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Vinod Kumar Radhika Prasad Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1966MP134; (1969)ILLJ623MP; 1965MPLJ825

..... the petitioner vinod kumar verma in this case was holding in the former state of vindhya pradesh the post of district welfare organiser in backward classes welfare department at the time when that state became a part of the new state of madhya pradesh under the states reorganisation act, 1956 (hereinafter referred to as the act). ..... by virtue of section 115 (1) of the act, the petitioner must no doubt be deemed to have been allotted to the new state of madhya pradesh when under the act vindhya pradesh became a part of the new ..... steps or matters in the integration of services are of ministerial character which could be undertaken or done by the state government without infringing: section 115(5) and section 117, read together.7. in this view of the matter, it is not necessary to consider the submission of the learned counsel for the applicant whether if under section 115(5) of the act the central government issues directions laying down certain principles and procedure for integration of services, those directions are ..... to support his contention that it was beyond the power of the state government to effect integration of personnel in the tribal welfare department and the integration done was in contravention of section 115 (5) of the act, the applicant based himself solely on the averment in paragraph 11 of the petition that the state government constituted two committees for integration purposes which laid down certain principles of integration and equation of posts, and on .....

Raj Pal Singh and Others Vs. State of Haryana and Another

Court : Punjab and Haryana

Reported in : AIR1990P& H321

..... where by virtue of the provisions of part ii of the states reorganisation act, 1956 (37 of 1956), or any other enactment relating to reorganisation of states, any co-operative society which immediately before the day on which the reorganisation takes place had its objects confined to one state becomes as from that day, a multi-state co-operative society, it shall be deemed to be a multi-state cooperative society registered under the corresponding provisions of this act and the bye-laws of such society shall, in so far as ..... it is not in dispute that with the promulgation of the states reorganisation act, 1956 (37 of 1956) the areas of erstwhile state of pepsu were merged ..... persons from the district ropar, sangrur, chandigarh, delhi, uttar pradesh, rajasthan, madhya pradesh, bihar are members and share holders of the said mill. ..... is a multi-state co-operative society in terms of the multi-state co-operative societies act, 1984 (for short, the 1984 act) and, therefore, neither the haryana co-operative societies act, 1984, as amended by the amending act is applicable to their case nor the state government could appoint an administrator to run the affairs of the society as has been done vide order dated january 27, 1988; rather in terms of sub-section (3) of s. ..... ' (ii) as per section 2 of the later mentioned act, the relevant part of which is ..... out earlier, this plea has been taken in the light of sub-section (1) of s. ..... words, the society is completely covered by sub-section (1) of s. .....

Sardarmal Lalwani Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1973SC1383; 1978CriLJ192; (1973)1SCC599; [1973]3SCR53

..... the proviso runs thus :provided that when the market-value of any land situate in bhopal area, in respect of which the date of publication of the notification aforesaid is after the commencement of the land acquisition (madhya pradesh amendment) act, 1957 (21 of 1958), is in excess of its market-value as on the 1st day of october, 1955, the market-value thereof shall be deemed to be its market-value as on the 1st day of october, 1955. 4. ..... the notification to acquire the land in question under section 4(1) of the land acquisition act, 1894, was published in the madhya pradesh rajpatra, dated october 3, 1962. ..... notification under section 6(1) of the said act was published in the madhya pradesh rajpatra dated november 23, 1962. ..... the facts in this petition are that the land acquisition act, 1894 was amended by the land acquisition (madhya pradesh amendment) act 1959 (madhya pradesh act v of 1959) hereinafter referred to as the impugned act.3. ..... the high court justified the basis to differentiate the land located in bhopal area thus :in support of this difference, it has been averred in the return filed by the state that in the reorganisation of the states, which was a political exigency, the fixation of the capital at bhopal was 'an accident' not due to any economic or industrial reasons; that when it was decided to locate the capital of the state in the underdeveloped ..... we were referred to the report of the states reorganisation commission, 1956. .....

T. Ramachander Rao Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2001(2)ALD634

..... with that of erstwhile states of andhra and madras and andhra pradesh state with maharashtra and madhya pradesh states together with the bachawat awards relating to godavari and krishna rivers and declare the action of the respondents in not implementing the same as violative of articles 14 and 21 of the constitution of india and also violative of section 108 of the state reorganisation act, 1956 and also violative of directive principles of state policy ..... of india stating that krishna and godavari tribunal awards have not put any restriction on the use of water under the specific projects and the states reorganisation act was given due cognizance by the tribunals in their awards and state governments represented their cases for the utilisation of water in the pre and post projects ..... also given comparative statistical figures of both the regions in the state in relation to irrigated area/sown area prior to formation and after the formation of the state of andhra pradesh to show that there was discrimination between the two regions in the matter implementation of the irrigation projects and the required irrigation potentials were not created by the state in the ..... madhya pradesh, orissa and andhra pradesh ..... for the petitioner is that having regard to the agreements entered into by the state at the time of formation of the state of andhra pradesh, the same have to be given effect to and the promises made therein must be considered having regard to the power of the state. ..... pradesh, : 2000 .....

Rao Somashekara and ors. Vs. State of Karnataka and anr.

Court : Supreme Court of India

Reported in : JT1997(8)SC123; 1997(6)SCALE196; (1997)7SCC649; [1997]Supp4SCR125; 1997(2)LC714(SC)

..... : [1964]52itr443(sc) (852-854) it was observed that though continuance of the laws of the old region after the states reorganisation act, 1956 by section 119 of that act was not by itself discriminatory even if it resulted in differential treatment of persons, objects and transactions in the new state because of historical reasons, still 'passage of time' could make ..... occasion to go into the question of the temporary nature of the continuance of existing laws under section 119 of the states reorganisation act, 1956 and whether delays in rectifying the inequalities arising out of the said act should be rectified by the state within any particular time frame. ..... of madhya pradesh v ..... the government directed the payment of the higher pay scale as per their earlier order dated 10.8.1979 and arrears for the period 1.1.78 to 31.3.1986 were to be credited to the general provident fund account and the difference payable after 1.1.1986 to the primary school teachers was to be ..... the scales were increased only for purpose of computation and fixation of pay but not for payment of arrears upto 31.12.77, various details as contained in the compromise so arrived at were incorporated in the proceedings of the government of ..... writ petitions have been filed by other karnataka secondary grade teacher in this court claiming equalisation of pay scales from 1.1.1957 to 31.12.1969 and payment of arrears for that period. ..... out that this was done by even directing the arrears to be credited to their p.p. .....

Union of India Vs. Uday Pal

Court : Madhya Pradesh

..... :: review petition no.544/2012 the notifications dated 28-11-1968 issued by president constituting permanent benches at gwalior and indore president's order read with s.51 (2) of the states reorganisation act, 1956 and both have been enacted to meet similar situations and with regard to a similar subject, a full bench of this court in abdul taiyab abbasbhai malik versus union of india air 197.mp 116.proceeded ..... it is, therefore, clear that in view of the scheme of the states reorganisation act and in view of the context it could not be doubted that the provisions of the states reorganisation act contemplated the sitting of the high court at different places with jurisdiction exercised by the judges while sitting at those places in respect of areas allotted to those places for ..... (as his lordship then was).speaking for the majority, made the following illuminating observations - "high court of madhya pradesh" only means the chief justice and such other judges as may be appointed by the president to the said ..... references under the income-tax act, the wealth-tax act and other tax references do arise out of cases before ..... provision in the form of sub-section (1) of section 23 of the railway claims tribunal act, 1987 reads as under - 23 ..... (1) save as provided in sub-section (2) and notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908).or in any other law, an appeal shall lie from every order, not being an interlocutory order, of the claims tri- bunal, to the .....

G. Lakshminarayana Vs. Commercial Tax Officer and anr.

Court : Andhra Pradesh

Reported in : [1974]33STC558(AP)

..... ), the supreme court was considering the ambit of the expression 'arrears' occurring in section 78 of the states reorganisation act which provides 'the right to recover arrears of any tax or duty on property, including arrears of land revenue, shall belong to the successor state in which the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor state in whose territories the place of assessment of that tax or duty is included'. ..... section 13 of the madhya pradesh sales tax act reads thus:the commissioner shall, in the prescribed manner and either by cash payment or, at the option of the dealer, by deduction of such excess from the amount of tax due in respect of any other period, refund to a registered dealer applying in this behalf any amount of tax or penalty paid by such dealer in excess of the amount due from him under this act:provided that no claim for refund shall be allowed unless it is made within twelve months ..... during the pendency of the proceedings before the taxing authorities section 13 of the act was amended with retrospective effect taking away the right to refund and the state of madhya pradesh moved the board for a reference to the high court. ..... the board of revenue, madhya pradesh, set aside the order. ..... in the case before the supreme court, state of madhya pradesh (now maharashtra) v. ..... in state of madhya pradesh and ors. v. .....

C.A. D'Souza S/o C.L. D'Souza Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1961MP261; [1961(3)FLR54]

..... service is liable to be quashed, he would, in the absence of any order of the central government finally allotting his services to the bombay state under sub-section (3) of section 115 of the states reorganisation act, 1956 (37 of 1956), be deemed to be, under subsection (2) of that section, serving under the principal successor state, which admittedly is, in this case, the new state of madhya pradesh. ..... before the governor of madhya pradesh on 1 november 1956 when the states were reorganised. ..... charges were fully established with the rider that there were good extenuating circumstances for taking a lenient view of the matter and that the charges did not relate to any act of misappropriation or show any moral turpitude in fact 'negatived the offence contemplated by sub-rule (8)'; and that when the government concurred in these findings of the enquiry ..... of madhya pradesh, air 1954 nag 90 affords no assistance to the petitioner because his past record was ..... these were the two punishments regarded as serious enough to merit statutory safeguards provided in section 240 of the government of india act, 1935, because dismissal included removal from service.the only distinction between dismissal proper and dismissal in the shape of removal from service ..... an irregularity about the notice may not lead to the court holding that the government servant did not have the reasonable opportunity contemplated under section 240(3) of the government of india act, 1935.in high commissioner for india v. i. m .....

Union of India (Uoi) Vs. S.R. Dhareshwar and ors.

Court : Supreme Court of India

Reported in : AIR1971SC1753; (1971)IILLJ117SC; (1972)4SCC703; 1971(III)LC688(SC)

..... this was an appeal from a judgment of the madhya pradesh high court holding that the preparation of the provisional gradation lists under the relevant provisions of the state reorganisation act, 1956 was unwarranted in law and that the final list published on the 6th april, 1962 prepared by the state government under instructions from central government with regard to the integration of officers of the engineering ..... representations, and the publication of the final gradation list incorporating the decisions of the central government on the representations submittedin the opinion of this court, the procedure adopted did not contravene the provisions of section 115(5) of the act because it was central government which had laid down the principles with regard to the equation of posts and determination of relative seniority as between two persons holding posts declared equivalent to each other and ..... the court noted that the stand taken by the government of india in its affidavit before the high court was that the impugned decision was a final one under section 115 of the act and that nothing more remained to be done in connection therewith and that the high court had allowed the attorney-general to raise a plea which was factually the case of the government of india though at variance .....

Mehta Amritlal Gokaldas and ors. Vs. the State of Bombay and ors.

Court : Gujarat

Reported in : AIR1965Guj87; (1964)10GLR769

..... section 2(h) of the reorganization act defines 'law' as including'any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the territory of india'.from the aforesaid provisions of the reorganization act, it is quite clear that the new state of bombay comprised some parts of the old states of bombay, madhya pradesh and hyderabad ..... section 119 of the reorganisation act ..... section 52 is a general section intended to apply not only to the high court of bombay for the new state, but, also to other high court for the other new states which were established under the reorganization act, such as the high courts of kerala, mysore, madhya pradesh ..... under section 8 of the reorganization act, 1956, the new state, of bombay comprised some parts of the former state of bombay, madhya pradesh and ..... similar appeals to the high court in cases from the territories of he former saurashtra state and that, therefore, a certificate of fitness to appeal is necessary in each such case, is based upon section 52 of the reorganization act of 1956 which is as follows:'the high court for a new state have, i respect of any part of the territories in that new state, all such original, appellate and other jurisdiction as, under ..... of saurashtra, and the original suits in the other cases were pending in their respective courts, the state reorganisation act, 1956 (hereafter called 'the reorgasnization act') was passed. .....