Court : Madhya Pradesh
Reported in : AIR1986MP122; 1985MPLJ786
..... is also in implementation of the directive principle contained in article 46 of the constitution, which enjoins the state to protect the scheduled castes and scheduled tribes from all social injustice and from all forms of exploitation. no doubt, article 31b of the constitution is not available to prevent the challenge since the impugned provisions were enacted after ..... ) issued by the governor of madhya pradesh in exercise of the powers conferred by sub-para (1) of para 5 of the fifth schedule to the constitution of india. this order shall also dispose of the entire batch of petitions in which the validity of these provisions has been challenged on account of which all these ..... transferor had been defrauded of his legitimate right. unless such a conclusion is reached, no question arises of declaring the transaction null and void and passing an order revesting the agricultural land in the tribal transferor or his legal heirs. 13. sub-section (2) of section 170-b merely lays down a rule of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP74; 1977MPLJ74
..... contended for the petitioner that since chit fund schemes have not been directly and explicitly covered under any of the entries in the three lists in the 7th schedule to the constitution, the residuary entry 97 of the union list is attracted, so that the legislative power lies in the union legislature exclusively. reliance is placed on second g ..... at the end of the auction bid, offered to take a chit at the maximum of the discount allowed, the bid or offer shall be decided by the casting of lots among them and the winner in the lots shall be declared as a prized subscriber (per rule 6 of the garud chit rules and regulations). this ..... thus:--' 'banking' means accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise.'11. in 3 halsbury (4th edition) page 31, para 38, it is stated thus:--'a 'banker' is an individual, partnership or corporation, whose sole or predominating .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ439
..... interpretation that the court should as far as possible avoid that construction which attributes irrationality to the legislature. besides, under entry 82 in list i of seventh schedule to the constitution, which deals with 'taxes on income other than agricultural income' and under which the i. t. act, 1961 has been enacted. parliament cannot choose ..... the trading community approached the state government. considering the representations the state government abolished requirement of the exchange of declarations as the procedure was cumbersome and in order to simplify the same section 7 was amended by act no. 22 of 1977, with retrospective effect from 1-5-1977.from 1-5-1977 under ..... are local goods in the local area of their manufacture. non-compliance with the provisions of section 7(1) calls for a severe penalty. section 7(1) casts a burden on the registered dealer, selling goods to comply with the provisions.9. the main submissions of the learned counsel for the petitioners are as under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ2113; 2002(1)MPLJ596
..... in extremely filthy language and threatened him with dire consequences. the petitioner felt humiliated because he is a member of the scheduled caste. the petitioner went to the police station, scheduled castes and scheduled tribes welfare, hoshangabad to lodge a report of the incident but the personnel present declined to register the fir on the ..... social activities can never furnish an adequate reason for invading the personal liberty or a citizen, except in accordance with the procedure established by the constitution and the laws. the history of personal liberty is largely the history of insistence on observance of procedure. observance of procedure has been the bastion ..... the ground that the case was one which such officer was not empowered under this section to investigate.(3) any magistrate empowered under section 190 may order such an investigation as abovementioned.157. procedure for investigation- (1) if, from information received or otherwise, an officer in charge of a police station .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP181; 1988MPLJ266
..... beyond the constituent power and it cannot claim protection under article 31 a and b merely because the act is included in item no. 88 in the 9th schedule of the constitution. immediately after the judgment was delivered, hind cycles ltd. and sen-raleigh ltd. (nationalisation) ordinance, 1980, was promulgated on 25-10-1980 which was ..... and considering the question of nexus in a narrow approach ought not to be made because it is well settled that the courts should interpret a constitutional provision in order to suppress the mischief and advance the object of the act. the doctrine of nexus cannot be extended to such an extreme limit that the very ..... ordinance no. 16/80 was promulgated nationalishing the undertakings. the ordinance and subsequently the act have not overruled the decision of this court but it has made the order of this court irrelevant in view of nationalisation of the undertakings and the protection available under article 31c. the supreme court in smt. indira nehru gandhi v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP163
..... producer of sugar in respect of sugarcane which is the basic raw material for manufacture of sugar is controlled under the sugarcane (control) order, 1966. the government constituted various commissions for preparing cost schedules to enable it to fix the price of sugar under sub-section (3-c) of section 3 of the act. these commissions ..... 3), pay to the sugarcane grower an additional price, if found due in accordance with the provisions of the second schedule annexed to the order. the second schedule referred to in clause 5-a is as follows:second schedule (see clause 5-a) the amount to be paid on account of additional price (per quintal of sugar-cane ..... state of madhya pradesh for manufacture of sugar by vacuum pan process. by this petition under article 226 of the constitution, the petitioners challenge the validity of the sugar (price determination for 1977-78 production) order, 1977, in relation to the state of madhya pradesh. by an amendment, the petitioners also challenge the validity of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP182
..... gross annual letting value to the building. a definite meaning has been given to the words 'subject to any general or special order which the state government may make in this behalf.' the constitution has by 73rd amendment abrogated the power of the state government which might have existed prior to the amendment. the corporation act was ..... ;(c) the performance of functions and the implementation of scheme as may be entrusted to them including those in relation to the matters listed in the twelfth schedule:(d) the committees with such powers and authority as may be necessary to enable thereto carry out the responsibilities conferred upon them including those in relation to ..... 1992 sc) :'section 172(2) of the act authorises the mahapalikas to impose the taxes mentioned therein, 'for the purposes of this act'. the objections and functions cast upon the mahapalikas are laid down in various provisions of the act. the taxes under section 172(2) of the act. therefore, can be levied by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2002)IILLJ353MP; 2002(1)MPLJ385
..... vacant post, the conclusion that these employees acquired such a status does not call for any interference much less in exercise of power under article 227 of the constitution.12. the next contention of the learned government advocate is that clauses (i) and (vi) of sso 2 merely confer a status without any corresponding ..... to be given to the employees. under the standard standing rules framed under section 21 of the sso act, a schedule has been appended containing the standard standing orders for all the undertakings in the state of which order 2 deals with classification of employees and reads as under:'2. classification of employees: employees shall be classified as ( ..... by the department which cannot be interfered with in exercise of power under article 227 of the constitution but in the present case this contention need not detain us longer as even under the proviso to clause (vi) of order 2 also these employees had acquired the status of permanent employees.8. clause (vi) of sso .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPLJ351
..... of any vacancy as the case may be, the state government shall nominate such member.(2) one seat each shall be reserved for person belonging to scheduled castes, scheduled tribes and other backward classes:provided that if no candidate belonging to any of these categories is available then the seat reserved for that category shall ..... the parties, it is appropriate to scan the anatomy of the act. section 2(f) defines 'gram nyayalaya'. section 5 deals with constitution of nyayalaya. it reads as under:5. constitution of gram nyayalaya.- (1) every gram nyayalaya shall consist of seven members to be nominated by the janpad panchayat unanimously out of whom ..... to a straight-jacket formula. in certain circumstances the court can substitute the pre-decisional hearing by applying the doctrine of post- decisional hearing. the order of cancellation fundamentally does not destroy the marrows of the legal rights. the matter would have been different had the petitioner asserted that he was nominated .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP150; 1968MPLJ854
..... business of the executive government of madhya pradesh made under article 166(3) of the constitution, empowered shri r. s. shukla, special secretary to government in the home department, to dispose of the objections received to the schemes specified in the schedule to that order, as also to 'such other future schemes as may be notified by the madhya ..... it. there is a fallacy in this argument. the concept of a quasi-iudicial act implies that the act is not wholly judicial; it describes only a duty cast on the executive body or authority to conform to norms of judicial procedure in performing someacts in exercise of its executive power. the procedural rules made by the ..... to particular laws which may be in force at the time the allocation is made; it is made with reference to the three lists of the seventh schedule to the constitution, for the executive power of the centre and the state together extends to matters with respect to which parliament and the legislature of a state may make .....
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