Court : Madhya Pradesh
Reported in : AIR1960MP280
..... are that the non-petitioner (devendra nath gupta), who is a tenant of the petitioner ramjiwan, filed a suit before the rent controller, under section 8 of the madhya bharat accommodation control act of 1955 (act no. 23 of 1956), alleging that the landlord, had, without sufficient cause cut off the tenant's electric connection and prayed that ..... groundthat because the tenant had not paid electriccharges, the electric company had cut off the connection of the whole house, including the portion in dispute.the rent controller ordered the landlord to restore the electric connection within 2 days from the order and, awarded compensation for the inconvenience caused to the tenant at the rate of ..... petition are in the main two :one: that contempt proceedings may be taken against the opposite party for not obeying the order of the court and not acting according to the compromise.two : that the tenant devendra nath gupta be directed to vacate the premises and pay up the arrears due.3. in respect of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP319; [1960(1)FLR152]; (1960)IILLJ551MP
..... of financial difficulties (including financial losses) or accumulation of undisposed of stock is not taken to have closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to sub-section (1) of section 25fff. without an adjudication on all these points, the compensation ..... the labour commissioner himself could determine the amount and order its recovery under section 33c,4. the question raised here is, thus, whether the labour commissioner acted legally in issuing the certificates of recovery when the amount of compensation payable to the workers had, as contended by the petitioner-mills, not been determined ..... rashtriya mill maz-door sangh, rajnandgaon, the labour commissioner made calculations of the amount of compensation payable to the various employees under section 25fff of the act and issued certificates for the recovery of a total amount of rs. 14,66,229/-from the mills as arrears of land revenue. pursuant to these .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP136
..... been allowed a right of audience, she could not have altered the result.'20. as laid down by their lordships of the supreme court in amalendu gosh v. district traffic superintendent north-eastern railway katihar, air 1960 sc 992, which was a case of imposition of penalty on a railway servant as a result of a railway accident, ..... is similar to that of the examinations committee in the supreme court case referred to above. that committee too is authorised to consider similar cases subject to sanction and control of the board which is akin to syndicate.13. now the results committee while dealing with the case of a candidate alleged to have used unfair means at an ..... framed thereunder and particularly rule 1 (i) of chapter vi of the regulations framed under section 15 of the act which is in the following terms:'it shall be the duty of the examinations committee, subject to sanction and control of the board, 1. to consider cases where examinees have concealed any fact or made a false statement in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP77
..... only to those cases of acquisition or requisitioning of property where there is transfer of ownership or right to possession to the state or to a corporation owned or controlled by the state; that clause (i) deals with all cases of acquisition of property by law not falling under clause (2); and that under article 31 ..... , etc. of religious and charitable institutions. it is, therefore, proposed to discontinue the cash grants. the bill is designed, to achieve this object.'in the act itself there is no indication whatsoever, of the purpose behind the intended discontinuanceof the cash grants. the interest of the general public likely to be served by the ..... to the government unchecked and absolute power to treat anyone it likes as a grantee, the legislature abdicated its legislative function; and lastly, (7) that the act is a piece of colourable legislation and does not subserve any public purpose or public interest. 4. before dealing with the petitioners' contentions it is necessary to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP196
..... opportunity to the party desiring to produce evidence to give evidence relevant to the enquiry and within reason and it would have alt the powers of controlling the giving and the recording of evidence that any court has. subject therefore to this overriding power of the state government or the officer giving the ..... by parliament, the explanation inserted by the state legislature limited the right to the classes of persons therein mentioned. this disharmony is undoubtedly there, but the state act 2 of 1963, which inserted the explanation, was, reserved for the consideration of the president and received his assent under clause (2) of article 254: of ..... petitions also.3. as already indicated, these petitions call in question the various steps taken under the machinery provisions contained in chapter iva of the act and the rules made thereunder for approving certain schemes providing for the slate transport undertaking to carry on the passenger transport business on certain routes to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP52
..... superintendent, nagpur, the general manager of the south-eastern railway, calcutta, and some other railway authorities on 1-9-1959 preferring his claim under section 77 of the railways act. on 21-11-1959, the district commercial superintendent, south-eastern railway, nagpur, wrote to the station master, durg, vide his letter (ex. p-6) that delivery ..... appeal should be dismissed as barred by time. it is urged that the appellant is not entitled to any exclusion of time under section 12 of the limitation act inasmuch as the certified copies of judgment and decree which the appellant filed with the appeal were not obtained by him. the respondent has filed an affidavit ..... appellant having not spent any time in obtaining copies because it was the respondent who had obtained them, no time can be excluded under section 12 of the limitation act.7. in our opinion, there is no substance in the contention advanced by the learned counsel. so far as this appeal is concerned, it was presented with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP117
..... to the effect that the various schemes would be taken up by him on 30th january 1965 for approval or modification under section 68-d of the act, many existing operators, including the petitioners, appeared and raised certain objections before the special secretary who, overruling them, passed the impugned order dated 2nd ..... amended supplementary instruction no. 2, the chief minister expressly authorised the special secretary to exercise the powers of the state government under section 68d of the act to approve or modify the schemes and also to take all further steps towards that end. 7. supplementary instruction no. 2, as amended on 1st ..... petitions, some existing operators called in question, broadly speaking, the various steps which had been taken under the machinery provisions of chapter iva of the act and the rules made thereunder for approving certain schemes prepared for enabling the state transport undertaking to provide passenger transport services on certain routes to the complete .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP150; 1968MPLJ854
..... in any political party or in the political field. no operator has stated the events and happenings between the chief minister and the person or persons controlling the services run by the petitioner on account of which shri mishra was said to have become antagonistic to it. had there been such events ..... compared notes with the deponent in regard to the programme of the corporation for exclusive operation on various routes and appropriate amendment of the motor vehicles act with regard to nationalisation of passenger services in madhya pradesh. that on 14-12-1962, the departmental standing committee of the planning and development department ..... not necessarily clothe the authority with the judicial power of the state. even administrative or executive authorities are often by virtue of their constitution, required to act judicially in dealing with question affecting the rights of citizens. boards of revenue, customs authorities, motor vehicles authorities, income-tax and sales-tax officers are .....
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 : 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 .....
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