Court : Madhya Pradesh
Reported in : 2001(77)ECC621; 2002(139)ELT529(MP)
..... while deciding the appeal :-the question that arose for consideration was posed, thus :- 'on importation of goods under ogl if the importers had kept the same in the warehouse under section 59 of the act and after expiry of statutory period of three months if they clear the goods under the advance licence issued under deec scheme, whether such importers are liable to pay interest on the amount of duty which was assessed and ascertained on the date of warehousing until the goods is cleared under section 68 of the act (excluding the free ..... issuance of show cause notice dated 22-5-1992 (annexure h) which resulted in passing of an order annexure j whereby, the show cause was upheld and refund application 10-1-1991 (annexure g) made by petitioner, learned counsel for the petitioner mainly made two fold submissions firstly, it was submitted that when admittedly, the central customs board by its order dated 22-3-1990 (annexure f) accepted the prayer of petitioner and allowed them to clear the goods from the warehouse without payment of customs duty .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
..... no. (4)-- the provisions of the indian limitation act will have application only to the extent permissible under section 29 of the said act and where special period of limitation is prescribed under the provisions of the land revenue code, the same shall prevail over the limitation prescribed under the indian limitation act, 1963 and further the extinguishment of the right under section 27 of the limitation act will not automatically result in the accrual of bhumiswami rights or any superior right on the ground of adverse possession. ..... pradesh was formed with the territories as indicated in section 9 of the states reorganisation act, 1956, which are-(a) the territories of the existing state of madhya pradesh, except the districts buldana, akola, amravati, yeotmal, wardha, nagpur, bhandara and chanda thereof; (b) the territories of the existing state of madhya bharat, except suneltappa of bhanpura tehsil of mandsaur district; (c) sironj sub-division of kotah district in the existing state of rajasthan; (d) the territories of the existing state of bhopal; and (e) the territories of the existing state of vindhya pradesh; (2) the said sironj sub ..... v. janved (1991 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT425
..... indeed, the order passed by the vice-chancellor on review was a nullity; such an order could be challenged before the high court by a petition under article 226 of the constitution and the high court was not justified in dismissing the writ petition on the ground that an alternative remedy was available to the appellant under section 68 or the u.p. ..... 1 filed an application under section 8 of the hindu minority and guardianship act, 1956 in the court of the additional district judge, rajnandgaon for grant of permission to mortgage the property with the corporation for the aforesaid loan and the said court by order dated 9-12-1988 granted the permission to the defendant no. ..... section 2(g) of the act defines the term 'debt', it is as under:'2(g) 'debt' means any liability (inclusive of interest) which is alleged as due from any person by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or whether payable under a decree or order of any civil court or otherwise and subsisting on, and legally recoverable on, the date of the application. ..... state universities act.'15. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001CriLJ4325; I(2002)DMC463; 2001(4)MPHT405; 2001(3)MPLJ170
..... has been raised by the husband in the present revision with respect to the period december, 1991 to february, 1994 is totally uncalled for and as a matter of fact when earlier the warrant was issued in the month of march, 1994 and the magistrate on 8-3-1994 had held that it was not necessary for the wife to file an application every year and the recovery could be ordered of amount falling due during pendency of application and the magistrate also took up the application under section 125(4), cr.pc in which allegation ..... was made that the petitioner ..... yet another fact is writ large that in the pending recovery proceeding which was filed for the period november, 1991 to november, 1992 before the magistrate, the husband had filed an application on 7-3-1994 under section 125(4) of the cr.pc and the said application was dismissed by the magistrate on 8-3-1994, against which cr. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT349; 2001(3)MPLJ1
..... 1068 where the state government by its resolution dated 25-10-1977 revised pay scales of all the categories of the universities as well as their affiliated colleges with retrospective effect from 1-1-1973 but did not fix pay scales of medical teachers merely on the ground of non-sharing the burden to the extent of 80% by the central government, was held to be discriminatory, violative of articles 14 and 16 of the constitution of india.17. ..... of andhra pradesh (1991) 1 andhra pradesh wr 236, considered the question where the recommendation made by the inter-departmental committee regarding revision of pay scales of government of india employees including medical officers were accepted by the government of india and the concerned unit heads had also implemented the same, non implementation of the same so far as medical officers in crpf were concerned on the alleged ground that it would affect the discipline in the force was held to be clearly arbitrary and discriminatory.22. the appellant-state ..... respondents further alleged that there were 9 universities in the erstwhile state of madhya pradesh, established under the provisions of madhya pradesh vishwavidyalaya adhiniyam, 1973 (act no. ..... . duty is cast on the government to revise the pay scale from time to time in which it has failed, only with respect to small section of employees without showing justification .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP289; 2001(3)MPLJ642
..... as per section 37(2) of the act the mayor-in-council is required to consist of the mayor and ten members and as per sub-section (3) the members of the mayor-in-council are to remain in office during the pleasure of the mayor. ..... (8) in case the office of the mayor is declared vacant under this act, the councillor nominated by the government under sub-section (2) of section 21 to perform the duties of the mayor or a person who is ejected for the office of the mayor, as the case may be, either allow the existing members of the mayor-in-council to continue or appoint new members in place of them from amongst the elected councillors. ..... singh, learned senior counsel, has drawn the attention of this court to section 49 of the act which deals with quorum of the mayor-in-council or any other committee. ..... it is putforth in the writ petition that after the petitioner was elected as a mayor of the corporation as per requirement of section 37 of the act she constituted the mayor-in-council which was notified on 19-1-2000. ..... the word 'quorum' came to be interpreted by the lordships of the apex court in the case of punjab university v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT373; 2001(3)MPLJ288
..... learned counsel submits that statute 6 (a) (i) provides for filling up of the posts detailed under section 12 of the act except that of chancellor, vice-chancellor and deans of faculties of agriculture and veterinary science and animal husbandry while statute 6 (a) (ii) deals with the appointment of teachers and since the petitioner had not been appointed in accordance with the procedure laid down in statute for appointment of teachers, she was not 'teacher' within the meaning of section 2 (x) of the act and statute 32. ..... learned counsel for the respondents has also invited attention to section 49 of the act to point out that the appointment of a salariedteacher of the university is permissible only on the recommendation of a selection committee constituted for the purpose in accordance with the provisions of the statutes. ..... it is not the case that the petitioner lady extension teacher was engaged as a teacher described in section 2 (x) and statute 32 in the extension activity of the university. ..... it is also not the case of the petitioner that the petitioner was ever recognised by the university as teacher for the purpose of imparting instructions in extension programmes. ..... the first clause of the statute includes only professor, associate professor and assistant professor as teachers of the university while clause (4) enlarges the scope of the restricted definition contained in clause (1) and includes persons engaged in research and extension activities also within its ambit. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(1)MPHT470
..... is no communication even to the office of the kulapati (vice-chancellor) of the university, in such situation one will have to presume that no decision is likely to be taken on the said representation by kuladhipati in ..... shri bagadia advancing the arguments further submitted that it was for the petitioner either to make an appeal to the kuladhipati of the university making a prayer to him for deciding his representation challenging the said order of demotion or to submit an application before this court making a prayer to the court that some order be passed in context with the said judgment and order passed by ..... if under merit promotion scheme asrecommended by the commission which was adopted by the university, and departmental candidate is to be promoted, he would be so promoted de hors section 49 and would obviously be an excadre reader or professor as the case may be. ..... to kuladhipali, there would have been a communication to the office of the vice- chancellor and as vice-chancellor is a party in this petition there would have been ..... of 1973) (hereinafter referred to as 'adhiniyam' for convenience) there is only one source of recruitment of university teachers namely, professors and readers and even of lecturers is contemplated, even that source is by way of ..... view of the provisions of section 49 of the m.p. ..... he submitted that the act of demoting him committed by the university through its concerned officers is bad in law and, therefore, the said order passed by university needs to be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT199
..... if the employees are 'workmen' and the management is an 'industry' as defined in the industrial disputes act, and the action taken by the management amounts to retrenchment, then the rights and liabilities of the parties are governed by the provisions of chapter v-a of the industrial disputes act and the said rights and liabilities may be adjudicated upon and enforced in proceedings before the authorities under section 58 of the shops and establishments act. ..... a perusal of the impugned order of the appellate authority (annexurc p-l) shows that it has relied on the decision of this court in bajaj electricais limited (supra) and refused to conduct an enquiry on the ground that the appellate authority has a limited function and under section 58 of the act the appellate authority is required to function within the limits prescribed in the said decision. ..... theforms-do not derogate the purpose of rule 14-a and section 58 of the rules and act, rather they are part and parcel of the legislature as under section 59 there is power to frame the rules and the forms advance the cause and make the remedy available under section 58 effective.19. ..... president, industrial court and another, 1991 vol. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT398; 2000(3)MPLJ632
..... home guard may be found in sub-sections (2) and (2a) of section 7 of the home guards act which provide thus :'(2) subject to any rules made in this behalf a home guard may be required to undergo training for such period and in such manner as may be prescribed after which he shall serve as a home guard for a period of six months which period may be extended by the state government to a total period of not more than twelve months if the state government considers such extension necessary ..... under section 14, the state government is authorised to make rules for carrying out the purposes of the home guards act which include the sphere covered by section 14 (2) (c).5. ..... and shall thereafter serve in the reserve for ..... learned counsel for the respondents brought to our notice order of apex court dated 30-7-1991 passed in the case of rameshwar das sharma and ors. v. ..... 12465 of 1990) dated 30-7-1991 which reads:'heard petitioner in person and learned counsel for the respondent. .....
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