Court : Madhya Pradesh
Reported in : AIR1990MP224
..... was not obliged to go to, the rent controlling authority for fixation of the standard rent.29. navkar, j., did not consider the provisions of chapter ii or chapter iii of the act to find out whether the executing court itself had any obligation to make an inquiry and determine the standard rent of the accommodation for the purpose of ..... fixed the case for recording of the evidence for making an enquiry on the subject of standard rent. the tenant filed a revision petition (civil revn. no. 866 of 1978) which was rejected by j. p. bajpai, j., overruling the aforementioned pleas. it was also observed that the applicant could not be allowed to ask the aforementioned point ..... rulings.3. we shall be construing the provisions of sub-section (6) of section 12 in the context of other parts of the act; for this, we have the following authority of reserve bank of india v. peerless general finance and investment co. (1987) i scc 424 at p. 450 : air 1987 sc 1023 (at p, 1042), chinnappa reddy, j. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP150; 1968MPLJ854
..... , as stated in its return, is that the operation of transport services by viable units before the amendment effected in 1956 in the motor vehicles act, introducing chapter iv-a was altogether irrelevant; that when the corporation first decided to take over routes in the areas in which it was already operating, it ..... asked shri birbal the then general manager of the corporation to prepare a comprehensive phased programme for submission to the government with the estimates for allocation of finances. accordingly a three-phased plan was prepared with the following priorities :-- (i) in the first phase all national highways in the madhya pradesh and two ..... general manager of the corporation, therefore, asked the deponent to prepare a chased programme so as to forward to the government the estimates for allocation of finances. the corporation had in publishing its first batch of schemes, tentatively decided to take over the national highways after establishing on the routes on which it .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP1; 1974MPLJ699
..... that no intoxicant shall be imported, exported or transported except under a pass issued for the purpose and after payment of duly payable under the act. chapter iv of the act comprising of sections 13 to 24 deals with manufacture, possession and sale of intoxicants. as provided in section 13, no intoxicant can be manufactured ..... in wholesale or retail is to raise revenue. excise revenue forms an important part of every state's revenue. the government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. hence, quite naturally, the legislature has empowered the government to see ..... rectified spirit, denatured spirit, medicinal and toilet preparations as defined in the medicinal and toilet preparations (excise duties) act, 1955 (central act no. 16 of 1955), shall be deemed to be country liquor.' chapter iii of the act in which occur sections 8 to 12 deals with import, export and transport of intoxicants. the expressions 'import' and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ693
..... principle of administrative law that there is nothing like unfettered discretion immune from judicial reviewability (see jain and jain on principles of administrative law, 4th edition under chapter xv at pages 550 to 553). thus determining the scope of judicial control or review of administrative action, the only question, which can be considered by ..... wrongs' covered by entry 8. reliance is also placed on the decision in the case of state of karnataka v. union of india and anr., air 1978 sc 68.32. on the subject of legislative competence, we have looked into several legislative entries on which either side has placed reliance. we agree with the ..... impugned notification are concerning the official conduct of the ex-chief ministers and the officials connected with the matters of granting concessions and exemptions under the lottery act, to the society which conducted the lottery. here again the purpose of enquiry set up is to take consequential penal and departmental actions against the erring .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ869
..... sc 661. one must, therefore, before applying the legal fiction created by the aforesaid section 9 of the m. p. accommodation control (amendment) act, 1985, ascertain its purpose.'10. in chapter iii of the act, section 12(1) deals with the restriction on eviction of tenants. each of the clauses of section 12(1) provides separately and independently different causes ..... decision in shyama charan tiwari v. sheoji bhai, 1971 mplj 78 = 1971 jlj 130, and single bench decision in cases of shanti devi, 1981 mprcj 73; kailash narain, 1978 mplj 109 = 1978 (1) mpwn 446, and dayaldas, 1974 mplj 920= 1975 jlj 40.)14. therefore, the contention of shri k. s. tomar, learned counsel for the petitioner, is ..... right that once the requisite court-fees under section 7(xi)(cc) of court fees act, is paid on the application for treating the same as a plaint, or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT242; 2001(2)MPLJ419
..... , election petition filed before issuance of notification would be incompetent and cannot be taken up for consideration.there is another reason to support this view. chapter iii of the act deals establishment of panchayats, namely, gram sabha, gram panchayat, janapad panchayat and zila panchayat. section 29 deals with constitution of zila panchayat and section ..... discharge the functions of a prescribed authority under that provision. this provision in section 33 has to be read with rule 22 of the rules of 1995.chapter iv of the rules of 1995 deals with election of up-sarpanch, president and vice-president. under sub-rule (2) of rule 10 of the rules ..... ' in numerous pronouncements starting from n.p. ponnuswami v. returning officer, namakkal (air 1952 sc 64) reiterated in mohindersingh gill v. chief election commissioner (air 1978 sc 851), vs. achuthanandan v. p.j. francis and another, to mean the entire process starting from issuance of notification till declaration of result. the apex court .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP156; 1991(0)MPLJ36
..... therefore, that the provisions of sections 29, 30, 31 and 34 subserve the policy that resources of the corporations are efficiently husbanded and managed and their finances are not locked up with any particular industrial concern unduly and for that, special procedure for summary disposal of applications for enactment of securities pledged with the ..... counsel, shri suryavanshi also cited a large number of decisions to which we may briefly refer to reward his labour. in gujarat state financial corporation (air 1978 sc 1765), while expounding the scope of the application under section 31(1), their lordships observed that the application cannot be regard as one made for repayment ..... district judge. we readintrinsic evidence in section 24 for our view and that provision is the tone-setter of chapter iii which spans across section 24 to 33g, corporation's duty is stated therein to 'act on business principle, due regard being had by it to the interest of industry, commerce and general public.'4 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992ACJ200; [1993]76CompCas711(MP); 1992(0)MPLJ485
..... 168 as also section 173. no provision for any appeal against the order passed under section 140 is contemplated in the said chapter. the liability once determined by the tribunal, acting within the scope of its jurisdiction, with due satisfaction recorded in respect of the conditions precedent noticed in shivaji [1992] 75 comp ..... course of trial of the claim, it does carry also the implication that the finality of that interim order is not impugnable under any provision of chapter xii. indeed, the legislature's competence to make non-appealable any interim order is beyond dispute, and the provisions of sections 96 and 104, ..... be interpreted, it has been authoritatively held, to effectuate the directive principles and to ensure that those are not defeated. see, in this connection, pathumma : [1978]2scr537 and ranjan dwivedi : 1983crilj1052 . a country without a written constitution, england, is also veering increasingly to lean on purposive interpretation. the house of lords decision .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP19
..... decree or order. it is thus manifest that execution proceedings are different in concept and content from other proceedings permissible under the law. section 23-h of the act contained in chapter-iii-a, and inserted with effect from 16-8-1983, lays down that the provision of section 13 shall apply 'mutatis mutandis' in respect of an application ..... 24-8-1995. on 4-1-1996, learned single judge felt that this matter should be heard by a larger bench and thus resorted to rule 9(1) of chapter-i of high court rules. hon'ble the chief justice then on 14-2-1996 ordered placement of this case before regular division bench. 4. the core question, ..... include any proceeding under article 226 of the constitution. as held in air 1962 sc 1886 (dokku bhushyya v. katragadda ramkrishnayya) and based on that decision in single bench decision 1978 (1) mpwn 326 (mohan singh v. shrikrishandas), provisions are not applicable to execution proceedings. it is also laid down by order xxii, rule 12 of the code that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP53
..... determined. the provision regarding suspension of legal proceedings contained in section 22(1) seeks to advance the object of the act by ensuring that a proceeding having an effect on the working or the finances of a sick industrial company shall not be instituted or continued during the period the matter is under-consideration before the ..... either party to the contract which underlay the guarantee was in default. see, edward owen engineering ltd. v. barclays bank international ltd., (1977) 3 wlr 764 : (1978) 1 all er 976. in united city merchants investments ltd. v. royal bank of canada, (1982) 2 all er 720, it was said that the whole commercial ..... basis of the facts which were pleaded before the trial court. these are as under:--the appellant is a joint sector limited company, incorporated under the indian companies act, 1956. according to it, government of madhya pra-desh, nationalised banks and financial institutions are shareholders. their share holding is over 70%. raw material used to .....
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