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 : 1994(0)MPLJ807
..... against the guilty, the railway employees withdrew their agitation. according to another report on the previous day, the dead body of an old man was recovered from karnataka express.'8. the hindi version is as under :-^^eftlvsv ds jos;s ls {kqc/k jsydfez;ksa us jsysa jksdh**^^uxj laoknnkrk**xokfy;j] 16 vdvwcja ..... alertness issued a warrant against a railway babu. against this improper action (avanchint) of the railway magistrate the railway employees got enraged and stopped all railway traffic. they resorted to dharna at the railway track and shouted slogans. the matter subsided when the concerned magistrate expressed regret for his uncalled for smartness. consequences ..... of the public abstain from imputing improper motives of those taking part in the administration of justice, and are genuinely exercising a right of criticism, and not acting in malice or attempting to impair the administration of justice, they are immune. justice is not a cloistered virtue : she must be allowed to suffer the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994CriLJ2933
..... against the guilty, the railway employees withdrew their agitation. according to another report on the previous day, the dead body of an old man was recovered from karnataka express.8 the hindi version is as under :- (matter in vernacular, omitted.... ed.)9. the editorial which was published in the issue of 20th october, ..... alertness issued a warrant against a railway babu. against um improper action (avanachint) of the railway magistrate the railway employees got enraged and stopped all railway traffic. they resorted to dharna at the railway track and shouted slogans. the matter subsided when the concerned magistrate expressed regret for this uncalled for smartness. ..... of the public abstain from imputing improper motives of those taking part in the administration of justice, and are genuinely exercising a right of criticism, and not acting in malice or attempting to impair the administration of justice, they are immune. justice is not a cloistered virtue: she must be allowed to suffer the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ212
..... exclusively for passing or repassing and for no other use. proper regulation is however a necessary condition as otherwise the very object of laying out roads to facilitate traffic may be defeated.'mr. justice kuldip singh agreeing with mr. justice l. m. sharma took note of the street trading licences as found in england and directed ..... by the idea that, as james lj, points out, it was necessary to give, in a certain sense, a right of property in order to give efficient control over the street. it was thought convenient, i presume that there should be something more than a mere easement conferred upon the local authority, so that the complete ..... which has been heretofore levelled, paved, metalled, asphalted, channelled, sewered or repaired out of municipal or other public funds: or(c) which under the provisions of this act becomes a public street; and includes -(i) the roadway over any public bridge or causeway;(ii) the footway attached to any such street;(iii) public bridge or causeway, .....
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 : 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 : 1997ACJ1258
..... title in case of a vehicle which is not registered under 'the act' after transfer. here we may remind ourselves that 'the act' is a special law for mechanically propelled vehicles. 'the act' is not an act which controls the transfer of vehicle. the primary aim of 'the act' is to control traffic of vehicles of various kinds so that a safe and systematic transport ..... in automobile transport (rajasthan) pvt. ltd. v. dewalal 1977 acj 150 (rajasthan), had taken the same view.similar view was taken in paragounda v. bhimappa 1993 acj 568 (karnataka) and rikhi v. sukhrania 1995 acj 288 (p&h;) by a division bench of punjab & haryana high court.13. it is true that a contrary view has been ..... what the sub-section emphasises is the use of a motor vehicle as a transport vehicle and the necessity of a permit which is required for purposes of exercising control over vehicles used as transport vehicles.11. by parity of reasoning it can be said that the words 'owner of a vehicle' do not imply that in order .....
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 : AIR1997MP43
..... recently. he submitted that these circulars are not applicable to the autonomous body.6. it is an admitted position that these institutes are under the control of the central government and they cannot overlook the instructions issued by the central government.7. shri roman submitted that the students have no right to ..... to students in the institutes of central government imparting training. he contend- ed that lncpe is also an institute which is imparting training and under the control of central govt. the contention of the learned counsel for the respondent is that the institute is an autonomous body and affiliated to jeewaji university, gwalior ..... to study regional language of the state. english medium students parents association challenged the act of karnataka gov-ernment. the case was finely adjudicated by the supreme court in the case of english medium students parents association v. state of karnataka, reported in air 1994 sc 1702. the supreme court considering the import of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP93; [1999]95CompCas879(MP)
..... agreement between the applicant, the non-applicant no. 1 apd the non-applicant no. 8 is called the 'contract of guarantee' as per section 126 of the contract act. however, the contract of guarantee by itself is deemed to be an independent contract which substantially, depends upon the default of the principal debtor. under section 128 of ..... judicata would not operate in this case because the statutory right conferred upon the applicant operated on a different plane. the right under section 171 of the contract act, inheres in the applicant. the applicant was merely seeking permission of the court for claiming rs. 10 lakhs for the reason the suit was pending. the applicant ..... debt from the surety alone. the supreme court emphasized the principle of section 128 of contract act and referred to the case of bank of bihar ltd. (air 1969 sc 297) (supra). in this case, the supreme court approved the decision, of karnataka high court in the case of hukumchand insurance co. ltd. v. bank of baroda, air .....
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