Court : Madhya Pradesh
Reported in : 1992(61)ELT560(MP); [1990]79STC156(MP)
..... are nothing more than wood cut up or sawn and would be timber. planks, beams and rafters would also be timber.'again, in sterling foods v. state of karnataka [1986] 63 stc 239, the supreme court has held :'processed or frozen shrimps, prawns and lobsters are commercially regarded the same commodity as raw shrimps, prawns ..... of the original pineapple fruit for the purpose of manufacture and the case does not fall within section 5a(1)(a) of the kerala general sales tax act, 1963. although a degree of processing is involved in preparing pineapple slices from the original fruit, the commodity continues to possess its original identity, notwithstanding the ..... and by a common order, the revision was dismissed. according to the divisional deputy commissioner, the definition of 'manufacture' in section 2(j) of the state act is very wide and includes any process or manner of producing, collecting, extracting, preparing or making any goods. crushing lumps will be within the activity of manufacture. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ834
..... accused's right to bail and delhi high court's d. b. decision that high court's bail power under section 439, criminal procedure code is not controlled by section-37, ndps act was reversed. the decision clearly and firmly establishes the premises that section 37, ndps is sole repository of the bail power, whether of the 'special ..... mainly on kerala high court's full bench decision berlin foseph, 1992 (ii) crimes 353. while two other decisions cited by learned single' judges of orissa and karnataka high courts respectively, in sanatan singh, 1992 cri. l.j. 352 and kamlaba, ibid p. 561, obfuscate further the issue. in neither of the two cases ..... peace-loving citizens against any kind of clandestine organised activity, overtly violent or covertly so, impinging on public safety and security of state. the anti-drug traffic covenants of united nations of 1961, 1971 and 1988 have international community's support and sanction. they derive authority from article 25 of the united nations declaration .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP14; 1996(0)MPLJ283
..... investigation and prosecution launched against the petitioners.3. the petitioner no. 1 is a society registered under section 9 of the m. p. cooperative societies act, 1960 and petitioner no. 2 is its president. the petitioners purchased certain pieces of land by a registered sale deeds within the urban agglomeration. these ..... , tripura, uttar pradesh and west bengal resolved that the parliament may make law on urban land ceiling. therefore, parliament enacted this act, though it was within competence of state legislature to make the law on this ..... is alleged that this act was enacted to put ceiling on land in urban agglomeration. it is contended that in pursuance of clause (i) of article 252 of the constitution of india, eleven houses of legislature, namely, state of andhra pradesh, state of gujarat, states of haryana, himachal pradesh, karnataka, maharashtra, orissa, punjab .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ693
..... 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 ..... action or exercise of discretionary power. (see jain and jain 'principles of administrative law' at pages 580 to 581).59. within the permissible limits of judicial control of administrative action, as explained by us, above, alternatively, we propose to examine the material and circumstances brought forth by the state in this case to decide ..... impugned notification are concerning the official conduct of the ex-chief ministers and the officials connected with the matters of granting concessions and exemptions under the lottery act, to the society which conducted the lottery. here again the purpose of enquiry set up is to take consequential penal and departmental actions against the erring .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP91; 1970MPLJ16
..... tribunal, are conclusive. this theory which was in vogue in the 19th century in england was later abandoned as it had the effect of reducing jurisdictional control of the inferior tribunals to vanishing point and making the tribunals judges of their own jurisdiction giving them authority to usurp powers not intended to be conferred ..... in the second sub-section of section 39. the language employed in section 39 is thus apparently quite comprehensive. bat statutory provisions like section 39 of the act, which oust the jurisdiction of the ordinary courts in spite of their apparent wide language, have certain inherent limitations. thus the second subsection which prevents the ..... '. this sub-section has the effect of creating exclusive iurisdiction in the state government and other authorities, including the jagir commissioner, on matters: which under the act are to be settled, decided and dealt with by them. even after such matter is so settled, decided or dealt with, the final order passed by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1988)ACC300; AIR1988MP38
..... udeshi v. ranjit ginning & pressing co. pvt. ltd., air 1977 sc 1735: --'sections 95(a) and 95(b)(i) of the motor vehicles act adopted the provisions of the english road traffic act, 1960, and excluded the liability of the insurance company regarding the risk to the passengers. section 95 provides that a policy of insurance must be a ..... third parties' states thus :'the company shall not be liable in respect of damage to property belonging to or held in trust by or in the custody or control of the insured or a member of the insurer's household or being conveyed by the motor vehicle'.from the insurance policy, therefore, it is apparent that the ..... policy and limits of liability, and section 110(1) which provides for constitution of claims tribunal for adjudicating upon claims for compensation fall under chapter vii of the act entitled 'insurance of motor vehicles against 'third party' risks'. the claim of damages in respect of property of the cooperative society in the instant case, according to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP247
..... enacted to give effect to the constitutional provision of article 225 as is made clear by the heading of the relevant chap, iv of the said act. because the power of administrative control under article 235 cannot be exercised by any judge or any committee in an arbitrary or unauthorised manner, legislature has made that provision. we would, ..... 122 and 124, cpc. but we would also refer to m.p. civil courts act, 1958 and to certain provisions thereof. that act provides for constitution of civil courts in the state and chap. iv of the said act deals with 'administrative control'' to be exercised on those courts. section 14 of that chapter provides that subject to ..... that object which would neutralise the exercise of the powers by the state government under section 35 of the act.9. in our view, reliance on article 225 is also misconceived. by now, it is well settled that the 'control' envisaged under article 235 is of administrative nature. the context and getting of the provision makes that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ432
..... good law, appears to be correct as the supreme court had given wider meaning to word 'retrenchment' than the meaning as understood by ordinary acceptation, in : management of karnataka state road transport corporation (supra); gammon india ltd. v. niranjan das, air 1984 sc 500; mohanlal's case, air 1981 sc 1253 (supra); l. robert d ..... to him. the petitioner, therefore, claimed that he be reinstated with back wages, by filing an application under section 31(3) of m p. industrial relations act, 1960 ('the act' for short).3. the respondents, inter alia claimed that the work of the petitioner was not satisfactory. the respondent nos. 2, 3 and 4, in their ..... and (b) of m. p. industrial employment (standing orders) rules, 1963 (henceforth 'the rules of 1963') framed under m.p. industrial (standing orders) act, 1961 ('the act of 1961' for short). however, the learned counsel for the petitioner did not question the vires of aforesaid clauses before me presumably because a division bench of this court .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
..... mst. sultan jehan begum and others v. gul mohammad and others, reported in air 1973 mp 72 to the effect that section 28 of the limitation act (old act) merely declares when the right of the person out of possession is extinguished and it is not correct to say that section confers title on the person ..... governs those matters for which provision is madetherein. in other respects the general law continues to apply ......we do not think that the provisions of the act enabled (the act has been repealed) a trespasser to impose himself as a tenant on the landlord by means of adverse possession of the holding as against the tenant for ..... 36. the expression bhumiswami as contemplated under the madhya pradesh land revenue code, 1959, encompass not only the so called proprietors, jagirdars, etc., envisaged under the acts in force immediately preceding the commencement of the code of 1959 but also the persons who were considered to be tenants previously. the bhumiswami contemplated under section 158 of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP243; 1977MPLJ341
..... service of the gwalior northern india transport company. his date of birth was recorded as december 5, 1908. at the relevant time, he was employed as a traffic supervisor in the m. p. state road transport corporation. the divisional manager by his letter dated june9, 1969, ordered his retirement with immediate effect under regulation ..... made by the m. p. s. r. t. c. are valid having been made by virtue of section 45 of the road transport corporations act, 1951, which act falls within the entry 43 or 44 of list i of the seventh schedule to the constitution. it was also rightly held that the standard standing orders ..... , recruitment, shift working, closure, temporary stoppage and lay off, termination of employment, disciplinary action for misconduct, retirement etc. section 3(b) of the standing orders act contemplate 'standard standing orders' to be framed by the state government, section 6 provides that the state government may by notification apply 'standard standing orders' to such .....
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