Court : Madhya Pradesh
Reported in : AIR1988MP181; 1988MPLJ266
..... district judge, gwalior, forrecovery of rs. 24,26,696/- towards loan and interest. in the meanwhile, ordinance no. 6 of 1978 was promulgated whereby period of 5 years was substituted by period of 8 years and this was replaced by act no. 17 of 1979. faced with these difficulties, the petitioner filed m.p. no. 850 of 1979 challenging the validity of ..... referred to as act no. 70 of 1980) are ultra vires of the constitution and are also seeking a writ in the nature of mandamus directing the respondents to forthwith clear off the dues of the petitioners.2. petitioner m/s. pilani investment and industries corporation limited is an investment holding company carrying on business of investment and financing monies for business .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)161CTR(MP)339
..... the assessment order for the year 1982-83 according to which it had come to notice that certain wealth with the assessee has escaped assessment for the years 1978-79 to 1981-82.3. the petitioner has assailed the notices annexures-1, j, k and l; as ab initio void and without jurisdiction. it was ..... notices cannot be termed as illegal per se or without jurisdiction. the petitioner having already submitted returns should wait for the final outcome of those assessments. the act of 1957 provides a complete code for redressal of grievances of the assessee inasmuch as the orders passed by the assessing officer can be challenged in appeal firstly ..... petitioner-assessee has in response to the said notices filed returns for the said reassessment undertaken by respondent no. 1, under section 17(l)(a) of the act. during those reassessment proceedings an application was filed by the petitioner seeking disclosure of the reasons for which the reassessment was being undertaken by the assessing authority. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]136TAXMAN465(MP)
..... and the excess, if any, paid shall be deemed to be tax payable by the assessee and the provisions of this act shall apply accordingly.(2) on any portion of such amount which is refunded under this chapter, interest shall be payable only up to the date on which the refund was made.244. interest on refund where no ..... assessee and demands raised as per assessment were paid. for the assessment years 1972-73 an 1974-75 assessments were completed in the case of firm on 5-10-1978 and 25-10-1979. these assessments were annulled by the commissioner (appeals) as barred by time. the aforesaid order of commissioner was upheld by the tribunal by ..... tribunal. the tribunal upheld the orders of appellate assistant income tax commissioner and dismissed the departments appeal. thereafter the department filed applications under section 256(1) of the act for reference to the high court for opinion. this application was allowed by the tribunal and two questions were referred to this court for opinion.(b) cit v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(2)MPHT533; 2003(3)MPLJ481
..... the cases ofbalram gupta (supra), gopal chandra (supra), j.n. shrivastava (supra), nandkeshwar prasad v. indian farmers fertilisers coop. ltd., (1998) 5 scc 461and power finance corporation ltd., (supra) and eventually in para 18 held asunder :--'18. coming to the case in hand the letter of acceptance was a conditional one inasmuch as, though ..... distinguished on the ground that in these two decisions a larger bench decision rendered in the case of dinesh chandra sangma v. state of assam and ors., air 1978 sc 17 was not kept in view. we have carefully perused the aforesaid decision rendered in the case of dinesh chandra sangma (supra) as well as the ..... servants and constitutional functionaries. in the case of a government servant or functionary who cannot, under the conditions of his service/or office, by his own unilateral act of tendering resignation, give up his service/or office, normally, the tender of resignation becomes effective and his service/or office-tenure terminated, when it is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP110
..... part of the fundamental rights. but once no facet of fundamental right is abridged, the challenge exclusively on the ground of non-following the provisions contained in chapter iv of the constitution would make a statutory provision or a rule ultra vires is devoid of merit. a piece of legislation may meet the requirement of ..... the original registering authority, in the registration book and other relevant papers, changes can be made by other registering authority or not20. section 111 of the act, confers power on the state government for framing statutory rules. this power is also to be exercised with regard to seating arrangements in public service vehicles and ..... the said vehicle has come to the state of madhya pradesh with 'no objection certificate' issued in that regard. according to the petitioner, section 50 of the act, contemplates transfer of the vehicle in the name of subsequent purchaser, but no other change in the particulars already existing in the registration book at the time of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT619; 2001(2)MPLJ464
..... notification under rule 90 arises. it cannot he said by any stretch of imagination that an election under section 38 can be assailed under section 122 of the act. what is contemplated is an election petition challenging the regular election. in this context i may profitably refer to definition incorporated under section 2 (iv) and ( ..... are required to elect from amongst themselves the person to hold the office temporarily till the new sarpanch is elected in accordance with the provisions of the act and the rules made thereunder and such officiating sarpanch shall perform all the duties and exercise all powers to sarpanch during the pendency of the election. ..... arrangement is absolutely temporary and the sarpanch is an officiating sarpanch.7. as per section 17 of the act the post of sarpanch has to be filled up by direct election. in madhya pradesh nirvachan niyam, 1995 chapter iv deals with the preparation of the voters' list, its publication, claims and objections and finalisation of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT130
..... court in granting the decree for specific performance, the learned counsel for the appellant has not been able to point out as to how the trial court has faulted on acts or committed any error of law in the discretion exercised for grant of a decree of specific performance. i have gone through the evidence and findings recorded by the trial ..... is barred under the provisions of mukti adhiniyam, 1976. under section 5 of the mukti adhiniyam, 1976, rules have been framed in the year 1978, which came into force on 12-5-78. as per rule 1(2) of the rules of 1978, the objection is to be filed within a period of 12 months from the date of the publication of ..... 1978 rules. no application for condonation of delay was also filed therefore it has been held by the trial court that the objection was barred as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1998)145CTR(MP)226
..... that existence is not disputed.shri bagadia has placed reliance on thanthi trust vs . ito : [1973]91itr261(mad) british electrical & pumps (p) ltd. vs . ito : [1978]113itr143(cal) and k. m. bansal vs . cit : [1992]195itr247(all) to contend that communication of reasons are unavoidable and essential for tenability of the proceedings under s. ..... on two grounds :(a) reasons have not been communicated despite demand after compliance with the notice in regard to return. notice under s. 148 of the act is a serious proceeding resulting in dislodgement of earlier proceeding and eventual order. no person should be compelled to face another innings of assessment without disclosure of ..... contentions and have taken the stand that proceedings became necessary on the linchpin of material discovered in the search operations under s. 132(1) of the act and enquiry justifying reopening of the assessment. it is contended that law requires the existence of reasons and requisite belief on that basis and not the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT411; 2005(3)MPLJ26
..... of transfer, retirement or death of such additional sessions judge ?3. we may refer to the relevant provisions of the code, before considering the two questions.3.1. chapter xxxi of the code, containing sections 406 to 412, deals with transfer of criminal cases. section 407 of the code deals with power of high court to transfer cases ..... a criminal court subordinate to its authority to any other such criminal court of equal or superior jurisdiction. sub-section (2) of section 407 provides that the high court may act [in exercising the power under sub- section (1) of section 407] either on the report of the lower court, or on the application of a party interested, ..... may order that any particular case be transferred from one criminal court to another criminal court is his sessions division. sub-section (2) provides that the sessions judge may act either on the report of the lower court, or on the application of a party interested, or on his own initiative.3.3. section 194 of the code provides .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT610; 2001(3)MPLJ561
..... carrying forward of vacancy has already been approved as clear from the following observations:'11. ms. jaising, learned counsel for the employees contends that from 1978 onwards and until a further relaxation of service norms was provided for under the circular of 28-7-1983, various unfilled vacancies reserved for scheduled caste/scheduled ..... required qualifying marks, which were, admittedly, 40% and the cut off line which was drawn by the respondents was at 41%. therefore, the respondents clearly acted, contrary to the provision, made for reserved category and defeated the purpose of the rule permitting relaxation in the case of reserve category candidates. i am, therefore ..... where the number of candidates who had qualified at the written examination was not high, the respondents' decision was quite arbitrary and capricious and it clearly acted to the prejudice and detriment of the candidates who had obtained the qualifying marks in the written test. since the selection was to be made on .....
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