Court : Madhya Pradesh
Reported in : AIR1966MP273
..... air 1964 sc 1279. in that case, the supreme court considered the validity of the parenthetical clause occurring in section 437(1) (b) of the calcutta municipal act, 1961, which is as follows:'437 (1). no person shall use or permitor suffer to be used any premises for any ofthe following purposes without or otherwisethan in conformity ..... food-stuffs. section 3(1) gives to the central government, and to the state government when it acts in the exercise of the powers delegated to it under the act, the power to make an order for regulating or prohibiting the production, supply and distribution of any essential commodity and trade and commerce therein if the government is ..... said to be a provision made by the government in excess of its authority. clause (j) of sub-section (2) of section 3 of the essential commodities act, 1955, expressly gives to the government the power to make an order providing for any incidental and supplementary matters, including in particular the entering and search of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)IILLJ1181MP; 1996(0)MPLJ835
..... for all the undertakings in the state in the annexure to the m.p. industrial employment (standing orders) rules, 1963, framed under m.p. industrial employment (standing orders) act, 1961. standard standing order 12 deals with disciplinary action for misconduct of which clauses (g) to (i) of section 12(4) which deal with payment of suspension allowance during the ..... and not what was paid upon the termination of employment' seem to be conflicting with the observations in the case before the division bench of karnataka high court. the division bench of karnataka high court observed in paragraph 12 that the contention that the full wages last drawn should be interpreted so as to include not only the ..... to him. full wages means full wages during the course of employment, and not what was paid upon termination of the employment.14. a division bench of karnataka high court in vishveswaraya iron and steel ltd. v. m. chandrappa and anr. (1994-i-llj-555) also considered the scope of section 17b of the i. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1989MPLJ422; [1991]81STC269(MP)
..... the high courts will issue appropriate orders or directions to prevent such consequences. writ of certiorari and prohibition can issue against income-tax officer acting without jurisdiction under section 34 of the income-tax act.'the supreme court further held that when an action of the income-tax officer is without jurisdiction ..... or certiorari will not issue against an executive authority, the high courts have power to issue in a fit case an order prohibiting an executive authority from acting without jurisdiction. where such action of an executive authority acting without jurisdiction subjects or ..... act, or to submit any return or to pay tax under these two enactments, as its activities at malajkhand in the state of madhya pradesh do not bring it within the purview of these enactments. the supreme court in calcutta discount co. ltd. v. income-tax officer : [1961]41itr191(sc) has held :'though the writ of prohibition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1990)IILLJ313MP; 1990MPLJ515
..... until they had attained the age of 60 years.12. because the learned single judges have relied on rule 14a(1) of m.p. industrial employment (standing orders) act, 1961 (hereinafter referred to as the 'standing orders'), we may extract that provision also:'14-a. retirement;-- (1) an employee shall retire from the service of the employer ..... to that conferred upon the high courts by article 226. though at the first blush it may be seen that a writ of certiorari or a writ of prohibition partakes of the nature of superintendence in as much as at times the end result is the same, the nature of the power to issue these writs is ..... following passage extracted from para 99:'the power of superintendence conferred upon every high court by article 227 is a. supervisory jurisdiction intended to ensure that subordinate courts and tribunals act within the limits of their authority and according to law (see state of gujarat v. vakhatsinghji veghela. (air) 1968 sc 1481, 1487, 1488 and ahmedabad mfg. & .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ693
..... the enquiry is directly and squarely into an arena which dealt with income, expenditure and wealth of a citizen. these are matters which are covered by income tax act, 1961 and wealth tax act, 1957. such matters, therefore, exclusively fall in the central legislative list i, entry 93 of 7th schedule, read with entry 94 of the said list. ..... powers and making illegal gains, make their actions 'actionable wrongs' covered by entry 8. reliance is also placed on the decision in the case of state of karnataka v. union of india and anr., air 1978 sc 68.32. on the subject of legislative competence, we have looked into several legislative entries on which either ..... into any definite matter of public importance and that government is of opinion that all or any of the provisions of this act should be made applicable to that authority, that government may, 'subject to the prohibition contained in the proviso to sub-section (1) of section 3, by notification in the official gazette, direct that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ176
..... of collection by auction is not prohibited on the other hand, the provisions of the m. p. municipalities act impliedly and rules expressly permit the same. the scheme for collection of tax by auction is not unknown. the collection of toll tax by auction is not uncommon. the provisions of m. p. municipalities act, 1961 are reproduced below :'section 105. ..... by way of tax, has to be credited in treasury. thus, auctioning the right to collect tax was against the specific legislative prohibition. yet another reason given by the court is that the authority can act only in the mode prescribed. the passage quote from prof. h. w.r. wade, administrative law 5th edi., pages 319 and ..... credit of moneys to municipal fund - (1) there shall be credited to the municipal fund -(a) all moneys received by or on behalf of the council under the provisions of this act or of any other law for the time being in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP68
..... and kailash nath v. state of bombay, air 1957 sc 790. in balsara's case it was held that a notification issued under section 139 of the bombay prohibition act, 1939 which authorises the government to exempt any intoxicants or class of intoxicants from all or any of the provisions of the ..... , continued as a 'law in force' by article 372 of the constitution. the case of edward mills was followed in madhaorao v. state of m. b., air 1961 sc 298 = (1961-1 scr 957) where it was held that kalambandis of the erstwhile gwalior state were at least in the nature of orders or regulations having the force of law ..... notifications on the subject, the central government specially empowers each of the officers specified in the schedule below to make complaints in respect of offences punishable tinder the said act. the scheduleofficers of the state government.name of stute and designation of officer.headquarters of the officers.district (police sagar station)station officer.rehli.rehli.'4. statutory provision .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990(0)MPLJ239
..... course of an investigation shall be used for any purpose during enquiry or trial in respect of any offence under investigation, except for the purpose of contradiction. the prohibition contained in section 162 relates to all statements made during the course of an investigation. it cannot be set at naught by the police officer by not himself ..... the learned trial court concluded that ashok sharma is the sole eye-witness to the payment of bribe. in major e.g. barsay v. state of bombay, air 1961 sc 1762, it was held that the complainant is an accomplice. though a trap witness is not as approver, he is certainly an interested witness in the sense ..... , the infirmities pointed out in the prosecution evidence deserve to be overlooked since the prosecution is entitled to rely on the prsumption under section 4(1) of the act that the appellant accepted the gratification for the purposes mentioned in section 161, indian penal code, unless the contrary was proved by him.36. the argument cannot be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP225; 1965CriLJ507
..... of the prosecuting or investigating agency on the identifying witnesses; and, secondly, to comply with the provisions of section 162 of the code of criminal procedure which prohibits the conduct of identification parades by police officers. the presence of a lock-up sentry in the courtyard, where the parade was being conducted by a tahsildar and ..... becomes admissible in evidence, strictly comply with the provisions of that section. it was for this reason that the supreme court in deep chand's case, air 1961 sc 1527 (supra) stated:'it is, therefore, clear that the memorandum prepared by the magistrate describing the present condition of the house and the evidence given by ..... to the first, their lordships of the supreme court in deep chand v. state of rajasthan, air 1961 sc 1527 at p. 1531 said:''these two sections (section 164 cr. p. c. and section 9 of the evidence act) deal with different situations; section 164 of the code of criminal procedure prescribes a procedure for the magistrate .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP41
..... not be received by such a court. unless in respect thereto the prescribed court-fees is paid, there is no other provision in the said act prohibiting any application for succession certificate to be entertained and decided unless ad valorem court-fees is paid in advance for the 'certificate' which may or ..... section heading/marginal note to seek intrinsic evidence of legislative intent (see bhinka, air 1959 sc 960 : (1959 cri lj 1223) k. m. nanavati, air 1961 sc 112 : (1961 (1) cri lj 173). it appears clear to me that the provision is not contemplated as a bar for any application for succession-certificate to be entertained unless ..... intestate rules' candidly demystify the crisis of interpretation. 8. norms of 'purposive' and 'harmonious' interpretation go hand in hand. between relevant provisions of court-fees act and succession act and also between the provisions inter se of those enactments harmony must be secured and purpose of those provisions are to be kept in view only. sections 372 and .....
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