Court : Madhya Pradesh
Reported in : [1964]15STC602(MP)
..... in view of the decisions of the supreme court in burmah-shell oil storage and distributing co. v. commercial tax officer a.i.r. 1961 s.c. 315 , india copper corporation ltd. v. state of bihar [1961] 12 s.t.c. 56 and a. v. thomas & co., ltd. v. deputy commissioner of agricultural income-tax and sales tax [1963] 14 s ..... required to keep the timber logs ready and available for inspection at mandla fort and other stations, by a.i.g.s., g.s.i.d., kanpur, or an officer acting for him. the inspecting authority, after inspecting the timber, issued an inspection certificate and also put a hammer-mark on the timber approved. the approved timber also bore the private ..... on rail at mandla, the delivery of timber to the railway for despatch after approval on inspection was only a constructive delivery under section 39 of the sale of goods act, 1930; and that timber was actually delivered at places outside the state as a direct result of the contract of sale. it was also submitted that the sales tax .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP248; 1964MPLJ713
..... of the private house-owners affected. that the minister's 'circulars' were not mere executive directions, but delegated legislation with statutory force, conferring powers on the corporation which they would not otherwise have possessed and imposing on them duties for the 'reasonable protection of the individual house-owner, does not seem to have entered the ..... of the constitution does not contain any provision with regard to the previous publication of rules made thereunder. that being so, section 23 of the general clauses act, 1897, cannot be invoked for contending that the publication of the memorandum in accordance with section 23 was necessary. if section 23 does not apply, then there ..... retiring pensions of the officers and the services specified therein. on the coming into force of the government of india act, 1919, these rules were validated and confirmed by section 96-b (4) of that act. on. 10th may 1920 the government announced by a resolution that with a view to the exact scope of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP77
..... v. state of orissa, air 1953 sc 375, g. nageswara rao v. a. p. s. r. t. corporation, air 1959 sc 308 and board of trustees ayurvedic and unani tibia college, delhi v. state of delhi, air 1962 sc 458. in the act there is no attempt to encroach or trespass on the powers of parliament, or any patent, manifest, direct ..... case of a hereditary cash grant, a sum equivalent to six times the amount payable annually to the grantee under the cash grant; (b) in the case of a life grant, a sum equivalent to four times the amount payable annually to the grantee under the cash grant: provided that where the amount of cash grant received by a grantee ..... marriage or till she attains 21 years of age, whichever isearlier.(iii) aperson above the age of 60 years.duringhis life-time.(iv) aperson subject to physical disability or mental infirmity owing to which heis incapable of earning his livelihood.duringhis life-time. (2) upon the discontinuance of a cash grant under sub-section (1), it shall not be obligatory .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP196
..... hereby direct that the objections received in respect of the scheme specified in the schedule below, published by the madhya pradesh state road transport corporation under section 68c of the motor vehicles act, 1939 (iv of 1939), in the madhya pradesh gazette dated the 17th june, 1963, and such other future schemes as may be ..... , hereby direct that the objections received in respect of the schemes specified in the schedule below, published by the madhya pradesh state road transport corporation under section 68c of the motor vehicles act, 1939 (iv of 1939), in the madhya pradesh gazette dated the 1st march, 1963, shall be disposed of by shri r.s. ..... is directed against:(i) the proposed scheme no. 2, as prepared under section 68c of the motor vehicles act, 1939 (hereinafter called the act) by the madhya pradesh state, road transport corporation (to be called hereafter as the transport corporation) and published in the state gazette dated 1 march 1963;(ii) the order dated 25 june 1963 whereby .....
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 : AIR1968MP238; 1968CriLJ1561; 1968MPLJ489
..... out the meaning of the word 'insurer' in various sections of the act, the meaning to be ordinarily given to it is that given in the definition clause. but this is not inflexible and there may be sections in the ..... authoritatively its intent and this internal legislative construction must be accepted unless the subject or context makes it necessary to depart from that meaning. so. in vanguard fire and general insurance co. ltd. v. fraser and ross, (1960) 3 scr 857 at p. 863 = (air 1960 sc 971 at p. 975), the supreme court stated:'therefore in finding ..... house, shri maganlal and shri naginchandra in the court of the additional district magistrate indore under sections 18 (i) and (ii) read with section 27 of the drugs act 1950.24. the accused denied the guilt. they threw the responsibility for the supply on maganlal in his individual capacity. it was also pleaded that partnership of relief drug .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP286
..... management or control of the company, whether by an alteration in its board of directors or of its managing agent .....or in the constitution or control of ...body corporate acting as its managing agent...... and that by reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to the ..... 10(1) with respect to any matter relating to a company, other than an offence against the act. in regard to any offence against the act, the court means 'the court' as defined in section 2(11)(b). the decisions in british india corporation ltd. v.robert menzies, air 1938 all 568: ilr 58 all 988, harish chandra v. kavindra ..... narain sinha, air 1936 all 830, in re: aryya insurance co. ltd. air 1937 cal 81, nawabshah electric supply co. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP215; [1966]18STC251(MP)
..... * * *' it has been held by the supreme court in cement marketing co. v. state of mysore 1963-14 s. t. c. 175 : (air 1963 sc 980) and state trading corporation v. state of mysore 1963-14 s. t. c. 188 : (air 19g3 sc 548) that a sale occasions the movement of goods from one slate to another within section 3 ..... consumption in the outside state was not leviable by virtue of the explanation to article 286(1), as it stood before it was deleted by the constitution (sixth amendment) act, 1956, which came into force on 11th september 1956. during the period from 7th september 1955 to 10th september i956, the transactions were not taxable both because they ..... 2) of the constitution, or by both these prohibitions, and sales lax was, therefore not exigible in respect of those despatches of coal under the relevant sales tax act of the state of madhya pradesh. the taxing authorities treated all despatches of coal by the assessees to the various railway administrations and to other persons in compliance with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP110; 1967CriLJ545
..... abstract doctrine of res ipsa loquitur may not be attracted. see gwalior and northern india transport co. ltd. v. dinkar joshi, air 1956 madh pra 214; nagamani v. corporation of madras, air 1956 mad 59 and kotah transport ltd. v. jhalawar transport service ltd., air i960 raj 224. see also state of punjab v. modern cultivators, air ..... the facts negativing his liability. one of the ways in which he can do this is proving inevitable accident. it is an inevitable accident where a person in doing an act. which he may lawfully do, causes damage without either negligence or intention on his part. (see charlesworth on negligence, third edition, p. 547). in the marpesia, ( ..... or his servants.' but the tribunal fell in error in overlooking the fart that the privy council was dealing with a particular statute, namely, the manitoba motor vehicles act, section 62 of which erected a special rule of evidence in placing onus on the driver to prove want, of negligence. their lordships made it clear that but .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1966]36CompCas753(MP)
..... of the rules is as follows:' the profits and gains of any business of insurance other than life insurance shall be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938, to be furnished to the controller of insurance after adjusting such balance so as to exclude from it any expenditure other than ..... computing the profits and gains of the general insurance business of the assessee under the income-tax act, 1922 ?'2. the material facts are that the previous years of the aforesaid assessment years are the calendar years 1955, 1956 and 1957. in those years, the assessee-company carried on the business of insurance other than life insurance. the assessee did not always actually receive the .....
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