Court : Madhya Pradesh
Decided on : Aug-10-1989
Reported in : 1990MPLJ323
..... right to occupy the land as lessees in the present petition itself. they have not yet vacated the premises. they are, therefore, estopped by force of section 116 of the evidence act, from questioning title of the cantonment or union of india to the land in dispute. it is true that in this petition, the petitioners allege that ..... district judge, for reasons recorded in para 4 of his order, appears to be right in negativing that contention. it appears from that order that notice under section 4(1) of the act was served on the holders and the petitioner no. 1, jagdish prasad, appeared. he did not submit any reply. he also informed that lachhoo prasad and ..... raised on the land and that unauthorised persons were allowed to occupy those structures. at the same time, it also appears that the petitioners filed an appeal under section 9 of the act, before the district judge, jabalpur, against that order of eviction (annexure p-5). that appeal was also dismissed vide order dated 26-8-1986 (annexure p .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-17-1989
Reported in : AIR1990MP41
..... not a single case, the question which confronts us came up for consideration of the court. we have already indicated that registrar's power to act under section 9 and of civil court to act under sections 26 and 27 are of different shades and complexions and are mutually exclusive. the registrar becomes functus officio when a 'public trust' is validly ..... held that the registrar had no jurisdiction to make even 'interim management' when action had already been taken by him under section 26(1) of the act and decision was taken for referring the matter to the civil court. if mahant narayandas, 1962 mplj (sn) 97 page 46(1) serves any useful purpose ..... of trustees, the registrar cannot remove the existing trustees and nominate new trustees in their place though that power can still be exercised by the civil court under section 25(3) of the act. in the case of sheoprasad dubey, 1972 jab lj (sn) 6 page 5(2), the lis, similarly, was of a different complexion. it was .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-23-1989
Reported in : (1990)IILLJ313MP; 1990MPLJ515
..... as the appellant and in one case as the respondent (abdul sattar) to determine on facts their entitlement. before that, we may say a few words about section 25ff, i.d. act as the industrial court has rested its decision on that as well. proviso (b) thereof expressly contemplates that a case of retrenchment in the case of transfer of ..... an employee of erstwhile native state of junagarh which merged in the state of maharashtra and under the saurashtra rules, he could not be retired. proviso to section 115(7), s.r. act came to appellant's rescue. shri jain relied on salem erode electricity distribution company's case (1966-i-llj-443) to contend that provisions of rule 14 ..... of the provision in that regard contemplated in f.r. 56(a) being saved by the 'intimation' aforesaid. that apart, that intimation being in terms of section 34, r.t.c. act, that will be binding on mpsrtc as contemplated in subsection (2) thereof and we are also of the view that it would be necessarily 'in the interest of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-10-1989
Reported in : 1989MPLJ422; [1991]81STC269(MP)
..... therefore, the petitioner is not a dealer in the madhya pradesh state within the meaning of the m.p. general sales tax act.6. the relevant charging section under the entry tax act is section 3(1)(b), which provides that on the entry in the course of business of a dealer of goods specified in schedule iii ..... back after the work is over. the work undertaken by the petitioner at malajkhand does not bring it within the definition of 'works contracts' under section 2(m) of the act, which relates to construction of buildings, dams, bridges and other immovable property, erection of factories, installation of machineries, etc. the petitioner's work ..... courts will issue appropriate orders or directions to prevent such consequences. writ of certiorari and prohibition can issue against income-tax officer acting without jurisdiction under section 34 of the income-tax act.'the supreme court further held that when an action of the income-tax officer is without jurisdiction, though there is other remedy .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-1989
Reported in : AIR1989MP264; 1989MPLJ561
..... behalf was taken away. in view of that decision, it is first necessary to ascertain the nature of levy imposed by the act.6. the charging section of the act is section 11. the material provisions of section 11 are as follows :'section 11 -- (i). there shall be levied and collected a cess on land held in connection with mineral rights at such rale ..... the market subject to a maximum fixed by the state govt, we have, therefore, no hesitation in coming to the conclusion on a consideration of the scheme of section 62 of the act that the tax provided therein is a tax on land, though its incidence depends upon the use of the land as a market. further, as we have ..... of a mere simple enumeration of broad categories. to ascertain whether the subject-matter of the tax levied by the act is covered by entry 49, let us turn to the charging section which is section 11 of the act. that section lays down that there shall be levied and collected a cess on land held in connection with mineral rights at such .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-15-1989
Reported in : 1990MPLJ780
..... to central provinces and berar is available to appellants and the appellants are bound to pay additional amount, solatium and interest in accordance with section 23 and section 28 of the act.19. before we conclude, we make it clear that appellant no. 1, who was not a party to the proceedings before the court ..... the court for determining market value, the claimants therein are in a position of plaintiffs. therefore, the proceedings in a court on a reference under section 18 of the act are quite independent and original proceedings. the said proceedings have no relation with the proceedings before land acquisition officer, who on evaluation of material adduced ..... cross-objections under order 41, rule 22, civil procedure code, for enhancement of compensation, solatium and interest in accordance with the amendments made in sections 23 and 28 of the act by amendment act no. 68 of 1984. as a common award was passed and common submissions were made by learned counsel for the respective parties, all .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-11-1989
Reported in : AIR1990MP224
..... controller the contract between the landlord and the tenant determines the liability of the tenant to pay rent. that is clear from the terms of section 9 of the act. that section clearly indicates that the controller alone has the power to fix the standard rent........ in ourview, the prohibition against recovery of rent in excess of ..... as well.52. all the aforementioned factors and considerations must have gone into in the formation of the legislative object behind the provisions of sub-section (6) of section 12 of the act. most assuredly, the legislature could not have desired any object that the defeated tenant, with an eviction decree against him, should still be allowed ..... payment of compensation equal to double the amount of annual agreed rent is in clear contravention of the specific provisions of sub-section (6) of section 12 of the act. the requirement of the said section is that the compensation should be double the amount of the annual standard rent. it is true, as stated by both .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-27-1989
Reported in : 1990MPLJ709
..... there is no other alternative suitable accommodation available in the local area of indore. a certificate no. 230/be/w, dated 1-12-1981, as required under section 20-aa of the act, issued by the controlling officer, shri v. k. agrawal, divisional engineer, west city division, mpeb, indore, was produced. the appellant denied all the allegations, ..... the mpeb on attainment of the age of superannuation.5. shri a. k. chitale, learned counsel for the appellant, contended that the special provision under section 20-aa of the act is in the nature of a draconian law, as merely by filing a certificate issued by the controlling officer of the retired government servant, a decree ..... providing summary procedure for disposal of such cases ******.'20. therefore also, there cannot be any conclusion other than the one that the special provision under section 20-aa of the act was enacted for a landlord who was appointed to a public service or post in connection with the affairs of the state and was duly retired .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-21-1989
Reported in : AIR1990MP160; 1990MPLJ4
..... assailed on behalf of the petitioners, are sub-sections (2) and (3) of section 11-a, section 11b and section 42-a of the act inserted by the amending act and the amendments in section 41, section 42 and section 46 of the act by the amending act. sub-sections (2) and (3) of section 11-a inserted by the amending act are as follows : '11-a (2) ..... the publication, shall be considered by the competent authority who shall pass an order after giving the objector an opportunity of being heard. sub-section (4) of section 11 of the act lays down that while considering the objections or otherwise, if the competent authority finds that any question has ariseen regarding the title of a ..... authority shall accordingly make necessary alterations in the draft statement' and shall publish a final statement declaring the surplus land held by each holder. section 12 of the act lays down that all surplus land shall be deemed to be needed for public purpose and shall vest in the state absolutely free from all .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1989
Reported in : 1990MPLJ33
..... a certificate in form 'd' as the case may be, appended to the central sales tax registration and turnover rules, 1957, as required by sub-section (4) of section 8 of the said act; and(ii) that it is proved to the satisfaction of the assessing authority that there has been no change in the form identity of the goods at ..... the learned counsel, the penalty is disproportionate to the fault found. the assessing authority imposed a penalty of rs. 60,000/- under section 9(2) of the central act, read with section 18(6) of the state act while the tax payable by him was found as rs. 66,015/-. the revisional authority found the petitioner entitled to certain refund of ..... of the notification dated 11-10-1977, referred to above. this notification is as follows: -'now therefore, in exercise of the powers conferred by sub-section (5) of section 8 of the central sales tax act, 1956 (no. 74 of 1956), and in supersession of this department notification no. 2353-1765-v-sr dated the 23rd october, 1959, the state .....
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