Court : Madhya Pradesh
Reported in : 2012CrLJ2008
..... help any convict in any other law where other applicable independent provisions are existing as the offence punishable under section 138 of the ni act is distinctly different from the normal offences made punishable under chapter xvii of ipc (i.e. the offences qua property). in the circumstances, it is hereby declared that the compromise arrived ..... . while holding so, it is directed that now, the petitioners/accused no. 2 and 3, namely, janak gandhi managing director and s.s.yadav, director of finance of otg global finance ltd. shall equally be responsible to pay rs. 10,00,000/- (rs. ten lacs) instead of rs. 8,00,000/- (rs. eight lacs). the ..... been aggrieved by an order dated 26th september, 2011. by the aforesaid order, the petitioner/accused no1. otg global finance ltd. company was acquitted of the charges under section 138 of the negotiable instruments act while setting aside the sentence for the alleged offence. however, the conviction recorded by the trial magistrate and affirmed by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004(102)FLR468]; (2004)IILLJ1101MP; 2004(3)MPHT96; 2004(2)MPLJ348
..... in the alternative they should be treated as employees of the corporation as per the provisions of the contract labour (regulation and abolition) act, 1970 (hereinafter referred to as 'clra act').4. two returns were filed. it is relevant to state here that one return was filed stating the detailed facts and one controverting ..... appreciate the aforesaid submission it is seemly to refer to section 110 of the m.p. industrial relation act. the said provision reads as under :--'110. saving of certain provisions of the industrial disputes act.-- except chapters v-a, v-b and v-c, and other provisions with respect of lay off, retrenchment compensation special ..... or for regulating their relations with the employers, or under any award, settlement or agreement.'section 31 of the aforesaid act which occur in chapter vi relates to notice of change. section 51 which occurs in chapter ix under the heading 'arbitration' reads as under :--'51. reference of disputes to labour court, industrial court or board .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP160; 1972MPLJ796
..... was passed without prior consultation with the reserve bank as required by sub-section (1) of section 53 of the act. the said sub-section as amended by the m. p. co-operative societies (amendment) act, 1970 (act no. 8 of 1970) is reproduced below for facility of references'53. supersession of committee:-- (11 if, in the opinion of the ..... of section 72 of the said act made it obligatory on the registrar to consult the financing bank before taking any action under sub-section (1) and the said provision ..... the only condition precedent for taking action under section 72(1) is financing bank to which the society is indebted (vide sub-section (61). there is no other requirement or condition precedent laid down by the legislautre which the registrar must fulfil before he acts in the matter of supersession of the committee.'sub-section (6) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1980)15CTR(MP)142; [1980]124ITR680(MP)
..... ito, however, is subject to the provision made in section 274 which before its amendment by the taxation laws (amendment) act, 1970 (act 42 of 1970), read as follows :'274. procedure.--(1) no order imposing a penalty under this chapter shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. (2 ..... would govern the quantum of penalty imposable on the assessee for concealment of particulars of income. clause (iii) of section 271(1), as amended by the finance act, 1968 (act 19 of 1968), with effect from 1st april, 1968, was applicable to the case of the assessee for the return was filed and penalty was incurred after ..... the imposition of penalty. (3) an appellate assistant commissioner on making an order under this chapter imposing a penalty, shall forthwith send a copy of the same to the income-tax officer.' 5. by section 49 of the taxation laws (amendment) act, 1970, which came into force on 1st april, 1971, for the words ' the minimum penalty .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1982(10)ELT97(MP)
..... before. this notification, in its turn, was superseded by notification dd 1st august 1974 by which the duty on nylon yarn was raised to rs. 42/- per kilogram. 'by the finance act, 1975, the tariff item- no. 18 was amended and the rate of duty was enhanced from rs. 60/- to rs. 85/- per kilogram. thereafter the notification dated 1st august, 1974 ..... a duty on salt manufactured in, or imported by land into, any part of (india) as, and at the rates, set forth in the first schedule.the next section in chapter ii is section 4 which deals with valuation of excisable goods for purposes of charging of duty. this section, as it stood at the relevant time, reads as follows :-section ..... 'in the matter of fiscal legislation the initiative is in the hands of the executive' (see j.k. steel ltd. v. union of india-air 1970 sc. 1173, p. 1180. section 38 of the act as it stood at the relevant time before its amendment by act no. 22 of 1973 provided that the rules shall have affect as if enacted in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP221
..... the relief of declaration simpliciter. the court-fees paid were proper or not. we hereby refer the following question of law for its determination under rule 11 of chapter i of the high court rules read with section 98 and rule 34 of order xli of the code of civil procedure by one or more judges as ..... evasion is successful it cannotbe touched, but the device does not merit encouragement or favour'.it was further observed after referring to section 42 of the specific relief act:--'it is in this section (apart from particular legislative sanction) that the law as tomerely declaratory decrees applicable in thecircumstances of this case, is now to befound'. ..... 'decree' made unenforceable against him require an ad valorem court fee stamp?'while dealing with that question, the division bench has stated certain principles:'the court-fees act is a fiscal enactment, has to be construed strictly and any ambiguity or doubt arising out of its interpretation has to be resolved in favour of the subject .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... notice to show cause against its supersession on the ground that the initiation of the proceeding is without jurisdiction as a pre-condition therefore of consultation with the financing bank of the society has not been satisfied, the bar of article 226(3) cannot be invoked by saying that alternative remedy of revision and appeal is ..... by the high court the supreme court would not interfere.' 28. in the case of champalal binani v. the commissioner of income tax, west bengal and ors., air 1970 sc 645, the apex court ruled thus:-- '...... a writ of certiorari is discretionary : it is not issued merely because it is lawful to do so. where the ..... and the aforesaid provision to understand that unless the rules have been prescribed as mandated under the act, no appeal can be filed against an interim order and in any case the tribunal would have no jurisdiction. chapter iii of the act deals with the jurisdiction, powers and authority of tribunals. section 17 reads as under :--'17. jurisdiction .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP107; 2006(1)MPLJ103
..... ) whether the order of the trial court requires interference ?re : points (i) and (ii)7. the answer to these two questions can be found in the evidence act.7.1 chapter v of the act deals with documentary evidence. section 61 provides that contents of documents may be proved either by primary or by secondary evidence. section 62 defines primary evidence as meaning ..... document. execution has to be proved in a manner known to law (section 67 and 68 and ensuing sections in chapter v of evidence act).position regarding conflicting decisions of this court:20. in jagannath pershad nigam (supra) (s. a. no. 91/1970 decided on 7-1-1977), the trial court had held that a mortgage deed is a public document and a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ1007
..... section 397, criminal procedure code, 1973, the question involved being of general importance and day to day recurrence, has been referred to this bench for resolving the controversy.6. chapter xxx of the code of criminal procedure deals with the reference and revision. section 397 deals with the calling for records to exercise powers of revision. section 397 is ..... the power of additional sessions judge and it contemplates that an additional sessions judge shall have and may exercise all the powers of a sessions judge under this chapter in respect of any case which may be transferred to him by or under any general or special order of the sessions judge. section 401 deals with the ..... cases. sections 403 to 405 are not material for decision of this revision.7. the counsel for the respondents drew attention of the court to rule 15 of chapter iv of m.p. high court rules. the same rule is reproduced below:-'no petition for revision of an original order of a magistrate shall be entertained unless .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997CriLJ101
..... when it is a case under narcotic drugs and psychotropic substances act, 1985 (for short 'the act') providing additional limitations under section 37 of the act. eventually, the answer depends on judicial discretion which, as stated by lord mansfield in classic terms in john wilkes case (1970) 4 burr 2527 (2528), should be governed by law and ..... whether there has been non-compliance' while considering the application for bail. in view of difference of opinion, i was nominated under rule 11 of section 1, chapter 1 of m. p. high court manual (rules and orders) to deal with the matter.3. the question thus is whether the court considering the application ..... virtue such as liberty with morality; liberty with the common good; liberty with civil responsibility, that being so, any person accused of the offence under the act, and thus breaker of morality and civil responsibility and unconcerned with the common good, cannot succeed in his bail plea without satisfying the limitations under section 37 .....
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