Court : Madhya Pradesh
Reported in : AIR1978MP86; 1978MPLJ172
..... july 1971, but not thereafter. the petitioner applied for appearing in the examination of 1976. he was, therefore, not eligible. section 5 of that act runs thus:--'5. notwithstanding anything contained in this act or the statutes, ordinances and regulations made thereunder.(i) any student of a college situate within the territorial limits of the university ..... support of the proposition that there can be no estoppel against statute. maritime electric co. ltd. v. general dairies ltd. (1937) 1 all er 748; re parent trust & finance co. ltd. (1937) 4 all er 396; southend-on-sea corp. v. hodgson (wickford) ltd. (19-61) 2 all er 46; kok hoong v. leong cheong ..... prescribed by the statutes for the instruction, teaching, training and examination of such students in accordance with the course of studies of the university of saugor.''this section merely provides that a candidate who conies within clause (i) or (ii) shall be permitted to complete his course in the manner prescribed by the statutes for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP172; (1963)ILLJ606MP
..... proceedings initiated for conciliation, the petitioner referred the industrial dispute for arbitration to the respondent 2 under section 38a (1) of the act. the main basis for the demands was that the company had made 'considerable progress in finances and revenue income from the year 1947 onwards upto 1955-56''.the company, resisting the demands ..... the jubbulpore electric supply co., ltd. (respondent 1), served upon the company on 4th january 1957 a notice under section 32 (1) of the central provinces and berar industrial disputes settlement act, 1947 (hereinafter called the act making the following demands :(i) merger of 50 per cent of the dearness allowance in wages. (ii) provision ..... gopal, 1956 scr 956 : ((s) air 1957 sc 104), for the view that the act is wider than the industrial disputes act, 1947 (xiv of 1947) and read to us several provisions of the act, including clause (14) of section 2, to show that thereunder an individual unit could be an industry. our attention was also .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1995MP245; 1996(0)MPLJ966
..... law made by the legislature of a state.' parallel provision in regard to election to state legislature is article 329 of the constitution.8. section 42 of the act reads thus:'section 42 -- commission conduct of election -- the superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections ..... given.' the court followed the observations of the constitution benches in n.p. ponnuswami's case, air 1952 sc 64 and mohinder singh gill's case, air 1978 sc 851 and observed (at p. 926, para 21) :'indeed, if we were to accept the contention of the respondents, it would convert the commission ..... provisions of part ix of the constitution incorporated by the constitution 73rd amendment act, 1992. the power to make appropriate provisions with respect to composition of panchayats, reservations of seats, powers of authority and responsibility of the panchayats, composition of finance commission, audit of accounts etc. have been conferred by various articles in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)ILLJ358MP; 2000(1)MPLJ26
..... trustees constituted under section 3a of the coal mines provident funds and miscellaneous provisions act, 1948 (46 of 1948), or the central board ..... dispute concerning (a dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or the industrial financial corporation of india established under section 3 of the industrial finance corporation act, 1948 (15 of 1948), or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)226CTR(MP)497; [2009]181TAXMAN50(MP)
..... raj.). it will be rather unreal and hyper-technical to hold that the assessee-society is only a financing body and will not come within the scope of 'other educational institution' as specified in section 10(22) of the act. the object of the society is to establish, run, manage or assist colleges or schools or other ..... to impart education at the levels of colleges and schools and so, such an educational society should be regarded as an 'educational institution' coming within section 10(22) of the act.... (p. 317)after so stating, their lordships proceeded to state as follows:.after meeting the expenditure, if any surplus results incidentally from the ..... their lordships referred to the decisions rendered in sole trustee, loka shikshana trust's case (supra), aditanar educational institution's case (supra), katra education society v. ito : [1978] 111 itr 420 (all.), governing body of rangaraya medical college v. ito : [1979] 117 itr 284 (ap), secondary board of education's case (supra) and came .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1998)IIILLJ975MP
..... the employer of being heard before recovering the said damages, it is not for the corporation to raise any dispute before the employees' insurance court under section 75 of the esi act and as pointed out by the learned counsel for the respondents, the petitioners could have approached the said court if they felt aggrieved. we, therefore ..... have also gone through the impugned orders and we find that while in relation to notice dated july 25, 1978 full damages have been assessed in view of the delay, in relation to notice dated july 25, 1978, evenwhen the damages were proposed in the sum of rs. 1,89,890, the damages ultimately assessed ..... sub-section (2) of section 3 of the national act, the petitioner no. 1 being the subsidiary of the national textile corporation limited.5. according to the petitioner, the sick textile undertakings, which were nationalised, were in a state of acute crisis. the plant and machinery of these undertakings were old and revival needed substantial inputs of finances, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(1)MPHT266
..... its election within the stipulated period it was superseded and the joint registrar, co-operative societies, in exercise of the power conferred on him under sub-section (8) (ii) of section 49 of the act appointed the collector, mandla, as officer-in-charge of the bank and directed him to manage the affairs of the bank till the elections were held. ..... or approval of the registrar before passing any order. the aforesaid submission is really to be tested as contended by mr. gupta on the touchstone of sub-section (4) of section 53 of the act. in the said provision the terms 'subject to control of registrar' and 'subject to instruction as he may, from time to time gives' are used. ..... words can not be taken out of context. in this regard we may profitably refer to the decision rendered in the case of reserve bank of india v. peerless general finance and investment co. ltd., (1987) 1 scc 424. in the said case it has been held as under:--'33. interpretation must depend on the text and the context. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP258
..... unit.' 9. submission of mr. dabir is that the state government is required to fix the price in consultation with the committee constituted under section 6 of the act but unfortunately such a committee has never been constituted. in the case of ram kumar asati (supra) the learned single judge after taking note ..... the committee shall tender its advice to the state government within such period as the state government may, for each committee, specify in this behalf.' section 7 of the act deals with fixation of price in consultation with committee. it reads as under :'7. government to fix price in consultation with committee :-- the state ..... fixing the rates of the forest produce under the provisions of section 7 of the act. the state further submits that vide notification dated 7-8-1974 inter departmental committee was constituted for rationalising forest produce. this committee consists of forest minister, finance secretary, forest secretary and secretary commerce and industries and some other .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ1496; 2000(2)MPLJ221
..... decide if the owners of both the vehicles are liable to pay compensation on account of collision between the two vehicles. the language of sub-section (1) of section 140 of the act shows that both the owners of the vehicles involved in the accident can be made liable jointly and severally to pay compensation, either in respect ..... two vehicles and two owners, then both the owners can be made liable on account of collision between the two vehicles. the words used in sub-section (1) of section 140 of the act are 'an accident arising out of the use of motor vehicle or motor vehicles'. in this case, two motor vehicles are involved. obviously, they ..... of the motor vehicles act for death of rama bai, aged about 30 years, to the appellants against respondent no. 1, munnalal, driver of the truck, respondent no. 2 capital roadways and finance private limited, chhola road, bhopal and respondent no. 3, oriental insurance co. ltd., napier town, jabalpur.2. disposal of this appeal shall also govern the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2010)228CTR(MP)497; [2009]310ITR341(MP)
..... which had to be repaid to the assessee.in our opinion, the appellant is entitled to interest under section 244 and/or section 244a of the act in accordance with the terms and provisions of the said sections.12. in cit v. cholamandalam investment and finance co. ltd. [2007] 294 itr 438 (mad), it was held as under (headnote):. that in ..... 1991-92, 1992-93, 1994-95 and 1995-96. the question for determination fundamentally and basically is whether the society is entitled to interest on interest under section 244a of the act. the case of the assessee before the authorities below was that on the date refund was given, from that date interest should have been given. as ..... view of the express provisions of the income-tax act, 1961, an assessee was entitled to compensation by way of interest for the delay in the .....
Tag this Judgment!