Court : Madhya Pradesh
Reported in : AIR1988MP297; 1988MPLJ652
..... as required by sections 47 and 48, there are other things also which are to be borne in mind to fulfil the other requirements of section 47 to exclude unhealthy competition between operators and creation of monopoly in favour of any particular operator. this is clearly spelt out in clauses (c) and (e) of section 47. if an ..... 319 which throws much light on the ambit and scope of the newly inserted definition clause, sub-section (28-a) in section 2. it was observed that the amendment was meant to take care of the confusion that existed earlier making a distinction between the terms 'route' and 'highway' on account of the privy council decision in ..... was nothing but an application for a fresh permit which was not permissible under section 57(8) as that tantamounted to circumventing provisions of section 47(3) of the act. he also contended further that the applicant (herein first respondent) was already having 9 permits in that sector and granting his prayer would be encouraging monopoly. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP286; 1964MPLJ29
..... regional transport authority, jabalpur. had no jurisdiction to entertain the said respondent's application for the grant of permit for jabalpur--rewa route it could not be amended by the appellate authority so as to confer jurisdiction on the regional transport authority and thus on itself to entertain the application.4. in our judgment, this ..... in our opinion, the grant of permit by the appellate authority to laxminarayan for jabalpur--maihar route was utterly in contravention of section 48(1) of the act.5. shri tankha, learned counsel appearing for the respondent-laxminarayan, submitted that the decision of the regional transport authority, jabalpur, that it was not competent to ..... has clearly a right to object to the grant of a permit on that route to any person in contravention of the provisions of the motor vehicles act.7. for all these reasons, this petition isallowed and the decision dated the 28th september 1982 of the state transport appellateauthority granting a permit to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)7VST197(MP)
..... vidhyachal distilleries pvt. ltd. (in w.p. no. 2346/2006).3. it is further averred that on 16.6.2005 section 65(76)(b) of the finance act, 2005 was amended and 'packaging activity' was also brought within the ambit of service tax. on 9th september, 2005, the commissioner, customs and central excise, indore wrote letter (p-4 ..... act, 2005. it has to be seen in every case whether packaging activity of packaging of goods including pouch filling, bottling ..... from the client for utilising his service as apparent from the provision of the act and service rules of 1944. to enable the government to widen the nature of service tax, certain changes are made time to time by making amendment in the finance act. accordingly the packaging activity was inserted in section 65(76)(b) by finance .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(4)MPLJ115
..... has been allowed and wife of late bhagwandas has been substituted in this appeal. the appellant has also filed another application under order 6 rule 17, cpc seeking amendment that during the pendency of the second appeal, sole plaintiff has died on 18-1-2006. the need as set upto by the plaintiff and pleaded in ..... :(1) that the appellant shall file an undertaking within 60 days before the trial court that the appellant shall vacate the suit accommodation on or before 31-3-2007, peacefully without creating any hindrance or third party interest in the accommodation.(2) the appellant shall deposit entire arrears of rent (if any) and the cost incurred ..... ' can even otherwise have no application here in view of the express language used in the section.15. as the preamble shows the madhya pradesh accommodation control act, 1961 has been enacted for expeditious trial of eviction cases on the ground of bonafide requirement of landlords and generally to regulate and control eviction of tenants. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP56
..... in connection with such acquisition shall be, and shall be deemed always to have been, as valid as if the provisions of ss, 40 and 41 of the act, as amended by the amendment act, were in force at all material times. in effect there fore section 7 provides that even though acquisitions made before july 20, 1962, do not satisfy the ..... conditions of clause (a) and clause (b) of section 40 (1), they will be valid if they satisfy the conditions of clause (aa) as introduced by the amendment act, as if that clause was in existence when the acquisition was made before july 20, 1962.'.the advantage of making such a provision attracting section 143 (2) of the ..... 79(2) of the government of india, 1915. in air 1964 sc 1230 (supra), the supreme court construed a like clause occurring in section 7 of the land acquisition (amendment) act, 1962, in a similar sense. section 7, which has been just mentioned, reads:'notwithstanding any judgment, decree or order of any court, every acquisition of land for a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP136; 1974MPLJ133
..... , however, of opinion that the previous decisions of this court on the construction of section 57 (8) cannot be taken to be authoritative after the amendment of the act by act 56 of 1969. the amending act has introduced a proviso in clause (xxi) of section 48 (3) which shows that the view taken by this court that only a little change ..... (xxi), the permit could be varied by inclusion of a new route without any limitation under section 57 (8). clause (xxi) of section 48 (3) as amended by the amending act of 1969 must bear the same construction. in the instant case there is no condition attached to the permit in terms of clause (xxi). the matter thus being solely ..... of the original route can alone be taken to be a permissible variation is erroneous. section 48 (3) and its clause (xxi) as amended by the amending act of 1969 read as follows:-- '48 (3) the regional transport authority, if it decides to grant a stage carriage permit, may grant the permit for a service .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP163
..... in our opinion, the distinction so drawn is not really there. the madras high court has lost sight of the fact that the act was included in the ninth schedule at item 126 by the constitution (fortieth amendment) act, 1976 and the validity of any of its provisions is not open to challenge in view of article 31b of the constitution on ..... in the aforesaid cases before the supreme court; but in view of the constitution (fortieth amendment) act, 1976, that distinction ceases to be of any substance. moreover, in panipat co-operative sugar mills' case the supreme ..... the ground that it violates any of the fundamental rights in para iii. it is true that the validity of sub-section (3-c) of section 3 of the act was not challenged .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP264
..... appearance shall, if the court so directs, be made by the party in person.'rule 2(a) of that order, as amended in this state, is as follows--'2. the recognised agents of parties by whom such appearances, applications and acts may be made or dons are(a) persons holding on behalf of such parties either (1) a general power of attorney ..... this state, does not authorize a person to mahe a business of appearing as a pleader or a mukhtyar for parties in cases by obtaining powers of attorney from the parties and thus evade the provisions of section 10 of the act under which no person is entitled to practise as ..... not so acting.4. in the return filed by the district judge, indors, in misc. petition 329 of 1963 opposing these petitions, the facts and circumstances in which he made the impugned orders against the petitioners are not disputed. the impugned orders are, however, sought to be justified on the grounds that order 3, rule 2, c, p. c., as amended in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP287; 1962MPLJ653; [1962]13STC853(MP)
..... represents the state. it will appear from the dates given above that in this case. the 'lis' in the sense explained above arose before the date of amendment of the section. further, even it the 'lis' is to be taken as arising only on the date of assessment there was a possibility of such a ..... sales tax, jabalpur, whereby he declined to entertain second appeals against orders of assess-taewt of sales tax on the ground that, under the madhya pradesh general sales tax act, 1959 (2 of 1959), the board of revenue, madhya pradesh, had jurisdiction to entertain, such appeals.2. for brevity, the details of the various assessment orders, ..... 6. it is, however, urged that section 52 of the act has expressly abrogated the remedy available under the repealed act. the section is in these terms:''(1). the central provinces and berar sales tax act, 1947, the madhya bharat saks tax act, samvat 2007, the central provinces and berar sales tax act, 1947, as extended to vindhya pradesh and bhopal regions and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP339
..... 15. for all these reasons, our conclusion is that challenge to the validity of sections 2 and 4 of the madhya pradesh motor vehicles (taxation of passengers) amendment and validation act, 1962, fails. all these petitions are, therefore, dismissed with costs. counsel's fee in misc. petition no. 292 of 1962 filed by nine limited ..... business of plying stage carriages challenging the vires of sections 2 and 4 of the madhya pradesh motor vehicles (taxation of passengers) amendment and validation act, 1962 (hereinafter referred to as the validating act). the petitioners seek a declaration that the said provisions are constitutionally invalid, ultra vires and unenforceable, and pray that a suitable direction ..... enforce any decree or order directing the refund of any tax so paid. * * * * *7. it will be seen that the amendment effected in section 3(1) of the principal act does not alter the structure of that provision. it only raises the rate of passenger tax from ten per cent to fifteen per cent of .....
Tag this Judgment!