Court : Madhya Pradesh
Reported in : AIR2002MP98; 2002(2)MPHT10
..... been adumbrated, the madhya pradesh state reorganisation act, 2000 (act no. ..... rajendra tiwari, learned senior counsel appearing for the state bar council of madhya pradesh as well as for bar council of india has given immense emphasis on the provisions of the reorganisation act and combated the contentions raised by the learned senior counsel for the petitioner in the following manner:--(i) section 24 of the reorganisation act is an enabling provision enabling an advocate to confer his option but by such conferment state bar council of chhattisgarh is not ..... section 2(j) of the reorganisation act provides as under:--'successor state, in relation to the existing state of madhya pradesh means the state of madhya pradesh ..... (vii) the use of non-obstante clause has to be given due effect keeping in view the language employed under section 74 as well as under section 85 of the reorganisation act and there is no escape from the proposition that the bar council would continue for a period of two years and along with it, it shall carry longevity of its members and the ..... india shall on and from the date immediately following the day of such expiry, constitute a special committee consisting of-- (i) the ex-officio member of the stale bar council referred to in clause (a) of sub-section (2) of section 3 to he the chairman : provided that where there are more than one ex-officio members, the senior most amongst them shall be the chairman; and (ii) two members to be nominated by the bar council ..... tax .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(8)SC629; 2006(9)SCALE194; (2006)10SCC736
..... interpretation and application of section 58 of the madhya pradesh reorganisation act, 2000 (for short 'the 2000 act') arises for consideration in these writ petitions.parliament enacted electricity (supply) act, 1948 (for short 'the 1948 act'), in terms whereof the madhya pradesh state electricity board (for short 'mpseb') was established on 1.4.1957. ..... it was, however, suggested:.however, while issuing orders under section 58(4)(a) of the mp reorganisation act, 2000, prior to dissolution of the mpeb, the government of india should simultaneously make provision for the division of:a. ..... the government of india for orders under section 58(4) of the mpra, 2000, it has become imperative to consider relevant principles for apportionment of assets, rights & liabilities and manpower of the mpeb analogous to the principles enunciated in the madhya pradesh reorganization act, 2000 for apportionment of assets and liabilities of the state government (chapter vi) and for undertakings (section 43), assets and liabilities should be shared in the same ratio-more so because the ability to discharge liabilities is dependant on the productive potential of the ..... illegality, if any, committed by cseb in taking over of the assets of the madhya pradesh electricity board without there being any formal order of the central government in terms of section 58(2) of the 2000 act by itself may not be enough to arrive at the conclusion that the cut-off date fixed would be vitiated in law. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(1)MPHT17(CG)
..... reorganisation act, 2000 casts a duty on central government enshrined under the said act ..... state:provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the state of madhya pradesh or to the state of chhattisgarh under section 68 shall not be varied to his disadvantage except with the previous approval of the central government. ..... with the affairs of the existing state of madhya pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the state of madhya pradesh unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of chhattisgarh :provided that no direction shall be issued under this section after the expiry of one year from the ..... the existing state of madhya pradesh in any area which on that day falls within any of the successor states shall continue to hold the same post or office in that successor state, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or any other appropriate authority in, that successor state :provided that nothing in this section shall be deemed ..... -the central government may, give such directions to the state government of madhya pradesh and the state government of chhattisgarh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002(1)MPHT4(CG)
..... is relevant to mention the provisions of section 59 of the madhya pradesh reorganisation act, 2000 which relates to m.p. ..... reorganisation act, 2000 and the fact that each individual unit obtained loan on its own and each unit has distinct features ..... (6) nothing in the preceding provisions of this section shall be construed as preventing the government of the state of madhya pradesh and chhattisgarh from constituting, at any time on or after the appointed day, a state financial corporation for that slate under the slate financial corporations act, 1951.in view of the aforesaid discussion, it appears to ..... -- (1) the madhya pradesh state financial corporation established under the state financial corporations act, 1951 (63 of 1951) shall, on and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may from time to time be issued by the central government after consultation with the government of the ..... states;(2) any directions issued by the central government under subsection (1) in respect of the corporation may include a direction , that the said act, in its application to the corporation, shall have effect subject to such exceptions; and (3) notwithstanding anything contained in sub-section (1) or sub-section (2), the board of directors of the corporation may, with the previous approval of the central government and shall, if so required by the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1485; [1966]3SCR427
..... under the states reorganisation act, 1956 a new state of madhya pradesh was formed as from november 1, 1956 consisting of the part b state of madhya bharat, parts of the former state of madhya pradesh, the territories of the states of bhopal and vindhya pradesh and sironj sub-division of kotah in the former state of rajasthan ..... 193 of the madhya pradesh land revenue code by an order of the sub-divisional officer on the grounds specified in that section, and personal requirement of the land-lord is not one of such grounds ..... it is clear from the terms of section 3 & 4 of the act that the legislature did not seek to grant protection only to persons between whom and the claimants for protection there was a subsisting contractual relation ..... 4 provision was made for ejectment of ryotwari sub-lessees and provisions similar to section 5 & 6 of act 32 of 1954 were made in this act also. ..... 185(3) of the code and other ryotwari sub-lessees cannot qualify for those rights because of the determination of their interest as sub-lessees by virtue of section 75 & 76 of act 66 of 1950 s. ..... 185(1) only if the context or the subject-matter of the section does not suggest a different meaning. ..... section 54 of act 66 of 1950 defined 'pakka tenant', 'ordinary tenant', 'sub-tenant' and prescribed the duties of a tenant by s. 55. by s ..... section 262(2) is a transitory provision which enables a civil court to hear and dispose of a suit notwithstanding that under the code such a proceeding would be triable by a revenue .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj234a
..... prior to the coming in to force of the states reorganisation act, 1956,the central government, with a view to reorganise properly the states which were contemplated to be brought into existence, convened a conference at new delhi of the representatives of the central government and the states in the southern and western regions viz, the then existing states of andhra, bombay, madhya pradesh, madras, hyderabad, mysore saurashtra, coorg and kutch. ..... of the principal successor state to that existing state, unless he is required by general or special order of the central government to serve provisionally in connection with the affairs of any other successor state'.under the provisions contained in sub-section (2) of section 115, all persons who are serving in connection with the affairs of the previously existing state of bombay came to be provisionally allotted to serve in connection with the affairs of the newly constituted state of bombay except to the ..... in that case by orders passed by the state of mysore on 3rd may 1960, the posts of a sales tax officer class ii of the former state of hyderabad and of a sales tax officer grade iii of the former state of bombay were equated with effect from november 1, 1956 with that of an assistant commercial tax officer in the new state of mysore. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1179; [1964]52ITR443(SC); 1964MhLJ697(SC); [1964]6SCR846
..... 14 of the constitution is advanced on the sole ground that in the reorganized state of madhya pradesh formed under states reorganisation act, 1956, agricultural income-tax is levied within the territory of the former state of bhopal and not in the rest of the territories of madhya pradesh. ..... the company, therefore, baldly submitted that after the incorporation of the bhopal region in the reorganised state, the state of madhya pradesh ought to have suitably modified the act so as to make it applicable to all residents alike and by allowing the act to operate without any modification, the state had violated the fundamental right of the company under art. ..... section 119 of the states reorganisation act was intended to serve this temporary purpose, viz. ..... section 119 of the states reorganisation act, 1956, enacted that by the constitution of the reorganized state, no change in the laws in force which immediately before november 1, 1956, extended or applied to any constituent regions, was effected, and territorial references in the laws to an existing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT1
..... the petitioners have also challenged the constitutional validity of section 74 of the madhya pradesh reorganisation act, 2000 (for short 'the act of 2000'). ..... consequent to the decision to carve out the state of chhattisgarh from the existing state of madhya pradesh, the madhya pradesh reorganisation act of 2000 has been enacted by the parliament. ..... he has further contended that law is that service matter shall be heard by the tribunal only and under sections 68 and 69 of the act of 2000, law shall continue to prevail after the reorganisation of the state of madhya pradesh, hence the tribunal shall continue to function. ..... true it is that underlying object in inserting article 323a of the constitution was to reduce the mounting arrears in the high courts and to secure the speedy disposal of service matters but this is an enabling provision which conferred discretion to the parliament to make law providing of adjudication of dispute and complaints with respect to recruitment and ..... it has further been contended that on the same interpretation, the income tax tribunal, railway claims tribunal and other tribunals constituted by the government of india could also be abolished by the state government. ..... the central administrative tribunal, the income tax tribunal or the railway claims tribunal having jurisdiction over the entire territory of india could not be abolished by state government as per provisions of above section 74(1) itself. 33. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1980MP43a
..... the powers granted by the proviso in this notification;'in exercise of the powers conferred by sub-section (2) of section 51 of the states reorganisation act, 1956 (xxxvii of 1956), i, zakir hussain, president of india, after consultation with the governor of madhya pradesh and the chief justice of the high court of madhya pradesh, hereby establish a permanent bench of the madhya pradesh high court at gwalior and further direct that such judges of the high court of madhya pradesh, being not less than two in number, as the chief justice may ..... ' xxx xx 'in exercise of the powers conferred by sub-section (2) of section 51 of thestates reorganisation act, 1956 (37 of 1956), i zakir hussain, president of india, after consultation with the governor of madhya pradesh and the chief justice of the high court of madhya pradesh, hereby establish a permanent bench of the madhya pradesh high court at indore and further direct that such judges of the high court of madhya pradesh, being not less than four in number, as the chief justice may from time to time nominate, shall sit at indore in order to exercise ..... '. it was submitted that it is only when the cases are instituted, that the chief justice, may it be for clearing the arrears or for uniformity of decision in particular class of cases of general importance or for the ready availability of the advocate-general, at the principal seat, who is to be noticed in particular class of cases, or such other reasons will be in a position to apply .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]137STC269(MP)
..... reference has been made to sections 78 and 79 of the reorganisation act, 2000 to contend that the notification issued by the erstwhile state of madhya pradesh would be available to the dealers within the old state of madhya pradesh though the manufacturing places of dealers fall in the area of state of chhattisgarh. ..... it was put forth in the writ petition that the petitioner-company had set up an industry on the assurance of undivided state of madhya pradesh and accordingly, the petitioners invested huge sum but after the reorganisation act has come into being the said benefit is denied to the petitioners and tax is demanded. ..... the learned single judge scanned the provisions of the reorganisation act and came to hold that the petitioners are not entitled for deferment of tax as there has been statutory intervention. ..... the petitioners, as pleaded, submitted representations to the commissioner of commercial tax in the state of madhya pradesh claiming that the sale of cement by them in the state of madhya pradesh be treated as intra-state sale. ..... it is put forth by the said respondent that the benefit of deferment of payment of sales tax is existing in the state of chhattisgarh only and the sales effected in the state of madhya pradesh have become inter-state sales and therefore, the tax is leviable if the sale is effected in other states including the state of m.p. ..... general sales tax act, 1958 and section 8(5) of the central sales tax act, 1956, on fulfilment of certain conditions. .....
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