Court : Madhya Pradesh
Reported in : AIR1993MP29
..... or adopted to be used for the carriage of passangers for hire or reward and includes taxi-cab, a motor-cab, contract carriage and stage carriage'. chapter v of the act, captioned 'control of transport vehicles' prohibits vide section 66 the owner of a motor vehicle from using or permitting the use of the vehicle 'as a ..... also supported by the provision of appeal in section 20 vesting in the appellate authority the power and jurisdiction to appraise facts to test the legality of the seizure. chapter 6 of maxwell on interpretation of statutes deals with the topic 'construction to prevent evasion or abuse' and at p. 146 (12th edn.) is quoted lord macnaghten ..... with the question of vires. we are required to merely determine due exercise of the jurisdiction as contemplated under the act in these matters. in lilawati, air 1957 sc 521, in a case under bombay land acquisition act, the court held that high court's 'special jurisdiction' under article 226 of the constitution empowers it to determine .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993CriLJ2821
..... without reasonable delay'. the provisions of section 173 cr. p. c. will also help in deciding the point in controversy. section 173(1) reads: every investigation under this chapter shall be completed without unnecessary delay. sub-section (2) says that as soon as it is completed. the officer-in-charge of the police station shall forward to a ..... and carries much force, has been interpreted by supreme court as being done without avoidable and explicable delay. if the delay is explained then that is all air 1957 sc 28 : (1957 cri lj 10). term 'without delay' naturally carries leaser speed than the term 'forthwith' and so has to, be understood accordingly. duty is cast upon the ..... behalf, the magistrate should see to it that it is done.' 'the provisions contained in section 173(4) and section 207a(3) have been introduced by the amending act of 1955, in order to simplify the procedure in respect of inquiries leading up to a sessions trial, and at the same time, to safeguard the interests of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ997
..... is not necessary to burden this order by extracting the various provisions of section 110 to section 111 of chapter viii of the old act and the corresponding provisions from sections 165 to 176 of chapter xii of the new act, for decision of the question about the maintainability of revision. from a bare reading of the language of ..... of substantive law, for the death or personal injuries. the substantive law, i.e., the law of torts remains. prior to incorporation from 16.2.1957 of sections 110 to 110-f of the act by act no. 100 of 1956, by section 80 thereof, a victim of the motor accident could claim compensation for the tortious ..... which is required to follow the procedure prescribed under code of civil procedure in that regard. it is obviously an essential attribute of the claims tribunal that it acts judicially and exercises civil jurisdiction in deciding claims relating to civil wrongs and civil liability, of tortfeasors and liability also of insurers, arising out of statutory and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ141
..... of certain persons by special court. section 8 deals with presumptions as to offences. chapter iii of the act deals with externment of a person. chapter likely to commit offences under the act. sections 11 to 13 of the act are ancillary provisions.9. section 14 of the act reads thus :'14. special court - for the purpose of providing for speedy trial, ..... considering the amplitude and significance of the expression 'trial' or 'try'.17. the supreme court, in the state of bihar v. ram naresh pandey and anr., air 1957 sc 389, had occasion to consider the meaning and significance of these words in the context of power of withdrawal of a case at committal stage under the provisions ..... proceed with trial under the code without being inhibited of section 193 of the code. the court also relied on the observations in state of bihar v. ramnaresh, air 1957 sc 389 where in the context of section 494 of the old code corresponding to section 321 of the code it was held that expressions, 'try' or 'tried .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ33
..... provision for registration. therefore, the question of registration being mandatory or not did not arise for consideration. their lordships of the division bench in passing adverted to the provisions of copyright act, 1957 and indicated that registration is mandatory and legal proceedings cannot be initiated in absence of registration. the observations were unnecessary for the disposal of the case under consideration and are ..... replacing the indian copyright act, 1914 and the copyright act of 1911 passed by the parliament of united kingdom as modified in its application in india in copyright act, 1914. as the law stood before the act, there was no statutory provision for registration of copyright and therefore, the question of non-registration affecting legal remedy did not arise.6. chapter iii of the act deals with copyright. section 14 explains .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ629
..... made in this behalf in consultation with the comptroller and auditor general of india which are to be placed by the state government before the state legislature. chapter vi deals with miscellaneous. section 75 casts a duty on the board that after the end of each financial year to submit to the state government in ..... government was carrying on the activity of supply of electricity. the board was constituted after the dissolution of the old m. p. electricity board on 1-4-1957. the board took over all the assets and liabilities of the integrating units of the madhya pradesh, vindhya pradesh, bhopal and madhya bharat etc. which merged after ..... petitioner madhya pradesh electricity board (for short the 'board') is a statutory body corporate constituted and established under section 5 of the electricity (supply) act, 1948 (for short the 'act of 1948'). the respondent no. 2 is an engineering company who carries on civil construction work. an agreement of construction of 45 meter high masonry-cum .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)IILLJ1181MP; 1996(0)MPLJ835
..... learned counsel cited the decisions in (i) elpro international ltd. v. k.b. joshi and ors. (1987-ii-llj-210)(bom); (ii) kanai lal sur v. paramnidhi sadhukhan air 1957 sc907; (iii) senior superintendent, r.m.s cochin and anr. v. k.v. gopinath (1972-i-llj-486)(sc); (iv) harbans singh v. smt. margrat g. bhindardiva ..... the high court or supreme court, as the case may be. this interpretation subserves the object and intention of the legislature substituting section 65(3) of the act vide act no. 13 of 1986. it is well settled rule of interpretation that the court always lean towards a construction which would help to the true intention of legislature ..... of the employers, workmen and trade unions and penalties for those indulging in such practices have been provided in chapter v-c. 2. with a view to apply said provisions to the undertakings covered by the madhya pradesh industrial relations act, 1960, suitable amendments in sections 65 and 110 are being proposed.' 10. from the statement of objects .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998(2)MPLJ661
..... lordships held that 7 days notice means seven days clear notice of the meeting. lordship also referred section 21 of the m.p. general clauses act, 1957 (in short 'act') to mean that the meeting which has been convened for no confidence motion can also be adjourned because the authority which has been convened the meeting ..... madhya pradesh panchayat raj adhiniyam, 1993, was enacted by act no. 1 of 1994 (hereinafter referred to as the act of 1994') chapter i deals with preliminary definitions etc. chapter ii deals with gram sabha and chapter iii deals with establishment of panchayats and section 21 of the act of 1994 deals with no confidence motion against sarpanch and ..... one year from the date on which previous motion of no confidence was rejected. chapter iv deals with conduct of election and chapter v deals with conduct of business and the procedure at the meeting of the panchayat. section 44 of the act of 1994 deals with procedure of meeting, which reads as under :'section 44. procedure .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... 28, 1987, and also for wealth-tax by the assistant commissioner of wealth-tax, additional circle, bhopal, under section 16(3) of the wealth-tax act, 1957 (for brevity, hereinafter referred to as the wealth-tax act), for the assessment years 1981-82, 1982-83, 1983-84, 1984-85, 1985-86, 1986-87, 1987-88, 1988-89, 1989-90, ..... against investigation and prosecution and the said criminal case, however, did not direct or permit for reopening of the closed chapter of finalised assessment or for making an investigation/enquiry blindly under section 131(1a) of the act in relation to the matter in respect of which, as stated above, assessment was completed long back and as per ..... under this section or which may have been completed on or before such date and includes also all proceedings under this act which may be commenced after such date in respect of any year.' chapter xiii of the act contains three parts. part a deals with the appointment and control of the income-tax authorities. part b deals with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)159CTR(MP)53
..... dated 28-9-1987, and also for the wealth-tax by the asstt. cwt, additional circle, bhopal under section 16(3) of the wealth tax act, 1957, (for brevity, hereinafter referred to as the wealth act) for the assessment years 1981-82, 1982-83, 1983-84, 1984-85, 1985-86, 1986-87, 1987-88, 1988-89, 1989-90, 1990 ..... investigation and prosecution and the said criminal case, however, did not direct or permit for reopening of the closed chapter of finalised assessment or for making an investigation enquiry blindly under section 131(1-a) of the act in relation to the matter in respect of which, as stated above, assessment was completed long back and as ..... including 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 .....
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