Court : Madhya Pradesh
..... /2012-bhawani rajesh cable and digitech services pvt. ltd. vs. union of india on 31.10.2012, allahabad high court in case no.2446/2012 on 21.3.2013, karnataka high court in writ petition nos.14946-14954/2013 on 16.4.2013 and gujarat high court in special civil application no.3582/2013 on 16.4.2013, in which ..... an all time high. on 29th october, 2012 about 88,000 set top boxes were installed out of which more than 61000 boxes were installed in delhi alone. the control room set up by the ministry has been receiving on a average around 400 calls per day since 15th october, 2012. ministry has positioned mso representatives also to sit in ..... was called upon to provide details, none have been furnished. the notice therefore proposed to suspend or revoke the registration of the petitioner under the cable television networks (regulation) act 1995. the petitioner replied on 8 september 2012 stating that it was in the process of installing its digital head end and that the seeding of the set top boxes .....
Tag this Judgment!Court : Madhya Pradesh
..... and the findings recorded by the tribunal does not call for any interference.7. inviting our attention to the principle laid down in the case of the secretary, state of karnataka & ors. vs. uma devi (3) & ors. 2006 (4) scc 1.shri m.p.shukla argued that as the induction of the petitioners itself into the department is ..... w.p.no.15893/2005 & w.p.no.7209/2006 by this, petitioner shri manot kumar shukla raised a disputed under section 55 of the m.p.cooperative societies act, 1960 before the dy. registrar cooperative societies, who dismissed the claim by his order dated 22.10.2002. an appeal was filed before the joint registrar cooperative societies and ..... said case, appointments were made and the termination was ordered in view of section 35 (3) of the bihar universities act wherein a statutory provision was contemplated that if any appointment or promotion is made contrary to the act, the appointment can be terminated. it was the case of the employee before the supreme court in the said case .....
Tag this Judgment!Court : Madhya Pradesh
..... purpose or grant any lease, etc. in respect of forest land to any private person or any authority, corporation, agency or organization which is not owned, managed or controlled by the government. 20. an exhaustive reading of the above will make it clear that when the lease granted in favour of the petitioner expired on 31st july, 1981 ..... thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by government; (iv) that any forest land or any portion thereof may be cleared of trees which has grown naturally in that land or portion, for the purpose ..... out. the apex court while dealing with such a situation, has considered the provisions of section 11 of the act at length and has interpreted the same in the case of sandur manganese and iron ores limited vs. state of karnataka and others, (2010) 13 scc 1. this court, while looking to such interpretation in the case of manglam .....
Tag this Judgment!Court : Madhya Pradesh
..... distinction between two jurisdiction stands almost obliterated in practice. the view taken in surya dev rai (supra) has been relied in the case of mani raju v. state of karnataka, (2008) 4 scc 451. therefore, we are not inclined to accept the view taken by jharkhand high in the case of murliwala minerals pvt. ltd. (supra). for ..... authority. [see: nagendra nath bora and another v. commissioner of hills division and appeals, assam and others, air 1958 sc 398, m/s pioneer traders v. chief controller, air 1963 sc 734 and ashok kumar and others v. sita ram, air 2001 sc 1692. 10. in the instant case the petitioner has sought a writ of ..... itself requires judicial approach, the decision will be quasi judicial. 9. the supreme court while dealing with the question whether an award passed under section 10a of industrial disputes act, 1947 is insulated from interference under article 226 of the constitution of india, in the case of rohtas industries limited v. rohtas industries staff union, 1976 (2) .....
Tag this Judgment!Court : Madhya Pradesh
..... taken only in accordance with law as per the mandate contained in article 300-a of the constitution of india. in coffee board, karnataka, bangalore v. commissioner of commercial taxes, karnataka and others, air 1988 sc 1487 it has been held that power of eminent domain can be exercised upon making just compensation. 9. ..... national urban renewal mission, the central government has sanctioned a scheme called as bus rapid transit system for improvement of public transport system to avoid hazardous traffic in the city of bhopal. the central sanctioning and monitoring committee (in short the committee) constituted under the ministry of department of urban development central government ..... been held in the case of coffee board (supra). for this reason in all the relevant provisions of law i.e. the 1973 act, 1956 act as well as the 2013 act, provisions for making payment of compensation to the person whose property is being acquired, have been incorporated. therefore, the corporation cannot be .....
Tag this Judgment!Court : Madhya Pradesh
..... 4 scc 174 ( jayantilal amrathlal vs. the union of india) the apex court opined as under:- "8. the above contention is untenable. there are no provision in the gold (control) act, 1968 which are inconsistent with rule 126(i)(10) of the "rules". that being so, action under that rule must be deemed to be continuing in view of section 6 ..... whether those words are comprehensive enough to take in a scheme already framed. it was held that the scheme framed is a thing done under the repealed act. in (m.s. shivnanda vs. the karnataka state road transport corpn. and ors) reported in (air 1980 sc 77) the apex court again opined that it depends on the construction of the ..... proceedings were initiated in order to acquire the right but no right is actually accrued and acquired. reliance is placed on air 1980 sc 72 (m.s.shivananda vs. the karnataka state road transport corpn. and ors.), air 1989 sc 1614 (bansidhar and ors. vs. state of rajasthan and ors.), air 1991 sc 2156 (vinon gurudas raikar vs. national .....
Tag this Judgment!Court : Madhya Pradesh
..... the teacher and is not within the domain of public law." 12. the supreme court in the case of t.m.a. pai foundation and ors. v. state of karnataka, (2002) 8 scc 481 has held that right to establish and run an educational institution is an occupation within the meaning of article 19(1) (9) of the constitution ..... no.1, as the regulation 2007, has statutory force of law. if this court issue a direction in favour of the petitioners then, it would amount to an act of legislation which is beyond the scope of jurisdiction of this court. 9. learned counsel appearing on behalf of the petitioners has strongly argued that the action of the ..... no.1-dental council of india, has framed the regulation named as dental council rules of mds course regulation 2007 in exercise of powers conferred by section 20 of dentists act. the regulation 2007, has statutory force of law. section 1 of regulation 2007, prescribes regulation for mds degree and thereafter selection for the post graduate students. the procedure .....
Tag this Judgment!Court : Madhya Pradesh
..... levy of court fees ad valorem on the value or amount of the subject matter of suits and appeals without any prescription of upper limit in the concerned states (karnataka, rajasthan and maharashtra) enactments. the point no.(d) considered by the supreme court in this decision, as articulated in paragraph 31 of the judgment, is more ..... the logic considered in the said decision is not strictly applicable to the questions considered in the context of the amendment to the provisions of the court fees act, making it more favourable and beneficial to the litigating public for resorting to the remedy of appeal against the decision rendered by the subordinate court in the ..... 6. this very question was considered by the division bench of our high court in the case of fatehchand (supra). the division bench opined that the amendment act was not made retrospective in nature either expressly or impliedly. in absence thereof, it was required to be treated as prospective in nature. relying on the decision .....
Tag this Judgment!Court : Madhya Pradesh
..... 4 scc 766 : lnind 2004 sc 462 and karnataka power transmission corporation v. ashok iron works pvt. ltd., air 2009 sc 1905 : (2009) 3 scc 240 : lnind 2009 sc 270: (2009) 3 mlj 504. 6. ..... having its own limitations. in case of conflict between the plain language of the provision and the meaning of the heading or title, the heading or title would not control the meaning which is clearly and plainly discemible from the language of the provision thereunder. [see: raichurmathan prabhakar v. rawatmal dugar, air 2004 sc 3625: (2004) ..... background the petitioner visited this court. 3. learned counsel for the petitioner submitted that the appeal preferred by the respondent no.1 under section 22 of the act is not maintainable as the appeal to the industrial court lies from the order of the registrar cancelling the recognition. it is further submitted that the order .....
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