Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... recovery tribunal (in short 'the tribunal') on the foundation that debts recovery appellate tribunal (for short 'the appellate tribunal') had already pronounced a verdict that against an interlocutory order passed under the recovery of debts due to banks and financial institutions act, 1993 (for brevity 'the act'), no appeal lies. the learned single judge felt that ..... be that the tribunals shall have to follow dilatory procedures available under the code of civil procedure, 1908 which the legislature intended to avoid by enacting the act of 1993. therefore, normal procedure is to receive evidence by affidavit(s) and it is only for reasons to be recorded that the tribunals may summon the ..... ). therefore, we have no hesitation in holding that regulations 31 and 32 do not transgress the limits stipulated under section 22 of the act or sub-rule (6) of rule 12 of the 1993 rules. hence, they are absolutely valid and impeccable. 25. the next facet of argument of mr. shrivastava, even if an appeal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... which can be the basis for reason to believe should be such materials which are definite, precise, based on solid, factual foundation and not merely hearsay, gossip, surmises and conjectures. the legislature acts by keeping in consideration the principles of law judicially propounded. the abuse of power is inevitable, if uncontrolled power is conferred. ..... point for investigation/enquiry is by virtue of the order of the supreme court dated january 30, 1996, passed in writ petition (criminal) nos. 340-343 of 1993 (vineet narain v. union of india : [1996]1scr1053 .10. the order of the supreme court dated february 22, 1996, obviously, relates to curbing the ..... hawala case, public interest litigation was brought before the supreme court by means of a writ petition registered as writ petition (criminal) nos. 340-343 of 1993 (vineet narain v. union of india : [1996]1scr1053 alleging failure of the government agencies in the performance of their duties and discharge of their obligations, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT1; 2003(3)MPLJ554
..... the corporation does not have the power to issue separate assessment lists in respect of different kinds of properties in different area is also not tenable. the 1993 rules and the notifications issued there-under clearly provide for assessment based on the localities as well as different kinds of properties, classified according to its user ..... v. guntur town rate payers' asson., (1970) 2 scc 803; balhir singh (dr.) v. m.c.d., (1985) 1 scc 167; morvi municipality v. stale of gujarat, (1993) 2 scc 520; bhagwant rai v. state of punjab, (1995) 5 scc 440; new delhi municipal committee v. m.n. soi, (1976) 4 scc 535 and thereafter, their ..... language used in the statute and concept of synthesisation of the non-obstante clause and reasonableness was the foundation of the ratnaprabha (supra). we may repeal at the cost of repetition that in the earlier provision under the corporation act despite the non-obstante clause the reasonable criteria was mentioned. to harmonise the provisions subsisting in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(3)MPHT172
..... enumerated therein are illustrative and not exhaustive. i may note here that in the instant case, mr. datt, learned senior counsel for the petitioner has only referred to the foundation/ground predicted under guideline no. 3 and has not proponed on other aspects. hence, there is no necessity to search for special features to travel beyond the illustrations. confining ..... 261 (sundarjas kanyalal bhathija and ors. v. the collector, thane, maharashtra and ors.), it is held that:'we may only observe that the government is expected to act and must act in a way which would make it consistent with the good administration. it is they, and no one else - who must pass judgment on this matter.' true it ..... . to substantiate his submission he has commended this court to the decisions rendered in the cases of smt. rajbala and anr. v. deputy director of education and anr., air 1993 sc 249 and union of india and ors. v. b.r. bajaj and anr., air 1994 sc 1256.7. mr. s.l. saxena, learned advocate general for the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(5)MPHT76; 2002(4)MPLJ196
..... appealed against.'18. section 91 of the m.p. panchayat raj adhiniyam, 1993 provides for appeal and revision, which is reproduced hereunder :--'91. appeal and revision.--- an appeal or revision against the orders or proceedings of a panchayat and other authorities under this act, shall lie to such authority and in such manner as may be prescribed.'19 ..... of no useful purpose to the cause espoused, but, is such which may ultimately have the effect of having adverse impact on the selection itself, but, there is no foundation for such an argument. hence, the argument raised is irrelevant. in dr. triloki nath singh v. dr. bhagwan din misra and ors., air 1990 sc 2063, linguistics ..... included in the selection committee, hence, selection was set aside, but, this question has not to be gone into in the instant case as there is no such foundation made to advance argument of literacy of the members selecting the teachers.45. in dr. j.p. kulshrestha (supra), the emphasis was made on the fair procedure. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1993)ILLJ1105MP; 1992(0)MPLJ334
..... law. nothing decisive, therefore, turns on the language of the termination order and the employer is not prohibited from disclosing to the labour court the real foundation or motive behind the order of termination and the justification for its action. the employer may choose to simply terminate the services by an innocuous order ..... of retrenchment compensation as required by section 25f and without any notice or payment in lieu thereof as required by section 58 of the shops and establishments act, 1958.15. before deciding the legal question raised, it is necessary to critically examine various provisions of law which are applicable to the case. the ..... the categories of misconduct constituting a reasonable ground for dispensing with services of an employee under the 'establishment' in accordance with section 58(1) of the act. it is submitted by the learned counsel for the employees that unsatisfactory work and conduct attributed to the employees as a ground of termination or dispensing with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ685
..... consideration the materials placed before it. we find nothing in article 22 or article 14 of the constitution or in the statutory scheme which could be the foundation for laying down the principle that the board should question the detenu when brought before it as to why he has not submitted a written representation and whether ..... .1. the petitioner has been detained by order of the respondent no. 2 under section 3(2) of the national security act, 1980 (hereinafter called 'the act' for short) (annexure p/2) passed on 22-7-1993. the grounds of detention were served on 25-7-1992. the detenu did not make a written representation. the matter was ..... application of principles of natural justice which are not contemplated either in the constitution or in the statute. the supreme court had read into the scheme of the act the principle of enabling the detenu to be assisted by a friend where such assistance is demanded, on account of various considerations including concern for safeguarding personal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994CriLJ2775
..... consideration the materials placed before it. we find nothing in article 22 or article 14 of the constitution or in the statutory scheme which could be the foundation for laying down the principle that the board should question the detenu when brought before it as to why he has not submitted a written representation and whether ..... c.j.- the petitioner has been detained by order of the respondent no. 2 under section 3(2) of the national security act, 1980 (hereinafter called 'the act' for short) (annexure p/2) passed on 22-7-1993. the grounds of detention were served on 25-7-1992. the detenu did not make a written representation. the matter was ..... of principles of natural justice which are not contemplated either in the constitution or in the statute. the supreme court had read into the scheme of the act the principle of enabling the detenu to be assisted by a friend where such assistance is demanded, on account of various considerations including concern for safeguarding personal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... india and anr., air 1957 sc 628.45. in view of our preceding analysis and studies scrutiny on the foundation of prismatic premises, we conclude and hold the second limb of section 6 (2) of the act intending that 'out of which not less than one third shall be women members and members of scheduled castes ..... j.1. the present reference has arisen in a different factual matrix inasmuch as certain provisions of madhya pradesh panchayat raj evam gram swaraj adhiniyam, 1993 (for brevity 'the act') that were incorporated by way of amendment into the aforesaid statute faced assail pertaining to their constitutional validity in the case of jankidas bairagi and anr ..... its responsibility and utility, have no basis and are liable to be rejected.6. proper reading of various provisions of the m.p. panchayat raj adhiniyam, 1993 and panchayat (sanshodhan) adhiniyam, 2001, would clearly demonstrate that challenges against the validity of some of sections raised by the petitioners have no substance. since gram .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP182
..... the corporation does not have the power to issue separate assessment lists in respect of different kinds of properties in different area is also not tenable. the 1993 rules and the notifications issued thereunder clearly provide for assessment based on the localities as well as different minds of properties, classified according to its user and ..... 2 scc 803 : (air 1971 sc 353); balbir singh (dr.) v. mcd (1985) 1 scc 167 : (air 1985 sc 339), morvi municipality v. state of gujarat, (1993) 2 scc 520 ; (air 1993 sc 1508); bhagwant rai v. state of punjab. (1995) 5 scc 440 : [air 1996 sc 95). new delhi municipal committee v. m. n. soi, (1976) 4 ..... used in the statute and concept of synthesisation of the non-obstante clause and reasonable was the foundation of the ratnaprabha (supra). we may repeat at the cost of repetition that in the earlier provision under the corporation act despite the non-obstante clause the reasonable criteria was mentioned. to harmonise the provisions subsisting in the .....
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