. therefore, in our opinion, the words used in section 2(c) of the act which defines 'holder of agricultural land', is restricted to only those persons in the weaker section of the people' and not every holder of agricultural land who .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990CriLJ1541
..... ') captioned 'maintenance of public order and tranquillity', are to be read sections 145 and 148, clubbed under sub-heading 'disputes as to immoveable property.' an executive magistrate is empowered to act under section 145, cr.p.c. when 'a dispute likely to cause breach of the peace concerning a land or water or boundaries. thereof within his local jurisdiction' arises. by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ1007
ORDERFakhruddin, J.1. This matter has come up before us on reference made by Hon'ble the Chief Justice in view of the contrary opinions referred in two Single Bench decisions rendered in Shridhar Shastri v. Prakashwati, Cri. Misc. Case No. 2194/1980, decided on 16-8-1990, reported in 1990 (II) MPWN 185 by Hon'ble Shri Gulab Gupta, J. as he then was, and the other decision of Hon. Shri D. M. Dharmadhikari, J. passed in Cri. Rev. No. 608/1991 decided on 17-3-1992 reported in 1993 (I) MPWN 186, Vijay Rao v. State of M.P. and the following question has been referred :-'Whether it is obligatory to move the Court of Session first before asking the High Court for exercise of the revisional jurisdiction under Section 397(1) of the Criminal Procedure Code?'Section 397 of the Code of Criminal Procedure, 1973 gives an option to an aggrieved party to approach High Court or the Sessions Judge. The question involved is of general importance and of day to day recurrence.2. Brief facts of the case are...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP168; 1999(1)MPLJ299
..... , shri sapre submits that when the legislature has not stated the energy charge payable to the board under section 12(c) of the act from the rigor of the limitation act as was done under section 20(3) of the coal mines (nationalisation) act, deductions under the aforesaid head beyond the period of limitation cannot be made. in khadi gram udyog trust v. shri ram chandra ..... /s. newton chickli collieries ltd., dhanbad) decided on 2-1 -1984 held that the commissioner of payment appointed under the coal mines nationalisation act, 1973 is a tribunal and not a court. all these aforesaid decisions also take a view that the limitation act applies to courts and not to tribunals and consequently in the aforesaid two decisions it has been specifically held that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... should be such materials which are definite, precise, based on solid, factual foundation and not merely hearsay, gossip, surmises and conjectures. the legislature acts by keeping in consideration the principles of law judicially propounded. the abuse of power is inevitable, if uncontrolled power is conferred. if the government ..... can be only exercised after recording satisfaction for search and seizure under section 132(1) would render, nugatory the substitution of and incorporation by the amendment act, the four categories of officers under section 131(1a), namely, director general, director, deputy director and assistant director (investigation) apart from the authorised ..... matter involved in the petition, as both the petitioners permanently reside at delhi where the following order for investigation/enquiry under section 131(1a) of the act was passed by the assistant director of income-tax (investigation), unit-i, new delhi [for brevity hereinafter referred to as 'the adit (inv.), .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)159CTR(MP)53
..... the allegations about the investment of unaccounted money were considered by the inspecting assistant commissioner on a reference from income tax officer under section 144a of the act which were found false and finding was recorded that there was no truth in the allegations against the assessee that he has acquired huge assets out of the ..... action as the order of adit (inv.) delhi only equipped the valuation officer though illegal, with the authority for exercising power under section 131(1)(d) of the act, which, he, otherwise under the facts and circumstances of the present case, not possessed of. it cannot, in any manner, be the factor for the ouster ..... adjudicate the matter involved in the petition, as both the petitioners permanently reside at delhi where the following order for investigation/enquiry under section 131(1-a) of the act was passed by the asstt. director income-tax (inv.) unit-i, new delhi (for brevity hereinafter referred to as 'the adit (inv.) delhi') requiring the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... concluding we may make it clear that so far as ground in common urged to challenge the provisions of reservations under the municipal corporation act, the municipalities act and of panchayat act are concerned, including in relation to the alleged flat rate of reservation at 25% for other backward classes, we have expressed our ..... for members and chairpersons in scheduled areas is based on the interpretation of the provisions of section 4 (g) first and second proviso of the central act. the section needs reproduction in full for appreciating the arguments advanced on behalf of the petitioner :'4. exceptions and modifications to part ix of the ..... it is this realisation which restrained the 73rd amendment of the constitution from being applied in toto in the scheduled areas and in making special provisions in act, 40 of 1996. in view of the problems among tribal people like growing indebtedness, land alienation, deforestation, ecological degradation, displacement on account of industrialisation .....
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