Court : Madhya Pradesh
Decided on : Nov-24-1998
Reported in : 1999CriLJ1742
..... nath v. collector central excise, allahabad air 1979 all 128, decided by a division bench; in spite of the explanation inserted in section 141 by the civil procedure code (amendment) act, 1976, the salutary principles enshrined in the civil procedure code governing the trial of civil suits may be applied to the proceedings excepting the cases of habeas corpus petitions under ..... and that is why the state is known as a welfare state.42. this court in its decision in the case of the 'ad hoc' committee, the indian insurance company association pool v. smt. radhabai reported in air 1976 madh pra 164 at page 168 had clarified that the socio-economic and welfare activities stand on ..... the petitioners had alleged that vinod kumar gupta, the deceased, had been arrested by the police for having committed offences under sections 353, 336, 337 and 427, ipc for breaking the windscreen of fire-brigade vehicle no. cpm/ 7924 by pelting stone and causing simple injuries to one albelsingh on 1-4-1995 at 10.30 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-24-1998
Reported in : AIR1999MP168; 1999(2)MPLJ122
..... disputes to which the state government or a public undertaking is a party and for the matters incidentally thereto or connected therewith. later on, by amendment by act no. 9 of 1990 the public undertaking was qualified by adding wholly or substantially owned or controlled by the state government. thus, the purpose of ..... the work of compaction and watering was withdrawn from the respondent-contractor for which he filed an application under section 20 of the indian arbitration act, 1940 (hereinafter referred to as 'the act') in the court of the learned district judge, durg who appointed a commissioner for recording the measurements and directed the state ..... the tribunal arrived at the conclusion that the proceedings initiated before the civil court for appointment of arbitrator under section 20 and section 8 of the indian arbitration act prior to commencement of the adhiniyam were not saved under section 20(2) of the adhiniyam; and the tribunal has jurisdiction to adjudicate the controversy .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-23-1998
Reported in : [2000]246ITR363(MP)
..... such a preliminary statement before the commencement of the search could not be recorded under the provisions of section 132(4). to overcome these difficulties, the amendment act, 1987, has amended the said sub-section (1a) to extend similar powers to the director-general or director. as per the new definition of 'director-general or director ..... thing represents either wholly or partly income or property which has not been, or would not be, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act (hereinafter in this section referred to as the undisclosed income or property), then,-- (a) the director-general or director or the ..... valuable article or thing and any statement made by such personduring such examination may thereafter be used in evidence in anyproceeding under the indian income-tax act, 1922 (11 of 1922), or underthis act. explanation.--for the removal of doubts, it is hereby declared that the examination of any person under this sub-section may be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-23-1998
Reported in : (2000)159CTR(MP)53
..... such a preliminary statement before the commencement of the search could not be recorded under the provisions of section 132(4). to overcome these difficulties, the amendment act, 1987 has amended the said sub-section (1a) to extend similar power to the director general or director. as per the new definition of 'director general or director' ..... thing represents either wholly or partly income or property which has riot been, or would not be disclosed for the purposes of the indian income tax act, 1922 (11 of 1922) or this act( hereinafter in this section referred to as the undisclosed income or property).then,-(a) the director general or director or the chief commissioner ..... or thing and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the indian income tax act, 1922 (11 of 1922), or under this act. explanation. : for the removal of doubts, it is hereby declared that the examination of any person under this sub-section may .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-13-1998
Reported in : AIR1999MP96; 1999(1)MPLJ148
..... in the gazette of india (extra ordinary) part ii dated 9th july 1998. by this notification, provisions of the prevention of food adulteration act 1954 and the rules framed thereunder have been amended. the notification reads as under:ministry of health and family welfare (department of health) notificationnew delhi, the 27th november 1997g.s.r. ..... of idd and which will result in improved quality of life.5. the petitioner also drew our attention to a communication of national institute of nutrition. indian council of medical research, hyderabad dated 19th march 1991. in this communication, it is emphasised that consumption of iodised salt by persons not suffering from ..... 16 districts which suffer from idd. on the basis of survey report conducted at the national level, a decision was taken to amend the provisions of the prevention of food adulteration act thereby making theconsumption of iodised salt as a must. the detailed report of the national idd control programme survey has been placed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-09-1998
Reported in : 1998(2)MPLJ604
..... rules made from time to time which are adopted by the corporation with the confirmation of the state government as envisaged under section 430 of the act and not the amendment made in the fundamental rules, 1956 as contained in the m. p. shaskiya sewak (adhivarshiki-ayu) adhiniyam, 1967, the application whereof stood confined ..... apply mutatis mutandis to the officers and servants of the corporation as they apply to the government servants of the state other than the member of the indian administrative service, the altered service conditions as contemplated under the m. p. shaskiya sewak (adhivarshiki-ayu) sanshodhan adhyadesh, 1998 extending the age of superannuation ..... mutatis mutandis to the officers and servants of the corporation as they apply to the government servants of the state other than the members of the indian administrative service.'10. the learned counsel for the petitioner strenuously urged that since it was provided in the aforesaid byelaw that the fundamental rules made .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-04-1998
Reported in : (1998)IILLJ1135MP
..... a resolution for such discontinuance has been passed by each house of parliament.'it is to be noted here that the aforesaid section was substituted by the official language (amendment act), 1968 (1 of 1968). mr. tankha has placed emphasis on sub-section (4) which envisages that persons serving in connection with the affairs of the union ..... order authorise the use of the hindi language in addition to the english language and of the devanagari form of numerals in addition to the international form of indian numerals for any of the official purposes of the union.(3) notwithstanding anything in this article, parliament may provide for the use, after the said period ..... felt that modern education would keep at bay the catastrophe caused due to ignorance of modernism, and british premier, macaullay, thought it appropriate to make the indians educated and learned in english as that would open new vistas of knowledge for them. the saying-learning of a language is sometimes a luxury-was not the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-31-1998
Reported in : AIR1998MP328; 1998(2)MPLJ370
..... as to contravene the fundamental right conferred upon citizens by article 15(1). it is because this difficulty was realised that the constitution had to be amended, and the amendment to article 15 provides that nothing in article 15 shall prevent the state from making any special provision for the advancement of any socially backward class of ..... and 165 of the code of criminal procedure, 1898, since no report of any offence committed by the petitioner was made to the police in india, and the indian police were not authorised to make any investigation. in those circumstances, the court held that the seizure was not with the authority of law and amounted to an ..... object. on account of aims and objects of the said society, it was exempted from operation of section 20( i) of the urban land (ceiling and regulation) act, 1976. petitioner also applied for grant of coloniser's licence, as required under section 24 of m.p. vinirdishta bhrishta acharan nivaran adhiniyham, 1982. while granting the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-20-1998
Reported in : AIR1999MP91; 1998(2)MPLJ478
..... of aboriginal tribe which was transferred by fraud.-(1) every person who on the date of commencement of the madhya pradesh land revenue code (amendment) act, 1980 (hereinafter referred to as the amendment act of 1980) is in possession of agricultural land which belonged to a member of a tribe which has been declared to be an aboriginal ..... tribe under sub-section (6) of section 165 between the period commencing on the 2nd october, 1959 and ending on the date of the commencement of amendment act, 1980 shall, within two years of such commencement, notify to the sub-divisional officer in such form and in such manner as may be prescribed, all the ..... 227/b-121-77-78, and the application of the transferer, sukka was ultimately dismissed.8. subsequent to the enforcement of the madhya pradesh land revenue code (amendment) act, 1980, a committee had been constituted to investigate into the cases where action was warranted in view of the new provisions in section 170 brought into force vide .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-15-1998
Reported in : (2000)ILLJ587MP
..... may 23, 1996 published in m.p. rajpatra on may 25, 1996 issued under section 5 (i) (b) of the minimum wages act, 1948 read with minimum wages (m.p. amendment and validation) act, 1961 increased the variable dearness allowance in respect of the employees working in bidi manufacturing concerns to 2 paise. while fixing so, the state ..... by subsequent notification, from october 1, 1997 and therefore, the demand made by the respondents has authority in law. it is relevant to state here as the amendment to the writ petition was filed and the same was allowed by order dated january 1, 1998 an additional reply has been filed by reiterating their earlier stand and ..... though initially was given effect to from the date of publication in m.p. rajpatra, later on by notification dated july 14, 1997 an amendment was incorporated which reads as under:'amendment'in the said notification for the words from the date of publication of the notification in the 'madhya pradesh gazette' the words and figure 'from .....
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