Court : Madhya Pradesh
Reported in : AIR1958MP286
..... us to the notification. no-doubt, the empowering by the notification was of civil judges, class i, and not of civil judges, class ii, and by the amendment act of 1956, the distinction between the two has been abolished. civil judges, class ii, now exercise identical jurisdiction, which civil judges, class i, exercised before. the ..... the state government by which all judges of the courts of civil judge, class i, were empowered to hear such election petitions. by the madhya pradesh courts (amendment) act, 1956, the distinction between civil judges, class i, and civil judges, class ii, has been abolished. the point raised by the learned single judge is whether ..... barred by limitation if it is hereafter presented before a duly constituted authority? 2. under section 20-a (2) of the central provinces and berar municipalities act, 1922, an election petition is to be presented to the district judge or additional district judge or to a civil judge especially empowered by the provincial government .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP330; [1961]43ITR184(MP)
..... as a resident, was taxable in respect of all his income of the previous year.section 60-a of the act, which was inserted in the indian income-tax act by the taxation laws (extension to merged states and amendment) act, 1949, authorised the central government to make an exemption, reduction or modification as regards liability to tax in favour ..... -general seemed to place some reliance on the decisions in air 1930 pc 209 and air 1937 pat 1 to support the contention that the amendments in the income-tax act and the finance act, 1950, repealed the provision granting exemption from taxation to the applicant. these cases are not of any assistance to the opponents. in air ..... provisions granting specific exemption. the state of madhya bharat became a taxable territory from 1-4-1950. but there is nothing in any of the amendments made in the indian income-tax act imposing income-tax in that state and making it a taxable territory which repealed the exemption granted to the applicant.in air 1958 sc 816 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2005(105)FLR861]; (2005)IIILLJ212MP; 2004(4)MPHT343; 2004(4)MPLJ555
..... of the principle in challappan (supra), which was specifically over ruled by the supreme court in tulsiram patel (supra). it only exposits rule 19 as it stands after amendment subsequent to the decision in tulsiram patel (supra). the court neither re-considered the principles laid down in tulsiram patel (supra), nor expressed any view contrary to tulsiram ..... held that the concerned authority had not considered the facts and circumstances of the case which led to the conviction of dr. sheetal kumar bandi and had instead acted with a pre-determined mind while imposing the penalty of dismissal. the division bench, therefore, held :-'a bare reading of rule 19 of the state rules i ..... was submitted before the special court, bhopal on 9-4-2002 charging him with offences punishable under sections 7 and 13(1)(d) of the prevention of corruption act, 1988. subsequently, he was convicted and sentenced by judgment dated 12-12-2003 in special case no. 4 of 2002 to undergo rigorous imprisonment for a period .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(4)MPHT205
..... the petitioner has prayed for a declaration that the provisions contained in section 59-a (i) of the m.p. excise act, 1915 (in short 'the act') brought into existence by m.p. excise (amendment) act, 2000 (act no. 22/2000) to the extent it prohibits any court for entertaining the application for grant of anticipatory bail is unconstitutional. ..... matter of m.cr.c. no. 7598/2000 which came before the learned single judge but on the ground that after enforcement of the m.p. excise (amendment) act, 2000 whereby section 59-a (i) has been introduced and on the teeth of the said provision the application for anticipatory bail could not be granted.4 ..... state legislature perceiving certain practical difficulties that have been experienced and discrepancies noticed in implementation of the m.p. excise act, 1915 amended a part of section 10, substituted sections 34 and 46, and introduced certain amendments to section 47. quite apart from the above the legislature inserted new sections like 47-a, 47-b, 47 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1995MP69
..... elections to municipalities shall be vested in the state election commission referred to in article 243k, which was introduced in the constitution by the constitution (seventythird amendment) act, 1992 which received the assent of the president on 20-4-1993 and was brought into force on 24-4-93. article 243k reads as ..... , only intermittently handing over the coporation under compulsion of court orders to the people's representatives, has now been made impossible to follow by the amendment of the constitution itself. any elected body which ishereafter installed, shall not suffer dissolution or forestalling of elections as the constitution itself makes adequate provisions ..... . and the state legislature will have to undergo the exercise of bringing the present statute governing the municipalities and municipal corporations in tune with the amendments to the constitution. any elections held before going through the necessary exercise will run in rough weather and are bound to be bogged down by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1978MP46; 1978MPLJ156
..... provided in section 19. the council consists of elected and selected councillors, section 36, which relates to the term of council and councillors, read as follows before its amendment by act 39 of 1973.'36. term of council and office of councillors. (1) every council shall continue for four years from the date appointed under sub-section (2) ..... till the first meeting of the new council or till the expiry of 6 months from the date of expiration of its term whichever was earlier. after the amendment, this statutory extension of the life of the council for a period of six months from the date of expiry of the term is not available. if ..... , does not expressly provide for dissolution of the council, although that must follow from the withrawal of the whole area of a municipality from the operation of the act. sections 36 and 328, on the other band, expressly provide for dissolution. all consequences inevitably flowing from dissolution including the vacation of office by president and vice .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP78; 1968MPLJ766
..... in nomenclature of revenue officers was achieved by para 4-a of the madhya pradesh adaptation of laws order, 1956, (as amended in 1957) made under section 120 of the states reorganisation act, 1956 which reads as under:'whenever an expression mentioned in column (1) of the table hereunder printed occurs in any law ..... set opposite to it in column (2) of the said table, and there shall also be made in any sentence in which the expression occurs such consequential amendments as the rules of grammar may require.'table(1)(2) 'deputy commissioner. .. collector.additional deputy commissioner,. additional collector.assistant commissioner .. assistant collector.extra-assistant commissioner ..... writ petition should fail as the petitioners had an alternative remedy of revision which they failed to exercise. it is true that under the madhya pradesh amendment of section 18, any order passed by a collector under that section is revisable by the high court. but the provision of an alternative remedy does .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP140; 1963MPLJ498
..... of employment for reward and acceptance or receipt of any gratification or agreement to receive any gratification was also a corrupt practice under section 123(1) of the act as amended in 1958; that a mere offer of help to secure employment or a promise to secure some post or situation amounted to a corrupt practice; that the ..... the court may properly exercise its discretion declining to interfere under article 226. it should be remembered that under the election law as it stood prior to the amendment in 1956, election petitions were dismissed on preliminary grounds and the correctness of the decision was challenged in applications under article 226 and in further appeals to this ..... bhikaji keshao joshi v. brijlal nandlal, 1955-2 scr 428 : ( (s) air 1955 sc 610). it is to remedy this defect that the legislature has now amended the law by providing a right of appeal against a decision of the tribunal to the high court under section 116a, and its intention is obviously that proceedings before .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(4)MPHT23; 2004(3)MPLJ179
..... member secretary of the selection committee. rules were filed by the respondents before the single bench where column no. 6 of schedule ii was substituted by amendment on 15-10-1998. from the aforesaid rules the selection committee was required to be presided over by the chairman standing committee of the municipal council but ..... committee can not be an exception to this principle. it must take a decision reasonably without being guided by extraneous or irrelevant consideration. if selection committee acts contrary to settled norms then certainly this court will interfere with the selection. if it is shown that the selection was arbitrary or whimsical or it is ..... hold that the appeal before the collector of the district was maintainable. under rule 12 of the rules, 1998 coupled with sections 94 and 95 of the act and rules framed thereunder, i.e., recruitment rules, 1968, appeal before the collector was maintainable. contention of the counsel for the respondent is that appeal against .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ728
..... authority to levy excise duty on excisable articles which have not been imported, exported, transported or manufactured in any distillery established or licensed under the act. the two sets of rules were amended in 1970 altering condition-2-c as one requiring payment of 'pratikar at the rate fixed by the government for.......spirit.......to the extent to ..... similar notification dated 31-3-1978 amending condition 2-c in form-cs-3 of' the country spirit rules (for short 'the c.s. ..... some of these writ petitions challenge notification dated 17-1-1990 amending condition 2-c in form fl-1 in the foreign liquor rules (for short the fl rules) framed by the state government under the provisions of the m. p. excise act, 1915 (hereinafter called 'the act of 1915'). what is challenged in other writ petitions is a .....
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