Court : Madhya Pradesh
Reported in : AIR1995MP1
..... that the provisions of public premises (eviction of unauthorised occupants) act. override the provisions of delhi rent control act. the public premises act invests power with an executive officer to pass order of eviction, while under the rent control act, the power vests with a quasi-judicial authority. nevertheless, it was held that the public premises act overrides the delhi rent control act. we will also advert to the decision of a division bench ..... of this court in b. johnson bernard v. c. s. naidu, 1985 mplj 675 ; air 1986 mp 72. act no. 27 of 1983 and act no. 7 of 1985 which amended the m.p. accommodation control act, 1961 by providing a special forum and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP332; 1991(0)MPLJ790
..... as a fact, found that the disputed property (which was sought to be subjected to property tax under the delhi municipal corporation act, 1957) as a corporeal entity was in delhi, in strict legal sense it was not the property that was in delhi but only the res fell within the limits. it was, therefore, held that in that situation, the ..... property could not be taxed to property tax as the incidence of property tax under the act falls on rights of possession and enjoyment of the property and not ..... representation is made. in such a case, the doctrine of promissory estoppel would be displaced. somewhat similar observations were made by the supreme court in a subsequent decision, in delhi cloth & general mills ltd. v. union of india, air 1987 sc 2414, when their lordships in paragraph 25 of the judgment observed as follows:'it is, however, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1987]164ITR713(MP)
..... referred to above.4. the assessee is a co-operative society deriving income from interest on deposits, interest on securities, commission, subscription, subsidy, donation and locker rent, etc. during the course of the assessment proceedings for the assessment years, i.e., from 1967-68 to 1973-74, the assessee claimed that the whole of ..... [1968]70itr86(sc) . their lordships have held that interest received on government securities held by a co-operative society qualifies for exemption under section 80p of the act.14. learned counsel appearing for the revenue submitted that the assessee has been holding the same securities and there had been no transaction at all and, therefore, ..... commissioner who allowed the assessee's appeal holding that the assessee was carrying on banking business and as per provisions of section 24 of the banking regulation act, 1949, the banking companies had to maintain a certain percentage of their assets in the form of securities and hence the securities held by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)IILLJ1427MP; 2000(3)MPHT343
..... court in the case of neo sacks limited (supra). it appears from the judgment in that case that the orders passed by the customs, excise and gold (control) appellate tribunal (for short the cegat) were challenged before the high court of madhya pradesh (indore bench) by way of two writ petitions. in that case, ..... chandra kumar's case (supra) did not cover the cegat. it was further contended that the high court of madhya pradesh had no jurisdiction as the delhi high court had the territorial jurisdiction to decide the case. it was further contended that the two petitions were liable to be rejected on the ground that ..... order passed by the appellate authority for industrial and financial reconstruction, referring the order of board for industrial and financial reconstruction under sick industrial companies (special provisions) act, 1985. the petitioner-company filed a letters patent appeal against the order of the learned single judge. however, honourable the chief justice had ordered to put .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPLJ592
..... co. and the petitioner no. 3 was executive director incharge of human resources, legal licensing and corporate communication and was not concerned with manufacture or quality control of the drugs produced by the company. he submitted that in the complaint there is not even a whisper or even an iota of allegation against the ..... of betnasol tablets for sale, therefore, they were liable to be punished for the aforesaid offence. he placed reliance on the decision reported in : 1980crilj834 state (delhi administration) v. i.k. nangia and anr. he further submitted that the petition for quashing of the criminal complaint filed by the glaxo smith kline pharmaceuticals ltd. ..... to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.(2) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT18
..... chain of evidence so cornplete as not to leave any/reasonable ground for the conclusion consistent with theinnocence of the accused and must show, that 'in all human probability the act must have been done by the accused.11. in the light of aforesaid legal principles, we proceed to examine the evidence on record. it is clearly borne out from the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1973]31STC575(MP)
..... the position, whenever a miller purchases groundnut, the turnover relating to that purchase becomes exigible to tax subject to such exemptions as may be given under the act. this means that as soon as a first miller purchases groundnut, the turnover relating to that purchase-the question of exemption apart-becomes liable to tax. this ..... manufacture ofand the like or goods for sale) orin lubrication and to those dealersvolatile oils used who have no regis-chiefly in medicines, tration certificateperfumes, cosmetics under this act.and the like.thus, under section 6, as it originally stood, with schedule ii, both the conditions regarding the tax not being more than 2 per cent. ..... seeds can be recovered from him. the objection was overruled by the assessing authority on the ground that it had no jurisdiction to decide the vires of the act under which it was constituted. the assessee has, therefore, filed the present petition with a prayer that the assessment proceedings be quashed.2. article 286(3 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP22; 2007(4)MPHT545; 2008(1)MPLJ152; 2008(1)AIRKarR353(FB)(MP).
..... . the learned single judge examining the matter on merit and set aside the orders of the rent controller as well as the resident deputy collector on the ground that the aforesaid judgments were perverse. the findings of the rent controller and resident deputy collector were set aside on the question of habitual defaulter as well as on ..... v. karan singh : air1957all414 and by the punjab high court in raj kishan jain v. tulsidass and barham dutt v. people's cooperative transport society ltd., new delhi and we are in agreement with it.52. in sushilabai laxminarayan mudliayar and ors. v. nihalchand waghajibhai shaha and ors. a.i.r. 1993 suppl. (1) ..... has almost obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP32
..... 1288) and after reviewing the decisions both of the privy council as well as the earlier decisions of the supreme court, it was held that whether the 'act of state' has reference to public or private rights the result is the same; namely that it is beyond the jurisdiction of municipal courts to investigate the rights and wrongs ..... binding on the subjects of the gwalior state. but the taking over of the sovereign power of the ruler of gwalior by the state of madhya bharat amounted to ah 'act of state'. the effect of such state succession was considered by the supreme court in promod chandra deb v. state of orissa, 1962 supp (1) scr 405 : (air 1962 sc .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ997
..... the rajasthan motor vehicles accidents claims tribunals rules, 1964, has held that the district judge who functions as a claims tribunal is not only within the administrative control of the high court, but also subordinate to it under section 115, code of civil procedure. therefore, the order passed by the tribunal is revisable under ..... proceedings can be ex pane. the opposite party can file written statement and produce evidence. similar provisions are made in the rules made, for instance, in delhi, bihar and bengal.(29) as already pointed out, in its award the tribunal determines not only the person or persons to whom compensation shall be paid, ..... 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 .....
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