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 : 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 : 1995(77)ELT68(MP)
..... decided on 7-4-1994 and declined to entertain the petition against order of detention passed under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 for want of jurisdiction.21. the relief claimed in the petition is that :-'the petitioner therefore prays that this hon'ble court be ..... govt. of india home deptt. 1992 cr. lj 3442 (kerala) t. madhusoodan v. supdt. of police; 1984 cr lj 757 (kant); dr. l.r. naidu v. state of karnataka, 1989 current cri. judgments 126 (mp); narendra kumar v. state of m.p.; 1976 cr lj 889 (gujarat); manjulaben v. c.t.a. pillay; 1985 cr. lj 1754 (patna ..... of gujarat, sachivalaya, gandhinagar, in excercise of powers under sub-section (i) of section 3 of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (for short, 'the act') and on the strength of government order dated 14th nov. 1990, the petitioner has filed this writ petition under article 226 of the constitution of india, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1995)125CTR(MP)73; [1995]214ITR65(MP); [1995]81TAXMAN270(MP)
..... analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review. the first ground i would call 'illegality, the second irrationality and the third procedural impropriety. that is not to say that further ..... commissioner of income-tax), investigating circle, issued notice to the petitioner in respect of the aforesaid assessee, as inheritor of the property under section 17 of the act (annexure 'd') proposing to reassess on the linchpin that net wealth has escaped assessment for the assessment year 1981-82 in the aforesaid petition and for ..... not pending. in k. m. ramdass case : [1987]166itr706(kar) the karnataka high court held as under (at page 710) :'section 2(ca) of the act which defines assessment includes reassessment also. but, the term assessment occurring in section 16a of the act, in the context, can be given the restricted meaning of assessment only and .....
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 : 1996(0)MPLJ389
..... valid, we, in order to remove the apprehension expressed by the learned counsel that the executive magistrates and the special executive magistrates who are under the control of the state may not be having judicial integrity and independence as possessed by the judicial magistrate and the recording of confessions and statements by those executive ..... pinnings and values, plainly revealing without any scope for doubt or debate, the intent of the constitution-makers, to immunise the judiciary from any form of executive control or interference. the independence of the judiciary is a fighting faith of our constitution. fearless justice is the cardinal creed of our founding document.12. it was ..... article 50 of the constitution in any manner. the trial by the executive magistrate of offences under the act also does not violate article 21 of the constitution. a decision of the karnataka high court in case of state of karnataka v. gangiah, 1979 cr. l.j. 732 was cited. in any case if this court is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)IILLJ1181MP; 1996(0)MPLJ835
..... 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 ..... court or supreme court, as the case may be. this interpretation subserves the object and intention of the legislature substituting section 65(3) of the act vide act no. 13 of 1986. it is well settled rule of interpretation that the court always lean towards a construction which would help to the true intention ..... under section 17b, if ultimately the employer succeeds in the litigation. the court referring to the provisions of section 10a of the industrial employment (standing orders) act, 1946, which deals with payment of subsistence allowance, observed that the amount paid as subsistence allowance, is neither recoverable nor refundable irrespective of the result of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP8
..... s. k. das, j. reiterated the principle and observed the statement of objects and reasons is not admissible, however, for construing the section far less can it control the actual words used'. again in case of state of west bengal v. union of india, air 1963 sc 241 the supreme court while considering the scope of ..... wakf property, are required to be transferred to the tribunal. this, according to the learned counsel would be writ large from 'statement of objects and reasons' of the act. 10. learned counsel representing the wakf board has brought to my notice the statement of objects and reasons incorporated with the bill, which reads as follows:-- 'it ..... district jhabua, in civil suit no. 23-a/94 whereby the suit in question has been declined to be transferred to the tribunal constituted under the wakf act. short facts giving rise to the present revision-petition are that the plaintiff filed suit for permanent injunction restraining the defendants, not to demolish the shop through themselves .....
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 : 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 .....
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