Judgment Search Results Home > Cases Phrase: madhya pradesh reorganisation act 2000 section 40 arrears of taxes Court: mumbai Page 1 of about 56 results (0.069 seconds)

Shankar Jayaram and anr. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : AIR1970Bom117; (1970)72BOMLR258; ILR1971Bom150

..... as said earlier the scheme of part vii of the states reorganisation act shows that the assets as on 1-11-1956 were to be divided between the two new states which are successors of the old state of madhya pradesh on the principles laid down in the several provisions of part vii of the act. ..... i would like to add that, as a matter of plain language as well as, as a matter of legislative intendment, the words 'the liability of the existing states' in section 38 of the states reorganisation act, 1956, must be read as, 'the existing liability of the existing states'. ..... similarly, the successor states were to be fastened with the liabilities of the existing state of madhya pradesh as on 1st of november 1956 and the liability with respect to pensions under section 86 was the liability which was on the existing state on 1st of november 1956. ..... the existing state was the old madhya pradesh state, as it stood before 1st november 1956 and the new state of madhya pradesh cannot squarely fall within the definition of 'successor state' as given in section 2(o) of the act. ..... according to the definitions which we have referred to already, the state of bombay after 1st november 1956 would be the successor state-to the existing state of madhya pradesh on the definition of 'successor state' given in-section 2(o), because it is the state of bombay to which part of the territories of the-existing state of madhya pradesh has been transferred by the provisions of part ii. ..... section 78 deals with arrears of taxes. .....

Surjuprasad Gumasta and anr. Vs. State of Madhya Pradesh and ors.

Court : Mumbai

Reported in : AIR1959Bom122; (1958)60BOMLR1468; ILR1959Bom641

..... the court having accepted the petition and having issued a notice the jurisdiction which the nagpur high court initially had against the state of madhya pradesh continued by reason of the legal fiction introduced by section 59(5), and the principle that is availed of is that if a party is within jurisdiction at the inception of a proceeding he cannot take away the jurisdiction of the court by withdrawing himself from the jurisdiction and the court will pass an ..... was rather a curious case where a matter was transferred under a corresponding section of the states reorganisation act, section 64, by the chief justice of bombay to the rajasthan court. ..... very interesting question arises with regard to the proper construction of section 59 of the states reorganisation act, and the question arises under the following circumstances. ..... of a high court to any state specified in the first schedule other than the state in which the high court had its principle seat, and it is not disputed that at the date when the states reorganisation act was passed, parliament had the power to extend the jurisdiction of the bombay high court, and what is urged by mr. ..... submission seems to be startling because apart from the provisions of the states reorganisation act the position under the constitution is perfectly clear. ..... the limited fiction is to treat the orders passed by the nagpur high court before reorganisation in matters which are transferred to the high court of bombay as the orders of the high court of .....

The Central Provinces Transport Services Vs. the State Transport Autho ...

Court : Mumbai

Reported in : (1960)62BOMLR863

..... before the states reorganisation act came into force, the cpts as well as the provincial transport services (to which we shall hereinafter refer as pts) were owned by the former govern meat of madhya pradesh and operated in madhya pradesh state in their respective areas ..... after the reorganisation of the states the cpts were allotted to the state of madhya pradesh and the pts were allotted to the government of the state of bombay ..... anant prasad : air1959sc851 and particularly on the following observations:.the section (section 58(2)) therefore requires an application for the renewal of a permit to be dealt with in the same way as a new application for a permit ..... again, no question of giving an application for renewal preference over new applications for permits which the section requires to be given, can arise unless they are considered together. ..... this endorsement does not fulfil the requirements of section 57(3) and, in our opinion, no objection was preferred before the regional transport ..... from the language used in clauses (a), (e) and (f) of this section it would be clear that the legislature has deliberately drawn distinction between grant of a permit and renewal of a permit ..... section 64 of the motor vehicles act reads thus ..... what is dealt with in section 58(2) is clearly the question of procedure and nothing ..... mr.abhyankar, however, referred to section 58(2) of the which says that applications for renewal will be dealt with as if they were applications for grant of ..... of this section. .....

Surjuprasad Dwarkaprasad Gumashta Vs. State of Madhya Pradesh

Court : Mumbai

Reported in : (1959)ILLJ572Bom

..... at our hands :- 'any order made before the appointed day by any court referred to in sub-section (2) or sub-section (3) in any proceedings transferred to the high court of bombay by virtue of sub-section (2) or sub-section (3) shall for all purposes have effect, not only as an order of that court, but also as an order of the high court of bombay; and any order made by the high court of madhya pradesh in any proceedings with respect to which that court retains jurisdiction by virtue of sub ..... of a high court to any state specified in the first schedule other than the state in which the high court had its principal seat, and it is not disputed that at the date when the states reorganization act was passed, parliament had the power to extend the jurisdiction of the bombay high court, and what is urged by mr. ..... that was rather a curious case where a matter was transferred under a corresponding section of the states reorganization act, s. ..... then came the states reorganization act and this petition was transferred to the bombay high court under sub-section (2) of s. 59. ..... the submission seems to be startling because apart from the provisions of the states reorganization act, the position under the constitution is perfectly clear. ..... order was made by the assistant judge of mehsana who was a judicial officer in bombay, holding that an appeal against a decision with regard to the payment of wages act was not competent. ..... 59 of the states reorganization act, and the question arises under the following .....

W.W. Joshi and ors. Vs. State of Bombay and ors.

Court : Mumbai

Reported in : AIR1959Bom363; (1959)61BOMLR829; ILR1959Bom1267

..... if this cause of action has in its entirely arisen within the former territories of the state of madhya pradesh which now form of the state of bombay, then the liability referred to in section 88 of the act of the former state of madhya pradesh would fall on the present state of bombay, under clause (b) thereof. 19. ..... the consideration of this question turns of the interpretation of sections 87, 88 and 116 of the states reorganisation act, 1956 act 37 of 1956 hereinafter called the act.2. ..... it is matter of common knowledge that parliament in its wisdom considered it necessary to reorganise the existing states in india and to provide for it and other matters connected therewith the states reorganisation act was passed by parliament. ..... the state, by its then ruler, instituted a suit in june 1946, against the province of bengal & the income-tax officer, in the court of the subordinate judge of dacca for a declaration that the said act in so far as it purported to impose a liability to pay agricultural income-tax on the plaintiff was ultra vires and void, and for a perpetual injunction to restrain the defendants from taking any steps to assess the plaintiff. ..... they in brief are:'the income-tax officer, dacca, acting under the bengal agricultural income-tax act, 1944, sent by registered post a notice to the manager of an estate belonging to the tripura state but situated in bengal calling upon the latter to furnish a return of the agricultural income derived from the estate during the .....

Textile Mills, Bombay State and ors. Vs. their Employees,

Court : Mumbai

Reported in : (1959)ILLJ308Bom

..... where, by any madhya pradesh act, a power to issue orders, rules, bylaws or notifications is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any orders, ..... (2) without prejudice to the provision contained in sub-section (1), the state government may, where no settlement is arrived at in a conciliation proceeding held by a board of conciliation, within three months of the completion thereof, refer the industrial dispute for arbitration to the state industrial court.' 9. ..... section 52(2) lays down that - 'in any proceeding under this act, a representative appointed by an association of employers shall be entitled to represent any employer who is a member of the association.' 18. ..... section 22(1) lays down that the 'state government may constitute a state industrial court for determining industrial disputes and for dealing with such other industrial matters under the provisions of this act as may be prescribed.' 10. ..... section 22(2) of the act lays down that the state industrial court shall consist of such odd number of persons as the government may determine and the government shall appoint one of them to be the president, but the government is empowered ..... section 22(5) of the central provinces and berar industrial disputes settlement act, 1947, lays down that the state industrial court shall hold its sittings at such place or such places as the president may direct. .....

Laxmichand S/O Deorao Khandate Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2008(5)MhLj320

..... state of maharashtra reported at : (2004)9scc481 , where the court had specifically considered the question of an applicant, original resident of chhindwara district of madhya pradesh, seeking verification of his caste claim in maharashtra state the committee could not have refused to entertain the petitioner's caste claim. ..... the question is as to whether the appellant being a scheduled tribe known as halba/halbi which stands recognized both in the state of madhya pradesh as well as in the state of maharashtra having their origin in the chhindwara region, a part of which, on states' reorganization, has come to state of maharashtra, was entitled to the benefit of reservation? ..... madhya pradesh and the state of maharashtra.7. ..... they are required protective preferences, facilities and benefits inter alia in the form of reservation, so as to enable them to compete on equal terms with the more advantageous and developed sections of the community. ..... words, the question that is required to be posed and answered would be as to whether the members of the scheduled tribe belonging to one region would continue to get the same benefits despite bifurcation thereof in terms of states' reorganization act. .....

Santosh S/O Singwa Padoti Vs. Caste Scrutiny Committee and anr.

Court : Mumbai

Reported in : 2006(2)ALLMR60; 2006(2)MhLj825

..... the question is as to whether the appellant being a scheduled tribe known as halba/halbi which stands recognized both in the state of madhya pradesh as well as in the state of maharashtra having their origin in the chhindwara region, a part of which, on state's reorganization, has come to the state of maharashtra, was entitled to the benefit of ..... the high court, by its judgment dated 23-3-2001, held that as the petitioner came from the state of madhya pradesh and though he belonged to 'halba' tribe, which was recognized as such in the state of maharashtra, he was not entitled to the benefit of ..... in the state of maharashtra as well as in the state of madhya pradesh, the petitioner is entitled to the status of scheduled tribe in the state of ..... far as the case before hand is concerned, it is not disputed that the petitioner's father, so also the petitioner were originally belonging to the state of madhya pradesh being resident of village charbhata. tq. ..... , rajnandgaon (madhya pradesh), shifted and settled at totladoh since he got employment in the ..... the apex court held that the employer acting upon the directions of the state government had reverted the petitioner without referring the matter to the scrutiny committee, which was not the correct way to deal with the said ..... are required protective preferences, facilities and benefits inter alia in the form of reservation, so as to enable them to compete on equal terms with the more advantageous and developed sections of the community. .....

Jaggannath Dwarkanath Raje Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1972)74BOMLR320; 1972MhLJ618

..... decision was communicated by the aforesaid confidential memo dated october 15, 1970; but the order was later withdrawn, as stated in the petition, because the prior approval of the government of india was not obtained under section 81(6) of the bombay reorganisation act, 1960, though the prior approval of the government of india was obtained under section 115(7) of the states reorganisation act, 1956. ..... it was in these circumstances that the amendment made in 1970 was repealed and the rule was again amended, after obtaining the approval of the government of india, under section 81(6) of the bombay reorganisation act, 1960.16. ..... (3) the amendment rules were not consistent with the terms and conditions approved by the central government under section 115(7) of the states reorganisation act, 1956. ..... 2805 of 1971 contending, inter alia, that the rule under which he was compulsorily proposed to be retired was illegal inasmuch as the prior approval of the central government as required by the provisions of the states reorganisation act was not taken by the government of maharashtra before enacting the said rule or before enforcing it. ..... the state of uttar pradesh, and relying on (1) the stale of bombay v. ..... the state of uttar pradesh and the union of india : (1954)iillj139sc , and contended that the compulsory retirement did not amount to dismissal or removal within the meaning of article 311 of the constitution and did not involve any stigma or .....

Prabodh K. Mehta Vs. Charuben K. Mehta

Court : Mumbai

..... state of madhya pradesh air 1955 nagpur 236 is binding on this court in view of the provisions of the states reorganisation act 1956 and if held binding, (b) whether there is any inconsistency in the judgment of nagpur high court in case of govindkesheo powar (supra) and the judgment of this court in case of avinash kumar bhasin vs. ..... on conjoint reading of section 59 (2), section 59 (3) and 59(5) in my view it would indicate that the territory of nagpur having become territory of state of bombay and the then nagpur high court not having been abolished and the bombay high court already in existence on the date of enactment of the said states reorganisation act, 1956, the law laid down by the nagpur high court prior to the enactment of the states reorganisation act, 1956 would be binding as a precedent on the bombay high court on the ..... appointed day by any court referred to in sub-section (2) or sub-section (3) in any proceedings transferred to the high court of bombay by virtue of sub-section (2) or sub-section (3) shall for all purposes have effect, not only as an order of that court, but also as an order of the high court of bombay; and any order made by the high court of madhya pradesh in any proceedings with respect to which that court retains jurisdiction by virtue of sub-section to (4) shall for all purposes have effect, not .....