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Madhya Pradesh Vidyut Mandal Abhiyanta Sangh Vs. the State of Madhya P ...

Court : Madhya Pradesh

..... prior to coming into force of the 2003 act, the state legislative assembly already enacted an act known as madhya pradesh vidyut sudhar adhiniyam, 2000 (hereinafter referred to as the 2000 act for brevity) wherein the reorganisation of the board was prescribed and in the said act also the provisions were made relating to the service conditions of the employees of the erstwhile ..... apart from the provisions made under the 2000 act for establishment of different companies for the purposes of 10 looking after the work and business of the electricity industry as provided in chapter-vi under section 23 of the 2000 act, specific provisions were made under section 24 of the 2000 act, relating to services of the employees of erstwhile ..... it is contended that under section 131 of the 2003 act, it is categorically provided that with effect from the date on which a transfer scheme is prepared by the state government to give effect to the objects and purpose of the act, and is published, or such further dates as may be stipulated by the state government, any property, interest in properties, rights and liabilities which immediately before the effective date belonged to the board, shall vest in the ..... attention to the provisions of the scheme made under the 2003 rules, it is contended by learned counsel for petitioners that rule 7 of 2003 rules, contemplates the transfer of personnel subject to the terms and conditions contained in section 133 of the central act and section 24 of the state act. .....

Gulabchand Kapurchand JaIn and ors. Vs. Rukmanidevi and ors.

Court : Madhya Pradesh

Reported in : AIR1971MP40; 1970MPLJ794

..... the permanent bench at indore reads:'in exercise of the powers conferred by sub-section (2) of section 51 of the states reorganisation act, 1956 (37 of 1956), i, zakir husain, 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 ..... about the competence of the president to issue under section 51(2) of the states reorganisation act, 1956 any notification in so far as it may be regarded as (i) taking away the power of the judges, sitting for the time being at the seat of one of the permanent benches, to hear a case arising in a revenue ..... , it is clear that the notification of the president, so far as it relates to the restriction of the high court judges to hear cases from areas other than those mentioned in the notification is beyond the scope of section 51(2) of the states reorganisation act. ..... 37 of 1956) and with the approval of the governor of madhya pradesh, the honourable the chief justice of the madhya pradesh high court is pleased to direct that temporary benches of the high court of madhya pradesh will also sit temporarily at indore and gwalior, until further orders'.actually, under the aforesaid provision, indore and gwalior were mere places of sitting of judges and division courts .....

inayatullah Khan Vs. Diwanchand Mahajan and ors.

Court : Madhya Pradesh

Reported in : AIR1959MP58

..... he argued that the fiction incorporated in section 101 of the states reorganisation act could not be carried into the provisions of the representation of the people act, and therefore it could not be said that nandlal was a contractor of the state of madhya pradesh, to whose legislature he was a candidate ..... contended that the contracts, if any, which nandlal had executed for the government were contracts with the bbopal state and that they became contracts of the madhya pradesh government only by a fiction under section 101 of the states reorganisation act, 1956. ..... being statutorily, it got engrafted upon the contract of the parties, and even though the fiction had worked itself out, for all intents and purposes, in view of the provisions of the states reorganisation act, the state of madhya pradesh became substituted for the state of bhopal as one of the contracting parties. ..... statutory novation, performance could be demanded only by the state of madhya pradesh, and nandlal had to look to the state of madhya pradesh for payment. ..... effective once they have worked their way, and having become effective the result is available for all dealings between the state of madhya pradesh and nandlal. ..... , the statutory fiction which was created produced a statutory novation, and that novation engrafted itself upon the contract of the parties and made it a contract between nandlal and the state of madhya pradesh. 20. ..... statu-torily novated to substitute for the bhopal state the state of madhya pradesh. .....

Munnilal Kailash Chandra and ors. Vs. Akabai D/O. Malharrao and anr.

Court : Madhya Pradesh

Reported in : AIR1960MP130

..... but since they have not yet been adapted under section 120 of the states reorganisation act for the other territories of the 'corresponding new state (that is, the present state of madhya pradesh) they arc not operative and cannot regulate the ..... learned counsel) for the decree-holder relies on section 54 of the act and argues that the rules made by the high court of the former madhya pradesh under the code of civil procedure apply to the whole of madhya pradesh as from the appointed day (that is, ..... by the high court at nagpur in exercise of the powers conferred under section 122 of the code of civil procedure (hereinafter called 'the code') and which were in force in the former state of madhya pradesh as it existed before the reorganization of states on 1-11-1956, are enforceable in that territory of the new madhya pradesh which upto 31-10-1950 was called the part b state of madhya bharat.2. ..... section 9 (of part ii) provides for the formation of a new state of madhya pradesh comprising of the territories enumerated therein including the territories of the 'corresponding state' of madhya pradesh (except certain districts) and the territories of the 'existing state' of madhya ..... the scheme of the states reorganisation act 1956 (hereinafter called 'the act') has to be examined.5 ..... (d) 'corresponding new state' means in relation to the existing state of bombay, madhya pradesh, mysore, punjab or rajasthan, the new state with the same name, and in relation to the existing slate of ..... tax .....

Pankaj Kumar Vs. The State Of Jharkhand

Court : Supreme Court of India

..... the state of bihar but as alleged, the appellant was born on 27th november, 1974 in hazaribagh where his father was residing which earlier was part of the unified state of bihar but after the bihar reorganisation act, 2000(hereinafter being referred to as act, 2000 ) came into force from the appointed day, i.e. ..... extract of the government order issued by the department of personnel & training, government of india for protecting the service conditions of the serving employees under act, 2000 is reproduced hereunder:- department of personnel &tranining state reorganization introduction state reorganization acts were enacted in november 2000 for the purpose of reorganization of the then existing states of uttar pradesh, madhya pradesh and bihar. ..... 27th november, 1974 and from the year 1989, he is the resident of district ranchi where he obtained his education and later appointed on 21st december, 1999 as assistant teacher in a school in ranchi and in terms of section 73 read with section 74 of the act, 2000 for all practical purposes, he became the ordinary resident of state of jharkhand and it has not been disputed by the authorities of the state of jharkhand that the caste certificate of the appellant, after going through ..... of 2021, the order of termination of each of the appellant is hereby quashed and set aside and the appellants shall be reinstated in service with notional pay & allowances and shall not be entitled for arrears of salary upto the date of appointment/reinstatement. .....

Omkar Sinha Vs. Sahadat Khan

Court : Supreme Court of India

..... order which would appear to be a government order in the undivided state of madhya pradesh continued in terms of the reorganisation act. ..... also submit with reference to the stand taken by the state in the counter affidavit that the earlier circular dated 17.10.1977 in the undivided state of madhya pradesh continued to hold good and it was revoked finally in the manner contemplated in law only with the issuance of order dated 11.06.2012. ..... state of madhya pradesh was undivided, state of madhya pradesh, on 17.10.1977 issued the following circular: copy letter no.13/10474/1977/1/x dated 17.10.77 from the government of madhya pradesh, department of forest, bhopal to the principal forest conservator, madhya pradesh, bhopal. ..... such government orders of the undivided state of madhya pradesh would undoubtedly continue to hold the field till it was revoked in the manner known ..... the enactment of the state reorganisation act, 2000, a new state viz ..... we totally fail to see how an assistant commissioner or deputy commissioner of sales tax who are functionaries of a state can say that a concession granted by the state itself was beyond the powers of the state or how the state can say 8 ca no.3504/ ..... item no.22 court no.10 section iv-c s u p r e m e c o u r t o f i n d i a record of proceedings civil appeal no.3504/2022 (arising out of slp (c)no.13668/2015) (arising out of impugned final judgment and order dated 13-01-2015 in wa no.02/2015 passed by the high court of chhattisgarh) omkar sinha .....

The Motor Transport Controller, Maharashtra State, Bombay and ors. Vs. ...

Court : Supreme Court of India

Reported in : AIR1964SC1690; (1964)66BOMLR698; [1964(9)FLR324]; (1964)IILLJ639SC; 1965MhLJ73(SC); [1964]7SCR639

..... road transport corporations established under the road transport corporation act, 1950 were operating in the states of bombay, madhya pradesh and hyderabad in 1956 when the states reorganisation act, 1956 was enacted. ..... by this scheme those areas in which the bombay state road transport corporation had been operating but were transferred under the state reorganisation act to the states of mysore and rajasthan were excluded from the area of the operation of the bombay state road transport corporation ..... the other hand, the state of bombay gained the marathewada from the state of hyderabad and the vidharbha area from the state of madhya pradesh and certain other areas from the then existing state of saurashtra and the state of kutch. ..... section 47a which was introduced by the amending act provides for the reconstitution, reorganisation and dissolution of the corporations established under ..... that section contained a provision that on transfer or re-employment of any workman in consequence of reconstitution, reorganisation, amalgamation or dissolution by any body corporate, cooperative society or any commercial undertaking or industrial undertaking the terms and conditions of service applicable to the workman after such transfer or re-employment shall not be less favourable to the ..... december 31, 1956 an order was made by the central government under the provisions of this section approving a scheme for reorganisation submitted by the government of bombay. ..... that section is in these words :- .....

Bhaiyalal Shukla Vs. State of Madhya Pradesh

Court : Supreme Court of India

Reported in : AIR1962SC981; [1962]Supp(2)SCR257; [1962]13STC236(SC)

..... it is that after the reorganisation of the states, madhya pradesh has as many as four sales tax acts. ..... by the same notification, a new section was added to the madhya pradesh act, which read as follows : '29. ..... the petitioner contends that the impugned sections of the central provinces and berar sales tax act, as applied to vindhya pradesh, fell within these two rulings, and must also be declared ultra vires the vindhya pradesh state legislature, when the latter enacted the vindhya pradesh laws (validating) act, 1952. 12. ..... central provinces and berar sales tax act, 1947 as extended to vindhya pradesh under section 2 of the part c states laws act, 1950 (has been) and shall be deemed to be in force in vindhya pradesh from april 1, 1951. 7. ..... it is said that, if the two sections are read together they mean that the central provinces and berar sales tax act was freshly extended from april 1, 1951 by the vindhya pradesh act and any law made by any authority earlier was freshly repealed to make room for the extension. ..... repeal and savings :- as from the dates of the actual enforcement of the acts specified in section 2 of this act the corresponding laws in force in vindhya pradesh immediately before the said dates shall be deemed to have been repealed without prejudice to anything done or suffered thereunder or any right, privilege, obligation or liability acquired, accrued or incurred thereunder before the aforesaid dates.' 9. .....

Shivaleela Bellad W/o. Mallikarjun Vs. Mallikarjun Bellad S/o. C S Bel ...

Court : Karnataka Dharwad

..... court as follows: (a) high court , this court or the court means the high court of karnataka established under the constitution of india and in accordance with the provisions of sub section (2) of section 49 of the states reorganisation act, 1956 (central act 37 of 1956) for the state of karnataka constituted under the said act: (b) subordinate court means any court, tribunal or authority whose decrees, orders, 16 sentences or proceedings are subject to appeal, reference, revision to or by the high court under any law ..... 51 of the reorganisation act enables the chief justice, with the approval of the governor, to allow for sitting of judges and division courts of the high court at such place or places in the 8 state, as he deems proper, notwithstanding the fact that a principal bench and permanent bench/benches have been established under sub section 1 and 2 of section 51.19. ..... thus, even prior to the establishment of the high court under the reorganisation act, 1956, the mysore act provided for the high court to sit at more than one place and even when it sat at different places, the judges sitting there would possess the same authority as those sitting in the original place of ..... this constitutional high court, by virtue of the provisions of the states reorganisation act, 1956 can sit at more than one place. ..... 49 (1) made the existing high courts of the states of bombay, madhya pradesh and punjab as the high courts for the new states of bombay, madhya pradesh and punjab.12. s. .....

Bhagwati Prasad Vs. Chandrabhanu and ors.

Court : Madhya Pradesh

Reported in : II(1993)DMC218

..... if erstwhile vindhya pradesh has been merged in new madhya pradesh state after the states reorganisation act, 1956 which does not change the legal situation and mitakshara hindu law as administered in uttar pradesh shall continue to govern the vindhya pradesh region, but certainly the mitakshra law as administered in madhya pradesh shall not extend to the erstwhile vindhya pradesh region and the effect of states reorganisation act, 1956 making vindhya pradesh region a part of new madhya pradesh, has to ..... pradesh, though merged in larger madhya pradesh state, yet mitakshara law as administered in uttar pradesh governs the rights in respect of the property of the citizens of vindhya pradesh ..... from the discussion above, the legal position that emerges is that in the instant case the property situate in chhatarpur district which is admittedly a part of the erstwhile vindhya pradesh region, and therefore, according to mitakshra hindu law, which is, as stated, still applicable in that region, and the parties are governed by it, the respondents chandra bhanu ..... section 28 of the ordinance runs as under :'all cases in the high court and in the courts subordinate to the high court shall be decided according to, and all proceedings in such courts shall be governed by, the law for the time being in force in the united state of vindhya pradesh and, where no law is in force in the united state of vindhya pradesh concerning any particular matter, the decision of that matter shall be ..... section .....