Court : Madhya Pradesh
Decided on : Oct-20-1976
Reported in : AIR1977MP74; 1977MPLJ74
..... nature of the transactions, it has been said:--'chit fund transactions have been highly popular in all parts of the country as indigenous system providing financing facilities in the shape of advances from the common fund repayable in easy instalments and serving also as a scheme for investment and savings and ..... undertaken at the present day by banks, such as the payment of domiciled bills, the custody of valuables, discounting bills, executor and trustee business or acting in relation to stock exchange transactions, foreign exchange business, the issue of travellers cheques, credit card systems; and banks have functions under certain financial legislation, ..... at the hearing, enacts:--'where any newspaper or other publication contains any money circulation scheme promoted or conducted in contravention of the provisions of this act or any advertisement in relation thereto, the state government may, by notification declare every copy of the newspaper and every copy of the publication containing .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-23-1976
Reported in : AIR1977MP217
..... management or business of the society between a member and the society has arisen in the present case within meaning of section 64 (1) of the act.6. section 2 (1) of tihe act defines a 'financing bank' as a society the objects of which include the creation of funds to be lent to other societies or its individual members, and includes a ..... from the respondent-society, the petitioner disputed the correctness of the order of expulsion under section 64 (1) of the act, before the assistant registrar, co-operative societies -- the second respondent herein. the assistant registrar decided the dispute on november 13, 1968 in favour of the petitioner-anant holding the expulsion order to be wrongful. the first respondent-society preferred an appeal .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-29-1976
Reported in : AIR1977MP176
..... desh at jabalpur. they had filed a petition under articles 226 and 227 of the constitution praying that the orders of the president of india, dated 28-11-1968, establishing permanent benches at gwalior and indore be quashed and the hon'ble the chief justice be directed to recall the orders, dated 5-2-1976, and ..... , air 1976 sc 331 their lordships were not required to consider this question because there was no provision corresponding to sub-section (1) of section 51 of the act in the united provinces higih courts (amalgamation) order, 1948 (hereinafter referred to as the 'amalgamation order'), and it was not laid down therein that theprincipal seat of ..... counsel appearing for the petitioners contended that in so far as the notification by the president of india constituting permanent benches under section 51(2) of the states reorganisation act is concerned, it involves a question about the interpretation of articles 2, 3, 4 and entry 78, list i, of the seventh schedule of the constitution. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-24-1976
Reported in : [1979]49CompCas478(MP)
..... gupta, the articled clerk, and the respondent were examined by the committee. shri vijay kumar gupta deposed that he started working with the respondent since august, 1968, but his articles were given only in september, 1969, and the appointment in the insurance company was given to him in may, 1969, when he ..... judges of what their own standard of professional conductshould be. unless, therefore, there is a gross violation or disregard of theprovisions of the chartered accountants act or the regulations madethereunder or a gross and utter disregard of certain well known principlesof natural justice and fairness or obvious disregard of essential considerations cf ..... who is a member of the institute, is guilty of professional misconduct and, consequently, submitted this reference for appropriate action under section 21(5) of the act.4. shri s. n. kohli, learned counsel for the applicant, contended that the disciplinary committee and the council constituted by eminent professional men have found .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-20-1976
Reported in : AIR1977MP51; 1977MPLJ130
..... and is affected by the increase in fares is entitled to maintain the petition. in support of his contention he has relied on jagjit singh v. state of rajasthan, air 1968 raj 24; radha shyam datta v. patna municipal corporation, air 1956 pat 182; bhanwarlal v. rajasthan state, air 1953 raj 180 and government press employee's assn. bangalore ..... the interests affected. he has claimed an opportunity of being heard as an individual. a bare perusal of the language of the proviso to section 43 (1) of the act (extracted below) would show that an opportunity of being heard is to be given only to the 'representatives of the interests affected' and not to every individual affected.' ..... general that if a body of persons affected by the proposed increase of fares wanted to be heard, the government should have been apprised as to who was to act as their representative. the petitioner cannot claim the right to be heard in his individual capacity as the requirement of law ig that opportunity of hearing is to .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-24-1976
Reported in : AIR1977MP21
..... 470.16. in khajamian wakf estates etc. v. state of madras, civil appeal no. 2480 and others of 1966 and some other appeals of 1967 and some others of 1968, decided on november 18, 1970 = (reported in air 1971 sc 161) their lordships of the supreme court laid down thus:--'it was next urged that the provisions in ..... in return, either fully or proportionately, either immediately or by instalments, and thus infringes the rights guaranteed by article 19 of the constitution.4. the object of the act is to provide relief from indebtedness to members of the scheduled castes and scheduled tribes, small and marginal formers, landless agricultural labourers and rural artisans in rural areas. the ..... 1951 scr 682 = (air 1951 sc 318 at p. 328). in state of m.p. v. ranojirao, (1968) 3 scr 489 = (air 1968 sc 1053), it has been held that a right to a sum of money is property. therefore the act deprives moneylenders of their property within the meaning of article 31(1) of the constitution, which runs thus:--'no .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-14-1976
Reported in : 1977(1)ELT92(MP); 1977MPLJ394
..... this chapter applies to such excisable goods as the central government may by notification issued under rule 173-a specify. by a notification issued on 11th may, 1968, this chapter has been applied to a number of excisable goods including aluminium. this chapter consists of rules 173-a to 173-q. before removing any ..... (see orient paper mills v. union of india : 1973ecr1(sc) ). the method of valuation of excisable goods is laid down in section 4 of the act. the board cannot prescribe different methods of valuation by issuing supplementary instructions. the excise authorities in assessing excise duty perform a quasi-judicial function and have to follow ..... by the assistant collector before the said 13 orders were passed by the collector.2. the petitioner is an existing company within the meaning of the companies act, 1956. the petitioner carries on business of manufacturing and dealing in cables and conductors required for transmission of electricity. the petitioner has its cable factory at .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-27-1976
Reported in : AIR1977MP54
..... view was taken in deb kumar roy choudhary v. debnath barna bipra, air 1920 cal 897, which was relied on in mast ram ram charan v. deputy commissioner, bahraich, air 1968 all 321. we respectfully concur in the view taken in these decisions. in our opinion the procedure suggested by bishen narain, j. in mela v. labhu, air 1955 punj 97 ..... in the fresh suit another defendant has been joined, and thirdly, in the alternative, the court below ought to have given the plaintiff benefit of section 14 of the limitation act. we are not concerned with the last two points, as the reference is limited to the first.7. it is clear from the scheme of order 23, rule 1 of ..... . 1 was not served with notice of the fresh suit.5. aggrieved by dismissal of the suit, the plaintiff preferred this revision under section 25 of the small cause courts act. it was placed before bhave, j. for hearing. he found that there was divergence of judicial opinion among different high courts and he did not find the decision of bose .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-26-1976
Reported in : AIR1977MP28
..... . 7.37 per quintal linking it to the recovery of sugar from sugarcane at 9.4% or less. this was also the basic minimum price for the years 1967-68, 1968-69 and 1969-70. the central government also allowed a premium at the rate of 6.6 paise for every increase of 0.1% of recovery over the basic recovery ..... 3 (1) (e) of the order does not specifically lay down that recovery should be taken for an entire season or year, it cannot be held that the central government acted in excess of its authority in failing to have regard to, certain matters which it was required to take into account. 7. the minimum price of sugarcane fixed by the ..... petitioner's factory. 2. the impugned notification was issued by the central government under clause 3 of the sugarcane (control) order, 1966, made under section 3 of the essential commodities act, 1955. clause 3 of the order in so far as relevant reads as follows:-- '3. minimum price of sugarcane payable by producer of sugar.-- (1) the central government may, after .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-23-1976
Reported in : AIR1977MP116; 1977MPLJ227
..... exercise of powers under this proviso, the chief justice made two separate orders dated 30th november 1968 regarding the two benches directing that-(1) references under the income-tax act, wealth-tax act. expenditure-tax act gift-tax act, estate duty act. sales-tax act and other tax references, (2) all petitions under art 226 or 227 of the constitution ..... and it was in pursuance of that that immediately temporary benches were constituted which ultimately were made permanent by the president's notifications in 1968.178. the scheme of the states reorganisation act and the idea of continuing the facility of a high court at places (where) there was a high court before especially in ..... then came the stage when the permanent benches came to be constituted under sub-section (2) of section 51 of the act by the president by notifications issued simultaneously on the 28th november, 1968 vide annexures 1 and 2 to the return of the registrar. by these notifications it was directed that not less than .....
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