Court : Supreme Court of India
Reported in : AIR1991SC276; [1991(61)FLR755]; JT1990(4)SC236; 1991LabIC1373; 1991MPLJ1(SC); 1990(2)SCALE819; 1991Supp(1)SCC426; [1990]Supp2SCR328
..... madhya pradesh was reorganised under the states reorganisation act ..... thereafter the madhya pradesh government acting under section 3 of the act established the madhya pradesh state road transport corporation (hereinafter ..... state government employee his age of superannuation came to be governed by the statutory rules under article 309 of the constitution of india operating in respect of the government employees of the state of madhya pradesh and the age of retirement of the state servants under the said rules being 58 years the appellant was rightly retired.9. the appellant was in service of the company from 1947 to august 30, ..... the corporation in pursuance of the notices issued to them by the commerce and industry department or any authority of the madhya bharat road-ways and central provinces transport service shall be employed by the corporation subject to such regulations as may be made by it under section 45(2)(c) of the road transport corporation act, 1950 (central act lxiv of 1950), and subject to such assurance as may have been given to them by the state government.6. ..... (1976)iillj306sc interpreting section 34 of the act held as under:directions given by the state government are binding on the corporation and it cannot depart from any general instructions issued under sub-section (1) of section 34 except with ..... directions under section 34 of the act which ..... directions issued by the state government under section 34 of the act ..... 1963 to the corporation under section 34 of the act. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1978Ker55; (1978)ILLJ333Ker
..... dated 6-10-1965, the government noticed that the introduction of the new test will alter the conditions of service, of all allotted officers to their disadvantage and attracted the proviso to section 115(7) of the states reorganisation act, and the principles adopted by the govt. ..... and p-5 orders; nor as to whether the proviso to section 115(7) of the states reorganisation act was violated; nor of the warnings contained in exhibits ..... officer from the madras state governed by the madras judicial ministerial service rules, and entitled to protection under section 115 of the states reorganisation act, viz. ..... incapable of repealing the madras rules in the face of the proviso of section 115(7) of the states reorganisation act. ..... orders of the government and the statutory madras rule was continued in force by article 372(1) of the constitution, and protected by the proviso to section 115, clause (7) of the states reorganisation act. ..... services rules which is as follows :'35 (f)-- notwithstanding anything contained in these rules or in the special rules, in the case of persons allotted to the state of kerala from service under the government of madras consequent on the reorganisation of states, pass in account test for executive officers (madras) and pass in account test for subordinate officers part i (madras) shall respectively be accepted as sufficient qualification in lieu of pass in account test for executive ..... sc 820), to state of madhya pradesh v. ..... the decision in state of madhya pradesh v. .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)1GLR481; (1988)IILLJ534Guj
..... terminated by the orders of the government of the then state of madhya pradesh before the states reorganisation act, 1956 came into force. ..... india (1981-i-llj-79) the court held that bharat petroleum, a government company incorporated under section 617 of the companies act fell within the meaning of the expression 'the state' used in art. 12. in b. ..... 1 company, being a government company under section 617 of the companies act and having been incorporated under the said statute, is engaged in the manufacture of cheap and nutritious bread for ..... clause 2.18 of the staff regulation, we must agree with the learned single judge that the said clause on which the order of termination is based on opposed to public policy and, therefore, void under section 23 of the contract act as well as ultra vires arts. ..... so far as the challenge based on section 23, contract act, is concerned, it is alleged that clause 2.18 of the staff regulations is unconscionable in as much as it lacks mutuality and confers an unguided and arbitrary power on the management to terminate the services of a permanent employee without ..... ; that regulation 2.18 of the staff regulations was illegal and void as violative of section 23 of the contract act and ultra vires arts. ..... a clause such as rule 9(i) in a contract of employment affecting large sections of the public is harmful and injurious to the public interest for it tends to create a sense of insecurity in the minds of those to whom it applies and consequently it .....
Tag this Judgment!Court : Chennai
Reported in : AIR1995Mad292
..... it was held by the bench that the power under section 41 of the states reorganisation act extended only to making such modification in the original scheduled castes order, as was compatible with the territorial changes and formation of new states, and, it therefore, did not authorise the president to exclude any person ..... it was modified by the order issued under section 41 of the states reorganisation act, 1956. ..... mp184, a division bench of that court held that under art 341(2) of the constitution without any law made by parliament, the original scheduled castes order, 1950; specifying chamar as a scheduled caste in the entire area of madhya pradesh, could not be varied by any subsequent notification. ..... raja ram air 1972 sc 598 : : [1972]2scr632 , the court was called upon to decide whether jatav caste was included in chamar caste, which was mentioned in scheduled caste of datia district of madhya pradesh. ..... by the presidential order of 1950, chamar was notified as a scheduled caste throughout the state of madhya pradesh. ..... it is, therefore, his argument that the expression 'kurumans' found in the schedule to the act of 1976 would automatically mean and include 'kurumbas', 'kurumba', 'kuruba' etc. ..... separate figures for the mulla, jen and betta sections are not available. ..... the parliament passed the scheduled castes and scheduled , tribes orders (amendment) act, 1976. .....
Tag this Judgment!Court : Patna
Reported in : AIR1969Pat165; 1969(17)BLJR912
..... "in that case, their lordships of the madhya pradesh high court were construing the effect of sections 84 and 87 of the states reorganisation act in regard to the contract made before the appointed date by the divisional forest officer of rajasthan state and under the terms of the ..... case that the state of madhya pradesh was the successor state under the terms of section 87 of the states reorganisation act. ..... to the observation made while construing section 87 of the states reorganisation act, 1956, by v.r. ..... the result would be that by a legal fiction the state of madhya pradesh is substituted as a party to the present contract from the point of time when the contract was made on behalf ..... did not go behind them but considered whether the decree-holder has got a right to execute the decree against the state of bihar on the construction of the decree in the light of section 47 of the act and he was right in holding that the state of west bengal will have to be read in the decrees under execution in place of the state of bihar.13. ..... "though the state, after the vesting did not settle the lands in khas possession of the intermediary but the provision is made in the section that such settlement in favour of the ex-intermediary by the state of bihar will be assumed by the words "shall be deemed to be settled by the state" and a new relationship of landlord and tenant between the state ..... drew our attention to another decision of the supreme court in commissioner of income tax, delhi v. s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9
..... 662, a case arising out of the madhya pradesh sales tax act 30 of 1950 which by section 17 provided that:save as is provided in section 13, no assessment made and no order passed under this act, or the rules made hereunder by the assessing authority, appellate authority or the commissioner shall be called in question in any court, and save as is provided in sections 11 and 12 no appeal or application for revision shall lie against any such assessment or order.in the unanimous judgment of this court it was observed :. ..... to him as a ruler; he is also denied the benefit of the exemption from liability to pay income tax under section 10(1a) of the income-tax act, 1961; wealth-tax under section 5(1)(iii) & (xiv) of the wealth-tax act, 1957; gift-tax under section 5(1)(xiv) of the gift-tax, 1958; and of the exemption from liability to pay duty under the sea customs act, 1878, which remains operative under the customs act, 1961: he is also deprived of the statutory protection that he shall not be sued without the consent ..... on the passing of the constitution (seventh amendment) act 1956, madhya bharat state ceased to be a part b state and was integrated with the state of madhya pradesh as provided under the states reorganisation act, 1956. ..... the definitions became obsolete after the reorganisation and hence they were deleted. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1502; 1974LabIC1001; (1975)3SCC162; [1974]3SCR857
..... the problem is indeed ticklish and sensitive concerning integration, absorption, gradation and fixation of appropriate seniority of the officers throwing by act of the state their common lot from different areas, namely, the former state of madhya pradesh, former state of hyderabad and the former state of bombay allotted to the new bilingual state of bombay under the provisions of the states reorganisation act. ..... they were, however, allowed by this court on 23rd january, 1969, to withdraw the same 'without prejudice to all parties affected to make representations to the government in accordance with section 115 of the states reorganisation act, 1956'5. ..... (see section 115 and section 117 of the act and sections 81 and 83 of the bombay reorganisation act, 1960).8. ..... it is well settled that the central government under section 115 of the act has to determine the principles governing equation of posts and prepare common gradation lists by integration of services and in doing so to ensure fair and equitable treatment to all persons concerned. ..... after the above order of learned counsel, it is said that many agricultural officers made representations to the government of india under section 115 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC145; [1962]2SCR794
..... state of madhya pradesh, which stands substituted for the state of vindhya pradesh under the states reorganisation, act, 1956, and is directed against an order of the judicial commissioner, rewa, by which he modified, on review, his judgment and decree in a civil suit filed by the respondents against the state of vindhya pradesh. ..... reorganisation act, 1956, this part c state became a part of the state of madhya pradesh. ..... - * * * * * (b) in relation to anything done or to be done after the commencement of the constitution, mean the president; and shall include - * * * * * (ii) in relation to the administration of a part c state, the chief commissioner or lieutenant-governor acting within the scope of the authority given to him or it under article 239 or article 243 of the constitution, as the case may be :' 3(58) 'state' shall mean a part a state, a part b state or a part c state : 3(60) 'state government', - * * ..... which we have referred, made the state the proper authority to be sued, even though the state government was defined in the general clauses act as the central government, because the definition of 'central government' takes us to the lieutenant-governor, and from the lieutenant-governor we go ..... suit by or against the central government, the proper plaintiff or defendant, as the case may be, is the union of india, does not apply to a part c state, and only the definition in clause (b) of the section applies to this state, even though a part c state. ..... section 79 of the code .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(2)MPHT24(CG)
..... ) was constituted by the central government under section 43 of the reorganisation act to make recommendations to the central government for apportionment of the assets and liabilities of inter-state corporation/companies/state public sector undertaking in terms of provisions of the aforesaid act, 2000 and for considering the representations from the employees of the corporations/companies/state public sector undertaking and make appropriate recommendations ..... section 59 of the act lays down the provision as to madhya pradesh ..... reorganization act, 2000 (herein after referred to as 'the act'), the two successor states namely state of madhya pradesh and chhattisgarh were ..... to the corporation as its work is being adversely effected due to non-filing of the promotional posts which accrued as an effect of re-organization of erstwhile state of madhya pradesh, therefore, they may be allowed to announce the results of the promotion so as to carry out the proper functioning of the m.p.f.c. ..... the process of bifurcation and allocation, these petitioners or any one of them are finally allocated to the state of madhya pradesh with the m.p.f.c they shall be put to a disadvantageous position because many similarly placed co-employees working with the m.p.f.c. ..... , 31-10-2000, from the industrial concerns which have been granted loans by the madhya pradesh financial corporation and allocated on the basis of the physical location of the fixed assets of the concern lying within the different jurisdictions of .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2007Chh39; 2007(2)MPHT1
..... reorganisation act 2000, the chhattisgarh state legislature lacked competence to re-enact a law which had been struck down as ultra vires by the high court of madhya pradesh in anurudh prasad shastri ..... or vice-president is held and shall continue in office till the expiry of the term specified;(b) the term of a committee in office at the commencement of the madhya pradesh co-operative societies (amendment) act, 1990 shall be three years notwithstanding its election-(i) for a period of three years under clause (i) of sub-section (7-a) as it stood immediately before the 28th june, 1988; or(ii) for a period of five years under the said clause as it stood immediately before the 26th ..... (ii) the term of the representative shall be co-terminus with the term of the committee of the society by which such representative is elected;(iii) notwithstanding anything contained in this act, with a view to constitute committees or general bodies so as to give effect to the provisions contained in clause (f) of section 19-a, sub-sections (3), (4), (8-a), (7) and (8) of section 48, section 48-b, and section 52-b in relation to any class of society, the state government may by general order, direct that-(a) the term of committee in office shall expire, or(b) the election of delegates ..... validation of laws is of particular significance and utility and is quite often applied, in taxing statutes. ..... of validation of laws is of particular significance and utility and is quite often applied, in taxing statutes. .....
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