Court : Madhya Pradesh
Reported in : AIR1986MP88; 1985MPLJ616
..... for damages but cannot compel specific performance of the contract. it was not disputed that the gujarat state financial corporation which is set up under section 3 of the state financial corporation act is an instrumentality of the state and would be 'other authority' under article 12 of the constitution. by its letter of offer and the ..... gujarat state financial corporation v. lotus hotel pvt. ltd., air 1983 sc 848. in that case, as already discussed the agreement itself envisaged the possibility of a re-finance not being available and provided that, in that contingency, the corporation's loan woul carry interest at 13% p. a. despite the specific provision to this effect ..... the state in exercise of its executive power would violate article 14 of the constitution is now well entrenched in our law by the rulings in maneka gandhi, air 1978 sc 597, r.d. shetty, air 1979 sc 1628 and gujarat state financial corporation, air 1983 sc 848. it is, therefore, unnecessary to discuss these principles .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP115
..... that it was a jain public temple and though it received financial aid from the ratlam state and the madhya bharat government and though the management of the temple finances and the property was supervised and controlled by the state, the actual management and possession of the temple was vested in the panchas belonging to the jain community ..... madhya bharat gave financial aid to the temple which was managed by panchas belonging to the jain community; that the ratlam darbar only supervised the management of the finances, properties and the estate of the temple; that the expenses of the temple were always borne by the members of the jain community; and that the temple ..... and peace'. we are not, however, concerned with the motives of either side. it may be that the collector and the tehsildar acted with the best of motives feeling sympathy for the efforts of a section of the hindu community of ratlam to rise to a high form of worship of shiva for gaining strength, inspiration, consolation and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP247; 2007(1)MPLJ256
..... by the state government under central or state enactment are included in the aforesaid definition. the word 'corporation' has been defined under section 5(13) of the act of 1956.section 5(13) - 'corporation' means the municipality of a larger urban area.the same is the definition provided under article 243q(1)( ..... seats, duration of municipalities, disqualifications for membership, powers, authority and responsibilities of municipalities, power to impose taxes by, and funds of, the municipalities, finance commission, audit of accounts of municipalities, elections to the municipalities and continuance of existing laws and municipalities. therefore, now for the aforesaid purposes provisions have been ..... on the constitution bench decision of the apex court in the case of mohinder singh gill v. the chief election commissioner, new delhi : [1978]2scr272 on the question that validity of order should be judged by the reasons given in the order alone and subsequent material supplied should not be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)192CTR(MP)423; [2005]274ITR625(MP)
..... . claims of the assessee in respect of both the years and came to hold that the assessee was not entitled to claim deduction under section 36(l)(viii) and section 80m of the act independently on the gross dividend income. the assessee being aggrieved preferred an appeal before the cit(a) who dismissed the appeal. being dissatisfied ..... (1 of 1956);(c) 'government company' shall have the meaning assigned to it in section 617 of the companies act, 1956 (1 of 1956);.(d) 'infrastructure facility' shall have the meaning assigned to it in cl. (23g) of section 10;(e) long-term finance' means any loan or advance where the terms under which moneys are loaned or advanced ..... co. of india ltd. vs . their workmen : (1969)illj785sc , cit vs . century spg. & mfg. co. ltd. : [1953]24itr499(bom) ; duncan bros. & co. ltd. vs . cit : [1978]111itr885(cal) ; cit vs . eyre smelting (p) ltd. : [1979]118itr857(cal) . in view of the aforesaid enunciation of law it rings as a bell that no actual expenditure is really .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP1; 1974MPLJ699
..... control of mahua (bassia latifolia and bassia longifolia) or any other base which is or which can be utilized for the manufacture of liquor.' furtheron section 9 of the act is as follows:--'section 9.-- restriction on import, export or transport.-- without the sanction of the state government no intoxicant shall be imported, exported or transported, except - ..... justice, bishambhar dayal, was a case of foreign liquor and in that division bench case a distinction was drawn between the provisions of section 27 and section 28 of the act and the provisions along with the rules were rle-iclared to be constitutional and not invalid on the ground of excessive delegation or on ..... liquor 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 that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1995MP1
..... as a whole, which we have enumerated above.'25. in state of m.p. v. azad bharat finance co., air 1967 sc 276 : 1967 cri lj 285, the court considered section 11(d) of the opium act, 1878, as applicable to madhya pradesh which stated, inter alia, that 'the property detailed hereinbelow shall be confiscated' and held ( ..... confiscation conferred on the authorised officer under sub-section (2a) of section 44 of the act is separate and distinct from the power of the magistrate to direct confiscation on conviction of an accused under section 45.....'the court approved the view taken in state of andhra pradesh v: p. k. mohamed, (1978) 1 aplj 391, that when seized ..... in smt. haji begum v. state of andhra pradesh, 1979 cri lj noc 42 (full report in 1978 (2) aplj 191), where it was held that the power of the authorised officer and that of a magistrate under section 45 were mutually exclusive and, therefore, there could not be simultaneous proceedings for confiscation before the authorised officer .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP107; 1994(0)MPLJ387
..... this court. the first contention,therefore, raised by the applicant-claimantthat clause 51 of the agreement is per se illegalbeing in conflict with the provisions of section 7 ofthe act fails. the machinery provided underclause 51 is to prevent or to reduce unnecessarylitigation.30. the view taken by the arbitration tribunal in jaiswal construction (supra) ..... months, moreover, when the agreement contemplated extension of period which were admittedly granted to the contractor on his requests. the contract was not void under section 56 of the contract act.8. the tribunal recorded a finding in para 13 as under:(a) the action of the department, obviously, amounts to breach inasmuch as the ..... this limitation.more recently, however, the operation of the doctrine has been the subject of a complete reappraisal by the courts. the movement began in u.g.s. finance. ltd. v. national mortgage bank of greece (1964) 1 lloyd's rep. 446 at p, 450, where pearson i.j. expressed the opinion that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1988]69STC1(MP)
..... to it which is illegal and ultra vires as it amounts to rescission of exemption already conferred by 1981 notification as the provisions of sub-section (2) of section 12 of the act do not empower the state government to rescind any exemption with retrospective effect. the petitioners are, therefore, seeking to quash the subsequent notification dated ..... 3rd july, 1987 (annexure-g) purporting to withdraw the exemption and a declaration that it has been issued in violation of sub-section (2) of section 12 of the act. a further relief has been sought for issuance of a direction to the industries department/district industries centre, guna, to issue eligibility certificates to ..... state of orissa v. dinabandhu sahu & sons [1976] 37 stc 583 (586) observed that 'it cannot, however, be denied that the ministry of finance, department of economic affairs, is intimately conversant not only with the policy of legislation for the purpose of implementation of the provisions of the central .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ709
..... there is no other alternative suitable accommodation available in the local area of indore. a certificate no. 230/be/w, dated 1-12-1981, as required under section 20-aa of the act, issued by the controlling officer, shri v. k. agrawal, divisional engineer, west city division, mpeb, indore, was produced. the appellant denied all the allegations, ..... the mpeb on attainment of the age of superannuation.5. shri a. k. chitale, learned counsel for the appellant, contended that the special provision under section 20-aa of the act is in the nature of a draconian law, as merely by filing a certificate issued by the controlling officer of the retired government servant, a decree ..... the food corporation of india cannot be said to be a government department. a government department has to be an organisation which is not only completely controlled and financed by the government but has also no identity of its own. the money earned by such a department goes to the exchequer of the government and losses .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP62; 2002(1)MPHT84; 2002(2)MPLJ195
..... the union can legislate with respect to duties on excise under entry 84 list i, seventh schedule to the constitution. careful reading of the ordinance/act demonstrates that section 3 (2) does not levy cess on the production of electrical energy produced by captive power unit or diesel generator set with capacity existing 10 ..... in respect of which the impugned cess is calculated at the rale of 20 paise per unit on the total energy produced. sub-section (4) of section 3 of the act of 1949 outlines the purposes for the utilisation of cess collected through mpseb for the development of energy but there is no legislative entry ..... policy. unfortunately, industrial growth did not take place and instead existing industrial consumers shifted to captive generation reducing or terminating their contract demands. this affected the finances of the electricity board resulting into heavy losses. in case, the electricity board generates sufficient money, it would be able to purchase more power for supply .....
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