Court : Madhya Pradesh
Reported in : 2007(3)MPHT513
..... l) that the vendor would apply to the collector under the provisions of the aforesaid act to enable him to sell the land in question to the petitioner. accordingly, an application under section 20(1) was made for seeking permission from the competent authority for sale of the subject land to the m.p. housing board for the ..... advocate, it has been contended that the word 'subject to such conditions' occurring in sub-section (1) of section 20 of the urban land (ceiling and regulation) act, 1976 would obviously empower the state government to impose the condition about ceiling on the sale value.7. for the purpose of this writ petition, i am reproducing below ..... from the provisions of this chapter'. the non-obstante clause clearly indicates that section 20 overrides the foregoing provisions of chapter iii, that is, sections 3 to 19 of the act. this is reaffirmed in clauses (a) and (b) wherein the concluding part in each is 'government may, by order, exempt, subject to such conditions, if any, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT218; 2002(2)MPLJ139
..... .22. this contention of shri saxena, learned senior advocate that the landlord only wants to enhance the rent, also has no force, because the rent controlling authority has already given a finding that the applicant could not prove that the fact of enhancement of rent. in this connection this explanation of shri chaphekar, learned ..... retirement from the post of assistant engineer will run a grocery shop.5. on the pleadings of the parties, the following issues were framed by the rent controlling authority:--(i) whether the requirement of the disputed accommodation was bona fide ?(ii) whether the non-applicant/landlord is not having any other alternative accommodation ?(iii) that ..... ordera.k. gohil, j.1. applicant-tenant has filed this civil revision under section 23e of the accommodation control act, against the order dated 18-3-99, passed by the rent controlling authority, indore, in eviction case no. a-9(7) 13/99, allowing the application of the landlord/non-applicant no. 1 and directing the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2008(118)FLR979]; (2009)ILLJ374MP; 2008(3)MPHT243
..... the respondent no. 1 in exercise of powers conferred under section 25o of the industrial disputes act, 1947 (for short 'the act').2. brief facts of the case are that the respondent no. 4 is an undertaking of respondent no. 5-hindustan development corporation limited and is a public limited company. the company's steel division is at malanpur ..... , losses are accumulated and, therefore, it was not viable to continue with the production and, therefore, they applied for closure on 29-11-1999. the appropriate authority after adjudication granted permission which is just and proper. it is also submitted that orders dated 27-1-2000 and 11-8-2003 clearly disclosed the reasons why the ..... , he could not pointed out that in compliance to the direction issued by the writ court in w.p. no. 384/2000, the respondent no. 1-appropriate authority again reconsidered the whole matter and after assigning the reasons, upheld the order dated 27-1-2000. the respondent no. 1 while exercising powers of review would be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2005)ILLJ304MP; 2004(3)MPLJ618
..... of 1986 in which it has been held by dharmadhikari, j. (as his lordship then was) that keeping in view the preamble and provisions of the act of 1973 jabalpur development authority is 'industry'.11. therefore, in view of the foregoing discussion it can be safely held that petitioner jda is an 'industry' within the meaning of ..... daily rated casual employee' and not against any permanent vacancy. it was also contended that the application under section 31(3) of the act of 1960 was not maintainable as jabalpur development authority is not an 'industry' because it has been created under a statute and further it does not fall within the description of the ..... industries given in the schedule appended to the notification under section 31(3) of the act of 1960. it was also stated that the services of the employees of this authority are governed by the m. p development authority services (officers and servants) recruitment rules, 1987 (hereinafter called rules of 1987) framed under the m .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP82; 1989MPLJ63
..... of various other industries in addition to the industries which already existed in the year 1974-75. in the year 1976 the state government constituted special area development authority, korba (sada), respondent 1 under section 64 of m. p. nagar tatha gram nivesli adhiniyam, 1973, and it was empowered to perform the ..... of municipality under m. p. municipalities act, 1961. under the enactment of 1973, any person intending to carry out any development on any land situated within the area to which the act applied, shall make an application in writing to the town and country planning authority and without such permission no construction can be ..... construction. the state pollution board, subject to the order of the appellate authority, may be the final authority under air (prevention & control of pollution) act, 1981, but sada being another statutory authority has its own powers and duties under the corporation act under section 246, no factory can be established without its permission and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998(2)MPLJ661
..... add to amend, vary or rescind any notifications, orders, rules or bylaws so issued.'therefore, invoking section 21 of the act of 1957, which enables the authority which passes the orders can revoke, amend, rescind; therefore, the prescribed authority which fixes the date of no-confidence, can adjourn it also. as quoted above section 21 or section 44 of ..... clear notice of the meeting. lordship also referred section 21 of the m.p. general clauses act, 1957 (in short 'act') to mean that the meeting which has been convened for no confidence motion can also be adjourned because the authority which has been convened the meeting; can adjourn the meeting also for good reasons.5. our ..... the act or the rules framed thereunder, nowhere prohibit the prescribed authority to adjourn the meeting. therefore, the meeting of no-confidence motion can be adjourned. it is not right to say that if the meeting has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(4)MPLJ45
..... of service are regulated by statute made under article 309 of the constitution. in the present case, officers and servants appointed by the indore development authority under the act are not government servants and therefore the provisions of articles 309, 310 and 311 of the constitution do not apply, but the legal position remains ..... making them less favourable to him, except that he shall be liable to transfer from one development authority to another. hence, by act 11 of 1991, one development authorities service for the purpose of providing officers and servants to all development authorities service in the state of madhya pradesh has been made by the legislature and the officers ..... article 14 of the constitution. the provision in sub-section (6) of section 76-b as amended by act 11 of 1991 for transfer of an officer or servant from one development authority to another development authority cannot also be held to be arbitrary as any such transfer within the same service is a normal term .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPLJ506; [2006]146STC447(MP)
..... an unbiased mind. to the same effect is the decision in s.p. kapoor (dr) v. state of himachal pradesh air 1981 sc 2181. in an earlier decision in mineral development ltd. v. state of bihar : [1960]2scr609 , it was held that the revenue minister, who had cancelled the petitioner's licence or the lease of certain land, could ..... rules came to be added to the rules of natural justice. till very recently it was the opinion of the courts that unless the authority concerned was required by the law under which it functioned to act judicially there was no room for the application of the rules of natural justice. the validity of that limitation is not questioned. if the ..... not have been included as a member of the selection board because of possibilities of bias. while examining the issue of bias in great detail in the context of english authorities, in paras 15 and 20 their lordships held as follows:15. it is unfortunate that naqishbund was appointed as one of the members of the selection board. it .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPLJ98; [2006]146STC360(MP)
..... the period of limitation as contained in the provisions or the extended period of limitation under a valid notification issued by the government or a competent authority as empowered by the act. in the instant case, the state government is empowered under sub-section (9) to extend the period of limitation in respect of cases ..... mal ke pravesh par kar adhiniyam, 1976 (no. 52 of 1976);(ii) there has been no increase in the number of authorities competent to make assessment of such dealers under the said acts, commensurate with the increase in the number of such dealers and their assessment cases;(iii) the assessment proceedings of all such dealers ..... irregular assessment and it was not done under section 19(1) of the mpgst act. being aggrieved by the aforesaid assessments, the appellant preferred appeals before the first and the second appellate authorities, who however, upheld the order of the assessing authority passed on the basis of the flying squad's report. thereafter the appellant filed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(3)MPHT172
..... to decide the dispute and order of the court gave no scope to it to leave it to any other forum or authority. (iv) because, indore development authority was to act according to directions contained in letter of 26-9-1997. 9. firstly, state government is possessed of power, secondly, direction or action ..... supervision and control.-the state government shall have power of superintendence and control over the acts and proceedings of the officers appointed under section 3 and the authorities constituted under this act.' 8. the different course perused by the indore development authority is inexplicable--(i) because, state government possessed powers under section 52 as well as ..... section shall be binding on the town and country development authority.81. suit and other proceedings.-- no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this act or any rules made thereunder.'on an objective perusal of .....
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