Court : Madhya Pradesh
Reported in : 2003(2)ARBLR283(MP); 2003(1)MPHT558
..... appointment of an arbitrator before the high court but subsequently the prayer was withdrawn by the appellant. in the meantime on 15-2-1997, an application under section 9 of the act of 1996 was filed by the appellant before the district court seeking interim relief pending arbitration on the ground that there was an arbitration agreement dated 5-6 ..... pari materia with the provisions of section 31(4) of the arbitration act, 1940 (for short 'the act of 1940') with some minor changes. the counsel for the appellant has placed reliance on thedecisions by the supreme court in the case of sundaram finance ltd, v. nepc ltd. [(1999) 2 scc 479] and ador samia ltd. v. peekay holdings ltd. [(1999) 8 ..... scc 572]. he has further placed reliance on a decision in the case of p. anand. gajapathy raju v. p. kg. raju [(2000) 4 scc 539] in which the word 'court' as defined in section 2(1)(e) of the act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(2)MPHT246
..... could be granted in view of the provisions of section 38 and section 41 of the specific relief act, 1963 (47 of 1963); or(b) to stay, the operation of an order for transfer, suspension, reduction in rank, compulsory retirement, dismissal, removal ..... also appointed by the state government. the state government has the power to issue directives or instructions to this society as it thinks fit in regard to the finance and the conduct of the business and affairs of the society and it shall duly comply with and give effect to such directives or instructions. the society ..... jurisdiction to issue the order of temporary injunction in view of the proviso to order 39, rule 2 (2), cpc which has been added by madhya pradesh state amendment act (no. 29 of 1984) from 14-8-1984. the proviso is as under :--'provided that no such injunction shall be granted-- (a) where no perpetual injunction .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ481
..... therefore, he cannot be saddled with the responsibility of paying the interim compensation to the claimants (resp. 1 to 4) in view of the provisions of section 140 of motor vehicles act.3. shri z. a. khan learned counsel appearing for respondents 1 to 4 submitted that the deceased died in the accident which took place on 2- ..... to be financer of the tractor in question can be saddled with the liability of paying interim award to the claimants in view of the provisions of section 140 of motor vehicles act. he needs to be and stands exonerated so far as liability of paying interim compensation amount to claimants in view of section 140 of motor vehicles act. so ..... m/s pamecha motors finance, the appellant for assailing the interim award which has been passed by motor accident claims tribunal, neemuch on 13-1-1995 by which the appellant has been directed to pay interim compensation of rs. 25,000/- to respondents 1 to 4 in view of provisions of section 140 of motor vehicles act, 1988 (hereinafter .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2003]128TAXMAN751(MP)
..... chapter xii-a;(b) authorised dealer shall have the meaning assigned to it in clause (b) of section 2 of the foreign exchange regulation act, 1973 (46 of 1973)'.8. this section 194a has been inserted in the income tax act, 1961 by the finance (no. 2) act, 1967 with effect from 1-4-1967, which relates to deduction of income-tax at source from interest ..... . under this new section tax deduction at source is permissible in respect of interest on compensation on compulsory acquisition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT123
..... or favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always available ..... foreign collaborations, is without substance. selection of a competent contractor for assigning job of supply of a sophisticated article through an open-tender procedure, is not an act of creating monopoly, as is sought to be suggested on behalf of the petitioners. what has been argued is that the terms of the notices inviting tenders ..... resources to successfully execute the work. article 14 of the constitution prohibits the government from arbitrarily choosing a contractor at its will and pleasure. it has to act reasonably, fairly and in pubic interest in awarding contract. at the same time, no person can claim a fundamental right to carry on business with the government .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT143
..... 1963 rules provides for different committees namely the executive committee, the enrolment committee, the disciplinary committees, the finance committee, the examination committee, the rules committee, the legislation or reforms committee and the privileges committee and is relatable to section 9 of the act. chapter ii of the rules of 1963 provides for staff of the bar council and the qualifications ..... employer to decide what would be the equivalent cadre for the secretary of the bar council. a resolution has been adopted by the state bar council on 31.11.1978 as under:resolution no. 253/78/ec dt. 13/11/78 dt. 13/11/78. it was resolved that pay scale of the secretary will be at par ..... state bar council are being paid the salary as applicable to the staff of the high court of madhya pradesh. he further submitted that by resolution dated 13.11.1978 the state bar council has resolved that the pay -scale of the secretary will be at par with the additional district judge and the pay -scales of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP268; 1990MPLJ353
..... all encumbrances from the date of declaration. payment of compensation for the surplus land vesting in the state is contemplated under chapter iv of the act (section 16 et. seq.), but under section 13-a, the state government can also claim compensation from the holder for profits on surplus land earned by him during the period the ..... the impugned order, passed on 15-4-1982, annexure d, learned president of the board of revenue accepted the request of the state government to act suo motu under section 42 of the act. it appears that counsel for the non-applicants (instant petitioners) was heard by him and the latter had raised a preliminary objection that the ' ..... supposed to legislate irrationally, arbitrarily or unobjectively to produce absurd or ridiculous result. (see tirath singh, air 1955 sc 830; mahadeo kanodia, air 1960 sc 936), azad bharat finance co., air 1967 sc 278, budhan singh, air 1970 sc 1880, r. s, nayak, air 1984 sc 684, american home products corporation, air 1986 sc 137). .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP188; 1979MPLJ555
..... cantonment board, to the extent of tax, if any, payable by the assessee in respect of the lands or buildings to the cantonment board under the cantonments act, 1924. section 36(1) prohibits a local authority, to which the adhiniyam is made applicable, to impose or recover property tax on the annual letting value of any land ..... on lands and buildings within cantonment areas. we will assume for purposes of these petitions that the cantonment board, jabalpur, has imposed property tax under section 60 of the cantonments act, that the petitioners are paying property tax on lands and buildings in their possession to the cantonment board. there is also no difficulty in accepting the ..... was the urban property tax levied in the city of bombay for the purpose of provincial government and the house tax levied by the municipality at bombay for its own finances. the learned judges agreeing with the view expressed by a division bench of this court in mulji sicka & co. v. dist. council, bhandara, air 1945 .....
Tag this Judgment!Court : Madhya Pradesh
..... also seek instructions from the state of madhya pradesh in respect of the steps taken by the state of madhya pradesh for giving effect to the provisions of aforesaid act in letter and spirit. the aforesaid reply be filed along with necessary information by both union of india and state within a period of four weeks, as prayed ..... act and also what provision has been made by the union of india for providing finance for enforcement of the provisions of aforesaid act, because for enforcement of aforesaid provision certain infrastructural facilities are to be provided in the state of madhya ..... annexures to sarvashri sharma and pandey, within a period of one week. as in the case, petitioner is seeking enforcement of provision as contained in mental health act, 1987, shri sharma shall seek instructions from union of india in respect of the steps taken by the union of india for enforcement of the aforesaid .....
Tag this Judgment!Court : Madhya Pradesh
..... credit facility as non-performing asset, leading the respondent no.2, the financer, to initiate action under section 13 of 2002 act. that, in furtherance thereto, an application under section 14 of 2002 act was filed before the district magistrate, raisen. section 14 of 2002 act empowers the chief metropolitan magistrate or district magistrate to assist secured creditor in ..... grounds on which initiation of action by respondent no.2 under section 14 of the 2002 act is being questioned could not be decided by the tribunal as to whether the finance company like the respondent no.2 is a "secured creditor" under the 2002 act. however, taking into consideration the fact that the order ..... impugned has been passed in purported exercise of power under section 14 and as held in united bank of india v. .....
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