Court : Madhya Pradesh
Decided on : Dec-20-2014
..... of the term of office. this being a special feature, the president of the municipal council cannot be termed as a councillor in any manner after the amendment in the act. earlier the no confidence motion was moved against a president, who was elected by the elected councillors themselves and who was one of them. therefore, the ..... that only the councillors are required to make a proposal for recall of the president. since the interpretation of the said provisions is also required, the amended provisions of section 47 of the act are reproduced, which read thus : "47. recalling of president.- (1) every president of a council shall forthwith be deemed to have vacated his ..... , which were not in consonance to the prescribed law in the constitution of india. however, the provisions of section 19 of the act were inserted vide an amendment made on 21.04.1997 by m.p. act no.18 of 1997. the provisions of section 19 consisting of composition of municipal council or nagar panchayat read thus : "19. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-19-2014
..... -aa, it is clear that such action can be taken if cooperative society fails to fulfill its obligation. i find support in my view from aims and objects of the amendment act reproduced herein above. thus, the action of the registrar in initiating action by issuance of show cause notice is clearly impermissible. the impugned order, annexure p-2, based on such ..... goes to the root of the matter and needs serious consideration. section 48-aa (i) is inserted by amendment act 2009 (no.2 of 2010). in statement of objections and reasons of said amendment act, it is mentioned that "(10) section 48-aa is being amended to empower the registrar to take action if the cooperative society fails to fulfill its obligations". the obligation flowing .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-09-2014
..... about the contingency when the office of vice-chancellor becomes vacant due to death or resignation. clause 6.2 (iii) of the regulations 2010 has not been amended by regulations of 2014 vide notification dt.1st may 2014. the aforesaid clause specifically provides contingency in case of office of regular vice chancellor becoming vacant. hence, ..... be a substitute of a regular person. keeping the post vacant for such a long period near about two years is contrary to the object of the ugc act and regulations of 2010. it would adversely affect the standard of education. lnipe was established with an object to provide excellence in imparting sports education. it is ..... have been framed by the university grants commission in exercise of powers conferred under clauses (f) and (g) of sub- section (1) of section 26 of the ugc act. the relevant provisions read as under :- "(f) defining the minimum standards of instructions for the grant of any degree by any university; (g) regulating the maintenance of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-03-2014
..... shri jain appearing for the petitioner that the impugned order passed by the court below is patently illegal erroneous and against the settled principles of law because amended proviso given under section 151 of the act does not preclude the court to take cognizance on a private complaint. it is thus submitted that the court-below committed mistake in refusing to take ..... to take cognizance for non-compliance of the mandatory procedure prescribed in second proviso of section 135(1) (a) of the act 2003. the cognizance was also refused on the ground that amended proviso given under section 155 of the act authorises the court to take cognizance only upon a report of police officer under section 173 of cr.p.c. it was .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-25-2014
..... confer jurisdiction or an authority on a tribunal. in that case this court held that constitution bench has no power to give direction contrary to criminal law amendment act, 1952. the direction per majority was held to be void." 19. next question is, whether having travelled at substantial distance in an arbitration proceedings, one ..... (petitioner) was dismissed. 6. aggrieved, the state govt. and its functionaries brought an action under section 34 of ac act on 28.10.2010; wherein, on 7.8.2013, an application seeking amendment in the objection under section 34 was filed to the effect of incorporating the objection as regard to jurisdiction of the arbitrator ..... to entertain the dispute under ac act on the plea that being a 'work contract' and the state government being one of the parties to the contract, the jurisdiction lay with the arbitration tribunal constituted under the m.p. madhyastham adhikaran adhiniyam, 1983. the amendment was objected at by the respondents herein on .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-25-2014
..... dismissed". 2. the writ petition called in question the validity of provisions of the court fee (m.p. amendment) act, 2008 in so far as it substitutes article 11 a(i) in the second schedule appended to the court fee act, 1870, stipulating "(ii) in article 11, for clause (a) and entry relating thereto, the following ..... claimants, who have received compensation, have been made liable to pay ad valorem court fee like other litigants. article 11 (1) (i) of the act as amended by act no. 6 of the 2008 has been assailed on the ground that the same is discriminatory. in order to substantiate the plea of discrimination, it has ..... to the additional claim of compensation in appeal. 4. the division bench while taking into consideration the statement of objects and reasons which ushered the amendment in the stamp act and the problem experienced to be alleviated. and, taking into consideration the increasing expenditure, the state had to incur expenditure towards maintenance of judicial establishment .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-07-2014
..... the registrar, co-operative societies to conduct fresh elections. that, before registrar, initiating the proceedings an amendment in the madhya pradesh cooperative societies act, 1960 vide the madhya pradesh co-operative societies (amendment) act, 2012 brought into effect from 13-2-2013 whereby new chapter va has been incorporated whereunder section 57 ..... dated 26 june, 2013 state government in exercise of powers conferred under sub-sections (1) and (2) of section 95 of the 1960 act effected certain amendments in the madhya pradesh co-operative societies rules, 1962; whereby chapter 5-a was incorporated laying down procedure for conducting elections in co-operative societies ..... societies and to pass orders thereon. thus, it was beyond jurisdiction of additional registrar to have entertained an application under section 80-a of 1960 act against order passed by registering officer rejecting objection against list of members for election. 10. considered the rival submissions. 11. it being not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-04-2014
..... 1) above, the candidate shall have to comply with all the other requirements as spelt out in the representation of the people act, 2002, and the conduct of elections rules, 1961, as amended by the conduct of elections (amendment) rules, 2002." 23. a division bench of this court in 2010(2) mplj 149 [kashinath sharma and another v. ..... submits that educational qualification, criminal antecedents/cases and assets/properties are shown as per the requirement of law. by taking this court to various provisions of the rp act, it is submitted that the nomination form and affidavit of respondent no. 5 is in accordance with law and there is no infirmity in the same. the ..... said complaint has been filed by one chhaviram for the offences punishable under sections 323, 294, 506-b, 336 of ipc, read with section 3(1)(iv)(x) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. it is submitted that because of suppression of aforesaid facts, it is clear that the respondent no. 5' .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-23-2014
..... dealt with leniently. 5. the stand of shri vivek jain, learned counsel for the workman is that belated amendment is malicious. in written statement, the employer had taken a stand that it is governed under society registration act. the employer is not getting any financial aid from central government, nor it is a public body. the ..... as 'workman' and industrial tribunal has jurisdiction to try such industrial dispute being an incidental question/matter. a division bench of this court in 1991 (volume 63) indian factories and labour reports page 222 (rajya gramin vikash sansthan adharta and state of m.p. and others) opined that in an industrial dispute referred to labour court ..... appropriate government or not can and will be decided by the industrial tribunal. (1989 (volume 58) indian factories and labour reports page 911). apart from this, this is settled in law that making of reference is purely an administrative act. see five judges judgment reported in air 1953 sc 53 (state of madras vs. c.p .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-10-2014
..... of the land, which was granted to the petitioner vide memorandum dt.26th october 1956. considering the provisions of act of 1951, act of 1958 and also the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 we do not find any merit in this petition. it is hereby dismissed. no order as to costs ..... the petitioner had no power and authority to make construction without permission from the municipal corporation. 6. the petitioner also filed an application for amendment and raised a ground that after getting the permission from the asi, it was not necessary to receive permission from the municipal corporation. aforesaid application for ..... amendment was allowed. 7. learned counsel for the petitioners has submitted that it was not necessary to take permission from the municipal corporation because the .....
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