Court : Madhya Pradesh
Reported in : AIR2002MP266; 2002(4)MPLJ110
..... fact limited, air 1991 kerala 129, female candidates therein were not afforded opportunity to write in the internal examination on the basis of certain restriction in working hours of women by section 66 of factories act as restriction was founded on the backdrop of sex. ..... it is also putforth that under the provisions of the act no bye-law should be made which is inconsistent with the act but the amendment runs counter to the various provisions of the act and, therefore, the said amendment deserves to be declared as ultra vires. ..... reserve bank of india, (1999) 1 jt (sc) 524 : (air 1999 sc 1149) the apex court while interpreting the word 'after' used in section 6 of hindu minority and guardianship act, 1956 held that the mother could be the guardian in absence of the father. 15. ..... , 1953 mblj 529 : (air 1953 madh bha 147) where the court upheld the constitutional validity of the section 354 of the indian penal code wherein backward social position of the women was taken into consideration. ..... it is setforth that a complaint was made by the general secretary of the petitioner-society to the conciliation officer under the provisions of the industrial disputes act, 1947 for intervention. ..... it is pleaded in the petition that the state government in pursuance of the provisions of the act established various krishi upaj mandis in the state of madhya pradesh and the krishi upaj mandi, satna is one of them. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... the following powers, namely-- (a) to approve the appointment of chancellor;(b) to issue directions to do anything required to be done by the university under the provisions of this act, rules, the statutes, or the ordinances made thereunder or to rectify any violation thereof;(c) to adjudicate disputes under this act between the university, the commission or any other expert body and to issue directions to comply with its decisions on such disputes;(d) to order framing of statutes under section 24 on particular subjects;(e) to generally issue such orders as may be required to be followed by the university under this act or any other law for the ..... the university has been included in the list of universities, maintained by the ugc under section 2(f) of the ugc act, 1956.the above university has, however, not been declared fit to receive central assistance in terms of rules framed under section 12-b of the act, 1956. ..... we have bestowed our anxious consideration to the pros and cons of the submissions. ..... collector, central excise, air 1991 sc 754, wherein the apex court came to hold that when there is some doubt the words must take colour by making a reference to the meaning of the words associated with it. ..... pro-vice chancellor of the university assured that the university is committed to adhere to rules but the assurance was not fulfilled. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(2)MPHT315; 2002(3)MPLJ85
..... desai, learned solicitor general appearing for the respondents have been cancelled because the district superintendent of education had no authority to make the appointments, it was a device of by-passing the reservation and that the conditions which are part of the appointment order were not complied with. mr. w.r. ..... before we considered the correctness of the proposition laid down by the high court we must, at the expense of some space, analyses the distinction between quasi-judicial when there is an obligation to adopt the judicial approach and to comply with the basic requirements of justice. ..... but when even such an administrative decision unless it affects one's personal rights or one's property rights, or the loss of or prejudicially affects something which would judicially be called at least a privilege does not involve the duty to act fairly consistent with the rules of natural justice. ..... sido kanhu university and ors. ..... (air 1991 sc 309), the supreme court held that it is necessary to give hearing to the employees so appointed and thereafter the services should have been dispensed with. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(5)MPHT477; 2002(2)MPLJ304
..... as a matter of fact, in the instant case, there was no appeal before the collector; the collector never registered any appeal nor passed any order adjudicating the question of appointment; the collector got the administrative enquiry conducted unilaterally to which the petitioners were not the party and issued direction on administrative side to cancel the order of appointment of the petitioners. ..... learned counsel for respondents submits that action taken by the collector on the basis of administrative enquiry is proper and collector was having the competence being the appellate authority to look into and direct the removal which he did by issuance of letter dated 8-10-2001 which was based on an enquiry got conducted by him and the petitioners' removal is, thus, justified, principles of natural justice are not applicable in such circumstances.9. ..... rule 9 provides for an appeal; as per rule 9 an appeal shall lie in accordance with the provision of the act against the orders passed under these rules. ..... learned counsel for respondents rely on decisions of supreme court in aligarh muslim university and ors. v. ..... (air 1991 sc 309), the supreme court held that it is necessary to give hearing to the employees so appointed and thereafter the services should have been dispensed with. ..... the main provision of appeal is in section 91 of m.p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP40; 2002(5)MPHT499; 2002(2)MPLJ352
..... by operation sub-section (1) of section 14 of the hindu succession act, her limited estate enlarged into absolute right as she was in possession when the act into force. ..... right; (5) that the right to maintenance flows from the social and temporal relationship between the husband and the wife by virtue of which the wife becomes a sort of co-owner, in the property of her husband, though ..... a charge created for her maintenance on the property either by an agreement or by obtaininga decree from the civil court; (3) that the right of maintenance is a matter of moment and is of such importance that even if the joint property is sold and the purchaser has notice of the widow's right to maintenance, the purchaser is legally bound to provide for her maintenance; (4) that the right to maintenance is undoubtedly a pre-existing right which existed in the hindu law long before the passing of the act of 1937 or the act of 1946 and is, therefore, a pre-existing ..... shiv singh, air 1991 m.p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
..... by virtue of the amendment, the nomenclature of the act has been changed to read as the madhya pradesh ashaskiya shikshan sanstha (anudan ka pradaya) adhiniyam, 1978 and by virtue of section 7 of the amendment act, the amended nomenclature shall be substituted wherever they occur inthe schedule to the principal act. ..... before we scan the intendment of the provisions that have been brought by way of amendment in the conceptual canvass, we may state in a montos comis manner that there is also challenge in some of the writ petitions to the action of the state government which despite the categorical commitment given by it after availing amount from the university grants commission, had not extended the said privilege to the educational institutions which are covered under the act and entitled under law to get the said benefit. ..... section 3 stipulates application of the act to institutions for higher studies other than universities. ..... f/3/1/94 ps, dated 24-12-1998 addressed to the vice-chancellors of all the universities requiring them that the revision of pay scales would be applicable to every institution affiliated to the university. ..... , air 1991 sc 101, wherein it has been held as under:--'259. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(5)MPHT76; 2002(4)MPLJ196
..... in ravi shankar (supra) it was only revision filed under section 50 of the mplr code, 1959, whereas the other revision before the commissioner was filed under section 42 of the ceiling act, both the parties have relied upon the full bench decision of this court in ramchandra jagannath v. ..... this court held that the order of the commissioner passed in revision under section 42 of the ceiling act will be revisable by the board of revenue under section 50 of the mplr code. ..... this court took the view that the revision against the order passed by the appellate authority in ceiling act lies under section 50 of the mplr code to the board of revenue. ..... even an order passed in revision under section 42 of the ceiling act will be revisable under section 50 of the mplr code, power of revision under section 50 extends to any order passed by any revenue officer. ..... the second question for consideration was whether power of revision under section 50 of the mplr code can be invoked and exercised against an order passed under the ceiling act. ..... chancellor, allahabad university and ors. ..... , 1991(7) slr 491, the supreme court laid down, in the backdrop of the fact that mother-in-law of one of the selected candidates was present in the college council, it was sufficient to invalidate the selection process if it could be shown that there was a reasonable likelihood of bias, the selection of respondent no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT179
..... operation' does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 ; or (2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed by organisation wholly or substantially engaged in any charitable, social or philanthropic service; or (5) khadi or village industries; or (6) any activity of the government relatable to the sovereign functions of the government including all the activities carried on by the departments of the central government dealing with defence research, atomic energy and space; (7) any domestic ..... the dominant nature test :-- (a) where a complex of activities, some of the which qualify for exemption, others not, involves employees on the total undertaking, some of whom are not 'workmen' as in the university of delhi case (air 1963 sc 1873) or some departments are not productive of goods and services if isolated even then, the pre-dominant nature of the services and the integrated nature of the departments as explained in the corporation of nagpur (air 1960 sc675) will be the ..... public health wing of the public health engineering department under the state government was held to be an 'industry' by the kerala, ' bombay and rajasthan high court respectively in 1979 lab ic 255 (ker), 1991 lab ic 1385 (1392) (bom) and 1983 rajasthan ..... , 1991 (1) ujsc 1, as it fulfil the triple test laid down in bangalore water supply .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2002)ACC411; 2001(4)MPHT490
..... however, it is note-worthy that under section 18(2) of the railways claims tribunal act, 1987 the claims tribunal has to decide every application 'on a persual of document written, representations, affidavits and after hearing such oral arguments as may be advanced' ..... under section 65 of the railways act, 1989 also the burden of proving the weight etc ..... the learned claims tribunal has relied upon the stand of respondent that a dip was taken at the time of despatch, the same being 184.9 cm while at the time of delivery, the same was only 165.4 cm. 5 ..... according to it the appellant had accepted the weight as declared by the respondent and it could not apply a double standard, one for charging the fare and the other for imposition of liability ..... it is held therein that where consignment was booked at consignors siding without being supervised by the railway staff, the railway was not liable until plaintiff proved the actual quantity of goods despatched. ..... such a claim was repudiated by the railway on the ground that the rr was issued with an endorsement 'said to contain' and loading was not supervised by the railway staff. ..... it was claimed that the respondent was bound to prove that actually 23840 litres of hsd was loaded in the tank wagon at the siding of the respondent. 3. ..... in my considered opinion, the view of the tribunal which is based on record and documents filed by the parties has not been either erroneous or ..... on 29-8-1991 high speed diesel was loaded and booked from bajuwa to gwalior .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(4)MPHT474
..... after closing of the prosecution evidence when the case was fixed for defence evidence, after about three years from recording evidence of the aforesaid eye-witnesses, that an application under section 311 of cr.pc was moved on 16-5-1991, on behalf of the appellant for recalling the eye-witnesses. ..... all other information made orally or in writing after the commencement of the investigation into the cognizable offence disclosed from the facts mentioned in the first information report and entered in the station house diary by the police officer or such other cognizable offences as may come to his notice during the investigation, will be statements falling under section 162 of cr.pc. ..... from the facts and circumstances and the evidence discussed hereinabove, together with implications arising under the various decisions of the apex court, referred to hereinabove, we are of the considered opinion that the prosecution has successfully proved the offence under section 302 of ipc against appellant. ..... ,reported in 1991 (1) mpwn 227, it was held that when the accused persons enters, on his defence, and adduces any evidence that he may have in support, can only lead evidence in defence, but such right for recalling any prosecution witness for further cross-examination is not contemplated, under section 233 of cr.pc. .....
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