Court : Madhya Pradesh
Reported in : 1999(2)MPLJ649
..... this much is beyond controversy and the maharashtra legislature has acknowledged the position as indeed it must, in section 32 of the bombay lotteries (control and tax) and prize competition (tax) act, 1958. it is an act to control and tax lotteries and to tax prize competitions in the state of maharashtra. section 32(b) expressly provides that nothing in the ..... , it cannot be sold in the state of kerala without permission from the state.'our attention was also invited to the decisions of karnataka high court in the case of g. moorthy and ors. v. state of karnataka and ors., 1993(1) kar.l.j. 376 (db) wherein their lordships observed as under :'32. for the reasons stated ..... legislative power of the parliament, as such the action of the authorities of the government of karnataka in seizing the lottery tickets of lottery conducted by the royal government of bhutan are valid and are well within the ambit of the act, as such the same do not travel beyond the authority of the state and do not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(1)MPHT674
..... not preclude the respondent-corporation to initiate departmental enquiry against the petitioner on the charge that he has obtained employment by misrepresentation. he submits that principle of condonation by an act of the employer is not even remotely attracted in the facts of the present case.5. having appreciated the rival submissions, i find substance in the submission of shri agrawal ..... that the petitioner has obtained employment by misrepresentation that he belongs to scheduled tribe. he submits that the conduct of the respondent-corporation clearly shows that it has condoned the act of the petitioner in obtaining the employment by misrepresentation. in support of his submission he has placed reliance on the judgments of this court in the case of the state .....
Tag this Judgment!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 : 2001(5)MPHT15
..... if any, is purely incidental or inconsequential.41. it was laid down in paragraph 17 of the decision in vijay kumar sharma's case (supra) that the karnataka state act intended to eliminate private operators from the state in regard to contract carriages acquired under the existing permits, vehicle and ancillary property and with a view to giving ..... of taxation to both category of vehicles i.e. for 'contract carriage' and 'stage carriage'.chapter v of the motor vehicles act, 1988 deals with control of transport vehicles. section 66 of the said act prohibits use of a motor vehicle as a transport vehicle in any public place save in accordance with the conditions of a permit ..... cannot be said to be arbitrary or otherwise unconstitutional. it has its own purpose and does not put any unreasonable bar on the free flow of traffic. it is regulatory and aims at strict compliance of the karadhan adhiniyam. incident of taxation is directly and intrinsically connected with the permit. the motor vehicles .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT288
..... cannot be applied to the facts of this case. here, we are concerned with the right given under section 129a of the act as controlled by section 129e of the act, and that right is within a condition and thus a conditional right. the petitioner in this case has no absolute right of ..... claims tribunal are constituted under a special act, which provides for licensing of drivers of motor vehicles, licensing of conductors of stage carriages, registration of motor vehicles, control of transport vehicles, special provisions relating to state transport undertakings; construction, equipment and maintenance of motor vehicles; control of traffic, motor vehicles temporarily leaving or visiting ..... acj 997); krishna gopal v. dattatraya (air 1972 mp 125); revennppa v. gunderao (air 1983 karnataka 164); mrs. noreen r. srikantaiah v. dasarath ramaiah (air 1985 karnataka 208); state of mysore v. k.l. subbanna and ors. (1974 karnataka 109) and 1997 acj 372; gaya prasad v. suresh kumar [1992 acj 200 (mp)]; united .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ648; 2000(3)MPLJ561
..... cannot be applied to the facts of this case. here, we are concerned with the right given under section 129a of the act as controlled by section 129e of the act, and that right is within a condition and thus a conditional right. the petitioner in this case has no absolute right of ..... ajay 1994 acj 987 (mp); sarjubai v. gurudip singh 1994 acj 997 (mp); revanappa v. gunde rao 1982 (supp) acj 348 (karnataka); noreen r. srikantaiah v. l. dasarath ramaiah 1985 acj 628 (karnataka); state of mysore v. k.l. subbanna, air 1974 kant 109; gaya prasad v. suresh kumar 1992 acj 200 (mp); united ..... tribunals are constituted under a special act, which provides for licensing of drivers of motor vehicles, licensing of conductors of stage carriages, registration of motor vehicles, control of the transport vehicles, special provisions relating to the state transport undertakings, construction equipment and maintenance of motor vehicles; control of traffic; motor vehicles temporarily leaving or visiting .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1623
..... air 1994 sc 2227, wherein the apex court considered the question of applicability of article 137 to the case of reference under the land acquisition act. the deputy commissioner failed to make the reference within 90 days from the date of application by the claimant. application by claimant to court ..... enhanced compensation of rs. 19,367.60. the electricity board raised objection that the petition was barred by limitation under article 137 of the limitation act, 1963. the district judge agreed with the submission. the apex court in para 21 has observed:the changed definition of the words 'applicant' and ..... constituted under a special act, which provides for the licensing of drivers of motor vehicles, licensing of conductors of stage carriages, registration of motor vehicles, control of the transport vehicles, special provisions relating to the state transport undertakings; construction, equipment and maintenance of the motor vehicles; control of traffic; motor vehicles temporarily leaving .....
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 : 2002(1)MPHT315
..... said to regulate the private educational institutions but does not give any idea as to the manner in which the control over the institutions can be exercised, the preamble which describes the act 'for regulation' is not helpful at all. section6 which empowers the competent authority to grant or refuse to grant the permission for establishing ..... of haryana, air 1990 sc 371.95. in this regard we may profitably refer to the decision rendered in the case of p.m. ashwathanarayan v. state of karnataka, 1989 (supp.) 1 scc 696, wherein the apex court observed that directive principles of constitute fons juris in a welfare state.96. we have referred to the aforesaid ..... our duty if we do not refer to the decision cited by mr. tankha rendered in the case of karnataka liberal education society, belgaum v. state of karnataka and ors., air 1997 karnataka 93, wherein the learned single judge of karnataka high court in paragraph 6 held as under :--'6. i have given my anxious consideration to the submissions .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... the matter is whether the autonomy is so paramount so that the university can do as it pleases or there has to be some control whether the university can be permitted to act in any manner which is detrimental to the academic interest of the students at large whether the university can be exonerated from following ..... edifice of the equality clause of article 14 of the constitution. it is also highlighted by the learned senior counsel that the amended act no. 6 seeks to confer absolute and unguided control on the state government as regards the type and number of courses and study in the present university which is beyond the legislative ..... literature and ved vigyan propounded by maharshi mahesh yogi that no area of life is untouched by veda and vedic literature. the pervasive control which is sought to be taken by amending the act has been seriously commented in the rejoinder. the allegation that the university has entered commercial venture has been categorically controverted. emphasis is .....
Tag this Judgment!