Court : Madhya Pradesh
Decided on : Aug-31-1989
Reported in : 1990CriLJ1119
..... arising out of the same judgment preferred by another co-accused dinesh. both kalekhan and dinesh were charged and tried together. dinesh has been convicted under section 8/25 of the act and similarly sentenced as accused appellant no. 1 kalekhan. both these appellants have been convicted and sentenced by a common judgment. the appeals were heard ..... has. prescribed special credence to be given to these documents seized pursuant to the particular procedure prescribed, lead us to hold that the benefit of section 22b of the act is confined to books of account and documents which have been seized pursuant to a warrant authorising a police officer not below the rank of a ..... mere reading of the report would go to show that the delay in lodging the report stands amply explained.45. for the foregoing reasons the presumption under section 35 of the act is not attracted in case of the appellant dinesh.46. shri trivedi, learned counsel who appeared on behalf of the legal aid committee, for appellant .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1989
Reported in : 1993(44)ECC14; 1990(50)ELT15(MP)
..... revised in accordance with law, it cannot be held that there was any short levy as alleged in the impugned notice. under the circumstances, the proceedings initiated under section 11a of the act cannot be held to be justified.8. it was urged on behalf of the petitioners that the goods in question could not be subjected to any excise duty and ..... ):'in order to make the demand for duty sustainable beyond a period of six months and upto a period of 5 years in view of the proviso to sub-section 11a of the act, it has to be established that the duty of excise has not been levied or paid or short-levied or short-paid, or erroneously refunded by reasons of ..... paid by the petitioner company under tariff item no. 68.(vii) on 3-9-1983, respondent no. 4 issued a show cause notice to the petitioner company under section 11a of the act calling upon the petitioner company to show cause why the short levy of excise duty recovered on the aforesaid goods from 1-9-1977 to 31-7-1983 amounting .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-05-1989
Reported in : AIR1990MP100; [1991]70CompCas450(MP); 1990(0)MPLJ308
..... in question being scheduled industries, a permanent license could not have been granted to these units by the state of m.p. without a license under section 11 of the central act having been granted to them by the government of india. the supreme court considered the arguments advanced by the appellants in that case and has in ..... that respondents nos. 5-11 were not entitled to set up new distilleries at the new sites without obtaining a licence from the central government under section 11 of this act and since there was nothing to show that they had obtained such licence before setting up the new distilleries was illegal and could not give rise to ..... writ petitions, we cannot allow this contention to be raised before us. moreover, it is obvious from section 11 read with the definitions of 'factory' and 'industrial undertaking' contained in sub-sections (c) and (d) of section 3 of this act that licence from the central government for setting up new distilleries would be necessary only if 50 or .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-06-1989
Reported in : [1990]76STC265(MP)
..... from the director of industries in respect of their poha mills on fulfilment of other conditions and restrictions imposed under the said notifications under section 12 of the state act and under section 8(5) of the central act.6. in the case of jagdamba industries [1988] 69 stc 1 ; 1988 mplj 620 ; 1988 jlj 701, the full ..... , otherwise there would have been no justification for making the madhya pradesh poha (restriction on manufacture) order, 1966, in exercise of its powers under section 3 of the essential commodities act, 1955. further, unless there is any ambiguity in the language employed in the statute, the courts adopt literal construction if it does not lead to ..... rajpatra dated 21st october, 1986, and as per notification dated 29th june, 1982 (annexure d1 in m.p. no. 3476 of 1989), issued under section 8(5) of the central act by the state government. accordingly, they have made a common prayer for directing the director of industries, m.p., to issue them the requisite eligibility .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-07-1989
Reported in : AIR1990MP191; 1990MPLJ112
..... the contentions advanced by the learned counsel for the tenant/applicant, particularly when their construction and interpretation is mainly the subject of controversy. section 23-a of the act which falls in chapter iii-a contemplates a special provision conferring a right on a landlord to submit an application to the rent controlling ..... a widow landlady for her bona fide need as also of her son would be competent before the rent controlling authority under section 23-a read with section 23-j of the act, and that plurality of ownership of any accommodation was no disqualification to disentitle a widow from getting the premises vacated from the ..... continued the eviction proceedings.4. aggrieved by the aforesaid order of the rent controlling authority, the tenant/applicant preferred revision before this court under section 23-e of the act. the revision came up for hearing before the learned single judge of this court before whom the learned counsel appearing for the tenant/applicant assailed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-07-1989
Reported in : II(1991)ACC155; 1991ACJ235; AIR1990MP239
..... to any person gives rise to a claim for compensation under this act and also under the workmen's compensation act, 1923 the person entitled to compensation may claim such compensation under either of those act but not under both. as such the language of section 110-aa of the motor vehicles act being unambiguous itcannot be disputed that the claimant has an option to ..... option.11. as discussed above on one hand section 3(5) of the workmen's compensation act, 1923 bars an application for compensation under the said act if a claimant has instituted any proceeding in a civil court. similarly section 110-aa of the motor vehicles act states that notwithstanding anything contained in the workmen's compensation act, 1923, where the death of or bodily injury .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-12-1989
Reported in : AIR1990MP262
..... ' requirement under chapter iii-a. it is not disputed that the petitioner being a retired government servant fell within the definition of 'landlord' under section 23-j(i) of the act. when the act was amended by act no. 7 of 1985 the rent controller transferred the application to the civil court for deciding the same. the district judge, gwalior, vide his ..... also a settled view of this court that out of several co-owners, who are landlords, if one co-owner is landlord of a specified category under section 23-j of the act, an application for eviction under chapter iii-a can be maintained on the ground of bona fide requirement, as the co-owners are not opposing the eviction ..... deposits with the rent controller compensation which is equal to double the amount of the annual standard rent of the suit-shop in accordance with the provisions of section 23-g of the act. to avoid any dispute in relation to the standard rent, it is ordered that the standard rent will be the agreed rent, i.e., rs. 90/- .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-14-1989
Reported in : 1990MPLJ174
..... of detention. the supreme court in sunil dutt v. union of india (air 1982 sc 53), has held as follows:'it is true that under sub-section (3) of section 3 of the act it is provided that for the purpose of article 22(5) of the constitution, the communication to a person detained in pursuance of the detention order of ..... the 'list of arinexures' as supplied to the detenu along with the grounds of detention, not merely refers to the statement of dhanya kumar jain, recorded under section 108 of the customs act, but specifically relied upon as well, by the detaining authority, as is evident from the extract of para 11 of the grounds of detention, as already ..... order of detention. therefore, so long as the grounds of detention are not served upon the detenu and communicated to him within five days, as contemplated by section 3(3) of the act, in exceptional circumstances, for reasons to be recorded in writing by the detaining authority, not later than 10 days from the date of detention, there is .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-14-1989
Reported in : 1990CriLJ546
..... dutt v. union of india, air 1982 sc 53 : (1982 cri lj 193), has held as follows (para 6):'it is true that under sub-section (3) of section 3 of the act it is provided that for the purpose of article 22(5) of the constitution, the communication to a person detained in pursuance of the detention order of the ..... in the 'list of annexures' as supplied to the detenu along with the grounds of detention, not merely refers to the statement of dhanyakumar jain, recorded under section 108 of the customs act, but specifically relied upon as well, by the detaining authority, as is evident from the extract of para 11 of the grounds of detention, as already quoted ..... order of detention. therefore, so long as the grounds of detention are not served upon the detenu and communicated to him within five days, as contemplated by section 3(3) of the act, in exceptional circumstances, for reasons to be recorded in writing by the detaining authority, not later than 10 days from the date of detention, there is .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-14-1989
Reported in : 1990MPLJ536
..... top functionaries such as inspector general of police, but even the commandant whose rank is equal to that of a police officer under the police act, 1861. more importantly, section 27(2) empowers state government to frame rules to provide among others, matters regarding recruitment, organisation, classification and discipline of members of subordinate ..... 'service matters' is defined in section 3(q) of that act and petitioner's grievance pertains to 'service matters'.6. shri dwivedi, petitioner's counsel has, however, contended that the petitioner 'not being a ..... gwalior. it is seriously contended today that this court does not have jurisdiction to deal with the matter in view of the provisions of section 15(1)(b), administrative tribunals act, 1985. it is contended that m.p. state administrative tribunal having come into being, only that tribunal can deal with the grievance as .....
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