Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... supreme court have to be read in that light on which heavy reliance was placed on behalf of the petitioner :'in so far as social legislation, like the rent control act is concerned, the law must strike a balance between rival interest and it should try to be just to all. the law ought not to be unjust to ..... reserved category scheduled tribes. reliance is placed on dr. chakardhar paswan v. state of bihar and ors. [(1988) 2 scc 214] and s.r. murthy v. state of karnataka (j.t. 1999 (8) s.c. 525). it is contended that even in service jurisprudence reservation of single post is held to be bad by the supreme court as ..... been made so that they can safeguard and preserve their traditions and customs, their cultural identity and community resources.the fifth schedule in the constitution provides for administration and control of scheduled areas and of scheduled tribes. these provisions also moderate, modify and indeed curtail many of the provisions in the constitution. it is important to note that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT1; 2003(3)MPLJ554
..... rental value for the purpose of assessment to property tax, the corporation must adopt as the annual value the standard rent which could be fixed under the accommodation control act when the premises were let out. while answering this question in the negative, this court distinguished the earlier decisions in the cases of padma debi, l1c, ..... . v. state of kerala, air 1970 sc1133; state of maharashlra v. m.b. badiya, air 1988 sc 2062 and p.m. ashwathanarayana setty v. state of karnataka, 1989 suppl (1) scc 696 and eventually in paragraph 16 came to hold that the grounds upon which the rules have been invalidated are unsupportable in law. their lordships ..... the property tax to be levied upon buildings within the municipal corporation. there is no provision in the statute that the fair rent determined under the rent control act in respect of a property is binding on the commissioner. the legislature has wisely not made such a provision because determination of annual rent depends on several .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ267
..... stores v. b. mohanlal sowcar; air 1988 sc 1060. considered the provisions in section 10(3) (a) of the t. n. buildings (lease and rent control) act 1960. the provision consisted of three clauses. clause (i) dealt with residential building and contemplated requirement of landlord to put him in possession of a residential building, if ..... has nothing to do with the election to the office of the president and the vice-president. there is no provision in the act also vesting any power of superintendence or control with the state election commission over the elections to the offices of the president and the vice-president. in these circumstances, the words ..... or in connection with, elections to the municipalities. article 243k which occurs in chapter-ix dealing with elections of the panchayats states that superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the panchayats shall be vested in a state election commission consisting of a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ2807
..... 1972). these discretionary powers exist only where expressly spelt out and even these are not left to the sweet-will of the governor but are remote-controlled by the union ministry which is answerable to parliament for those actions. again, a minimal area centering round reports to be despatched under article 356 ..... allocated to any minister. the various subjects included in that department were distributed amongst several ministers. transport was allocated to the transport minister. motor vehicles act as such was not allocated to any minister. the allocation of business among the various ministers appears to have been made under broad heads. while ..... . criminal law including all matters included in the indian penal code and all matters included in the code of criminal procedure, 1973 except probation of offenders act respectively have been allocated to law and legislative affairs department under the aforesaid items. it is his contention that under the m.p. government business (allocation .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP52; 1972MPLJ149
..... 1967 sc 799, their lordships considered an analogous provision contained in section 38(1) of the delhi rent control act, 1958, which is in these words:-- 'an appeal shall lie from every order of the controller made under this act to the rent control tribunal.....' their lordships said:-- 'the object of section 38(1) is to give a right of appeal ..... was carelessly dropped by the defendants' servants into the harbour at folkestone, and was with its contents of course much damaged. section 7 of the railway and canal traffic act enacted:-- 'every such company shall be liable for the loss of or injury done to any horses, cattle or other animals, or to any articles, goods or things ..... section 7 ought to be construed to include it. the question then arose whether section 16 of the regulation of railways act, 1868, (31 and 32 vict. c. 119) includes that provision of the railway and canal traffic act, so as to apply it not only to the carriage by railway but also to carriage by steamer. section 16 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP191; 1970MPLJ292
..... defects in procedure. hidayatullah, j., who had recorded a dissenting opinion in air 1965 sc 895 (supra) observed:'as observed already some of the provisions controlling the imposition of a tax must be fully complied with because they are vital and therefore mandatory, and the others may be complied with substantially but not ..... government condones the departure, the decision of government is rightly made final by making the notification conclusive evidence of the compliance with the requirements of the act. it is not necessary to investigate whether a complete lack of observance of the provisions would be afforded the same protection, it is most unlikely ..... 'conclusive evidence' implied that the publication of the notification dispensed with all corroborative evidence of imposition of the tax in accordance with the provisions of the act and forbade consideration of all contra-indicating evidence. in onkarsa tukaram v. municipal committee, nandura, air 19-10 nag 293 a division bench of this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ744
..... so limited as would defeat the underlying idea of the concept. we have found it difficult, therefore, to agree with shri nigudkar that, as held by the karnataka high court, exemption by way of inter-section to overcome the handicap of overlapping is permissible only when the private operator route and the notified route terminates in ..... an inter-state route, care may be taken of the stalemate, by the central government appropriately. the underlying public policy of the new act obviously is to ensure free flow of passenger traffic and to achieve that purpose, the procedure for grant of permit is simplified on the one hand and on the other hand, power is ..... context to refer to section 2(42) (iii) which defines 'state transport undertaking' to mean, among others, 'any municipality or any corporation or company owned or controlled by the central government or one or more state governments, or by the central government and one or more state governments'.6. it is now judicial history that saghir .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP182
..... the property tax to be levied upon buildings within the municipal corporation. there is no provision in the statute that the fair rent determined under the rent control act in respect of a property is binding on the commissioner. the legislature has wisely not made such a provision because determination of annual rent depends on several criteria ..... contained anon obstante clause. we are of the view that the basis for determination of annual rent value has to be the standard rent where the rent control act is applicable and in all other cases reasonable determination of such rent by the municipal authorities keeping in view various factors as indicated herein earlier, including the ..... v. state of kerala, air 1970 sc 1133: state of maharashtra v. m. b. badiya, air 1988 sc 2062 and p. m. ashwathanarayana setty v. state of karnataka. 1989 suppl (1) scc 696: (air 1989 sc 100) and eventually in paragraph 16 came to hold that the grounds upon which the rules have been invalidated are unsupportable .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1994MP143; 1994CriLJ2658; 1994(0)MPLJ644
..... under article 15(4) of the constitution of india.11. it is further argued that section 3 of the act also operates against muslims and christians who are not believers of caste system. in k.c. vasanth kumar v. state of karnataka air 1985 sc 1495, o. chinnappa reddy, j. (as he then was) has held at page 1512:' ..... the ordinary panel law' and said in paragraph 11 of the judgment that constitutional validity of the act underarticle 21 was left open. thus, the supreme court has not considered the scope and ambit of article 21 in that case.in narcotics control bureau's (supra), the supreme court was considering the scope of limitation imposed on the powers to ..... and the provisions of the narcotic drugs and psychotropic substances act, 1985 and the decisions of the supreme court reported in usmanbhai dawoodbhai menon v. state of gujarat, 1988 (2) scc 271 : air 1988 sc 922 and narcotics control bureau v. kishan lal, air 1991 sc 558 : 1991 (1) scc 705.in usmanbhai dawoodbhai menon's case (supra) in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP140; 1981MPLJ62
..... contains section 18fa empowering the central government to authorise with the permission of the high court to take over management or control of industrial undertakings owned by companies in liquidation. the amending act further added chapter iii-ab which bears the heading 'power to provide relief to certain industrial undertakings.' chapter iii-ab ..... a notification of the same date issued under section 1(3) of the act. chapter iii-a of the act which provides for direct management or control of industrial undertakings by the central government in certain cases, was inserted in the act by act no. 26 of 1953. section 18a in this chapter authorises the central ..... to the validity of the constitution (39th amendment) act introducing the industries (development and regulation) act at item 88 in the ninth schedule with particular reference to sections 18fb and 29d of the act has to be examined. the act seeks to bring under central control the development and regulation of a number of important .....
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