Judgment Search Results Home > Cases Phrase: inter state corporations act 1957 Court: madhya pradesh Page 1 of about 2,353 results (0.120 seconds)

Amalgamated Coalfields Limited and ors. Vs. State of Madhya Pradesh an ...

Court : Madhya Pradesh

Reported in : AIR1966MP215; [1966]18STC251(MP)

..... period from 11th september 1956, when article 286(2) of the constitution was repealed by the constitution (sixth amendment) act, 1956, to 4th january 1957, there was no power in the state to tax an inter-state sale, and for the period between 5th january 1957, when the central sales tax act, 1956, became operative, and 31st march 1957, the power to tax inter-state-sales was governed by the central sales tax ..... of this amendment was that during the period from 11th september 1956 to 4th january 1957 there was no power in the stale to tax an inter-state sale, and consequently no sales tax could be imposed on the assessee-companies for despatches ..... result of sale transactions, delivered outside the slate for purposes of consumption in the state of first delivery; that in the case of coal supplied to the railways there was no 'deli-very-cum-consumption' outside the state of madhya pradesh; and that there was no sale in the course of inter-state trade inasmuch as coal having been actually delivered to the railway administration at the base-station, it could not ..... at the base-station in the slate where coal was loaded into wagons inasmuch as the railways and the wagons belonged to government; that being so, the subsequent transport of coal outside the state for consumption could not bring the sales within the terms of the explanation to article 286(1); that the said explanation would have been attracted only if coal had been, as a direct ..... and state trading corporation v .....

Ghanshyamdas Vyas and Another Vs. Union of India and Others

Court : Madhya Pradesh

Reported in : 2001(1)MPHT22; 2000(2)MPLJ571

..... however, according to rule 75 (a) (2) of the mines and mineral (regulation and development) act, 1957, the approval of the central government is necessary before the state government can reserve an area for prospecting/mining operations. ..... as the petitioners' prayer for grant of prospecting licence was rejected, in view of the decision of the state government to appoint the mineral corporation as its agent in exercise of power conferred by rule 75 of the mineral concession rules, petitioners filed w.p. no. ..... . it is further relevant here to state that proviso to section 5(1) and 11(4) of the mmrd act inter alia provide for previous approval of the central government whereas proviso to section 6(1) of the act reserves the right of the central government to permit any person to acquire one or more prospecting licence covering an area in excess of 25 sq ..... the secretary to the government of madhya pradesh in the mineral resources department submitted an undertaking on 25-3-1998 in which he had inter alia stated that with the change of policy, the state government hastaken a decision not to act upon the notification dated 20-11-1996. ..... . it is only after the jvc has been constituted and has been granted the prospecting licence that the petitioner has chosen to challenge the same inter alia contending that the area has been reserved for it under section 17a of the mmrd act .....

Mazhar HussaIn Vs. Madhya Pradesh State Road Transport Corporation (by ...

Court : Madhya Pradesh

Reported in : (1968)IILLJ287MP

..... the petitioner was employed as an assistant traffic inspector under the central provinces transport services, which was a state-owned transport undertaking, till 1 june 1962 when the madhya pradesh state road transport corporation constituted under section 3 of the road transport corporation act, 1950 (64 of 1950), took it over. ..... the principle underlying these decisions applies, and has been extended to corporations constituted under the road transport corporations act, 1950 (64 of 1950); andhra pradesh state road transport corporation v. ..... speaking generally, the legal position is that employees of statutory corporations like the damodar valley corporation, the calcutta port trust, improvement trust, the state co-operative bank, the state bank of india, a district board or municipality, which are separate legal entities having independent existence, do, not hold such civil posts-bibuii bhusan v. ..... in view of these authorities, which in our opinion, correctly state the law, the petitioner cased to hold a civil post under the state as soon as his services were transferred to the madhya pradesh state road transport corporation and he could not, thereafter, claim the protection afforded by article 311.5. ..... 225 of 1957, decided on 19 november 1958), whatever other remedy the petitioner, who doss not hold any civil post, may have, he cannot bring before this court a dispute of this character for a writ under article 226 of ..... 225 of 1957, decided on 19 november 1958). ..... 1957-ii l.l.j. .....

R.J. Fouzar Bus Service, Hoshangabad and ors. Vs. State of Madhya Prad ...

Court : Madhya Pradesh

Reported in : AIR1994MP122; 1994(0)MPLJ324

..... in this behalf, there shall be levied and paid to the state government an additional tax on all public service vehicles at the rate specified in the third schedule: provided that no additional tax shall be levied on public service vehicles- (i) having seating capacity not exceeding six passengers excluding the driver and plying with valid permit; or (ii) plying exclusively within the areas of municipal corporations, municipal committees, cantonment boards, notified area committees, special area ..... the facts, as emerged, clearly indicate that the respondent/state had made fully compliance with the second proviso to sub-section (3) of section 3-a of the act and the principles of natural justice as embodied in this section has been complied with. ..... clauses act, 1957 (no. ..... notification issued under this sub-section shall be laid on the table of the legislative assembly and the provisions of section 24-a of the madhya pradesh general clauses act, 1957 (no. ..... these petitions, the petitioners are assailing the validity of the notification issued on 7-6-1991 increasing the rate of tax by the state government by amending the schedule under the motor vehicles taxation act, 1947. ..... amongst other sections of the act of 1947, section 3-a was also ..... motor vehicles taxation act, 1947 was published, required by sub-section (3) of section 3-a for information of all persons likely to be affected thereby and notice was given that the said draft will be taken into consideration on the expiry of 10 days .....

Puneet Travels and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : II(1998)ACC482; 1996(0)MPLJ318

..... operators holding stage carriage permits of various routes, who have, challenged the constitutional validity of the madhya pradesh motoryan karadhan (vidhi manyakaran) adhiniyam, 1994 (for short 'validation act'), enacted to validate the levy of additional tax on public service vehicles in the state of madhya pradesh, which received the assent of the governor on 25th june, 1994 and was published in the madhya pradesh gazette (extraordinary) dated 27th june, 1994, contains ..... notwithstanding any judgment, decree or order of any court, the rate of additional tax levied under section 3-a of the madhya pradesh motor vehicles taxation act, 1947 during the period commencing from the 16th day of june, 1991 and ending on the 15th day of october 1991, shall be deemed to be twenty paise per ten kilometers for the entire distance to ..... this behalf, there shall be levied and paid to the state government an additional tax on all public service vehicles at the rate specified in the third schedule :provided that no additional tax shall be levied on public service vehicles -(i) having seating capacity not exceeding six passengers excluding the driver and plying with valid permit; or(ii) plying exclusively within the areas of municipal corporations, municipal committees, cantonment boards, notified area committees, special area ..... issued under this sub-section shall be laid on the table of the legislative assembly and the provision of section 24-a of the madhya pradesh general clauses act, 1957 (no. .....

Ajay Dubey, and ors. Vs. the State of Madhya Pradesh, and ors.

Court : Madhya Pradesh Jabalpur

..... for excavation of sand and 'bajri' is challenged on the ground inter alia that it confers unfettered, unguided and uncanalised powers on the director to grant exemption from obtaining environmental clearances to any particular mine for special consideration and, thus, the same being in violation of sections 13, 15(1a) and 18 of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as 'mmdr act' ) and mineral conservation and development rules, 1988 (hereinafter referred to as ' ..... public interest litigations by one ajay dubey describing himself to be secretary of environment friendly organization- 'prayatna', mainly with the grievance that number of mines/quarries are being operated illegally across the state of madhya pradesh without obtaining the statutory clearances which are mandatory in nature and, therefore, a direction has been sought to stop operation of all such mines which are being run notwithstanding the ..... that in view of the exemption granted under rule 49 of the 1996 rules, the respondents cannot insist the corporation to obtain statutory clearances and the noc under the aforesaid enactments and eia notification dated 14.9.2006.5. ..... state pollution control board, has filed the return in which objection has been taken with regard to maintainability of the writ petition in so far as it pertains to challenge with regard to the orders by which the applications filed by the corporation seeking ..... state mining corporation ..... state mining corporation .....

Commissioner of Sales Tax Vs. Shri Allwyn Cooper

Court : Madhya Pradesh

Reported in : [1968]21STC417(MP)

..... , in so far as it imposes, or authorises the imposition of, a tax on the sale or purchase of goods declared by parliament by law to be of special importance in inter-state trade or commerce, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify.by the constitution (sixth amendment) act, 1956, a new clause in article 269 was also added giving to parliament the power to formulate principles for determining when a sale or purchase of goods ..... in second appeal, the sales tax tribunal (the board of revenue), however, accepted the contention of the assessee that the sales were in the course of inter-state trade or commerce and, therefore, could not be assessed to sales tax under the local act. ..... during the assessment proceedings, he claimed that this entire turnover was of sales in the course of export of manganese out of india, and that in any case the sales were inter-state sales and, therefore, not liable to be taxed under the act. ..... the assessee, allwyn cooper, who does the business of selling manganese, was assessed to sales tax under section 18(3) of the act for the period from 1st october, 1957, to 30th september, 1958, on his turnover of the sales of manganese of the value of rs. ..... 175 and state trading corporation v. .....

Centre of Indian Trade Union and anr. Vs. State of Madhya Pradesh and ...

Court : Madhya Pradesh

Reported in : 2002(1)MPHT179

..... in fact several corporations conferred with statutory powers also curtails individual rights like, through levy of demurrages, detention charges in the warehousing corporation under the warehouse corporation act; regulation of entry into airport, atc, levy and regulation of taxes and fees by the international airport authority. ..... in paragraph 8 of the judgment reliance was placed on the bangalore water supply case (supra) and the nagpur corporation case (supra) and it was held that the said department of the state government of bihar was an industry.. ..... jagannath maruit kondhare, 1996 (1) slr (sc) 56, the question considered by the supreme court was whether the functions of a forest department of state for creation of a park under bio-aesthetic development for the benefit of the urban population could be called sovereign function. ..... state of punjab, (1991) 1 scc 189, it was held that running tubewclls constitutes ''industry' whether it is by government or corporation. ..... large number of workers filed original applications before the state administrative tribunal which held that it had no jurisdiction to deal with the cases of daily wage employees as they have the protection under industrial disputes act, and the proper forum available to them is the labour court. ..... industrial rules, 1957 reference was made to arbitrator shri digvijay singh, chief minister of state of m.p. .....

Orissa and Allied Industries Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : (2000)ILLJ358MP; 2000(1)MPLJ26

..... specified in this behalf by the central government or in relation to an industrial 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 trustees constituted under section 3a of the coal mines provident funds and miscellaneous provisions ..... under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation act, 1962 (58 of 1962), or the unit trust of india established under section 3 of the unit trust of india act, 1963 (52 of 1963) or the food corporation of india established under section 3, or a board of management established for two or more contiguous states under section 16 of the food corporations act, 1964 (37 of 1964), or the international airports authority of ..... industrial disputes rules, 1957, we are inclined to concur with the view taken by the learned single ..... industrial disputes rules, 1957 reads as under :- '(2) they shall extend to the whole of madhya pradesh in relation to all such industrial disputes as are not governed by the industrial disputes (central) rules, 1956 .....

Western Coalfields Ltd. Vs. Notitied Area Committee, Dongar-parasia an ...

Court : Madhya Pradesh

Reported in : AIR1995MP46

..... the companies has been subscribed by the government of india, it cannot be predicated that the companies themselves are owned by the government of india, that companies which are incorporated under the companies act have a corporate personality of their own distinct from that of the government of india, that lands and buildings are vested in and owned by the companies while the government of india only owns the share capital ..... municipal corporations act which contain a provision for exemption of buildings owned by the ..... effect of establishing municipality for local area which ceases to be town area or panchayat -- when any local area ceases to be a town area under the bhopal state town area act, 1954 (xiv of 1954), or a panchayat under the panchayat law and immediately following such cessation a municipality is established under section 5 for such area, then, as from the date of the establishment of ..... ') the following consequences shall ensue, namely - xxxxx (d) any appointment, notification, notice, tax, order scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under the bhopal state town area act, 1954 (xix of 1954), or the panchayat law before the sepcified date, in respect of such local area shall, so far as it 4s not consistent with the provisions of this ..... consideration was whether building belonging to the present petitioner could be subjected to property tax under the mines and minerals (development and regulation) act, 1957 and under the m. p. .....