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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1970]25STC64(SC); 1969(1)LC190(SC)
..... and berar sales tax act, 1947, continued to be a registered dealer in madhya pradesh, formed on november 1, 1956, after the reorganisation of the states if his business was partly carried on in the area which went to maharashtra state and partly in the area which formed part of the new madhya pradesh ?2. ..... (1)(a) in madhya pradesh excluding the merged territories every dealer whose turnover during the year preceding the commencement of this act exceeded the limits specified in sub-section (5) shall be liable to pay tax in accordance with the provisions of this act on all sales effected after the commencement of this act. ..... section 2(c) of the central provinces and berar sales tax act, 1947 (21 of 1947), defines a 'dealer' as meaning 'any person who, whether as principal or agent, carries on in madhya pradesh the business of selling or supplying goods, whether for commission, remuneration or otherwise... ..... section 119 of the states reorganisation act, 1956 (37 of 1956) states:the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any ..... in support of this argument reference was made to section 2(c) of the act defining a 'dealer' as 'any person who whether as principal or agent carries on in madhya pradesh the business of the selling or supplying goods whether for commission, remuneration or otherwise. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(4)MPHT79(CG)
..... sub-section (3) of section 3 of the ordinance simply provides that if vacancies occur due to rcconstitution of societies under sub-section (1), the reconstituted and the corresponding new societies may fill them by co-option or election or nomination by the registrar or the state government inaccordance with the provisions of the madhya pradesh co-operative societies act, 1960 and the rules made thereunder ..... reorganisation act, 2000 reads as under: '61 ..... according to him, on 19-10-2000 in the united madhya pradesh, 19 directors had moved a no-confidence motion against him but after some time 11 directors withdrew the said ..... section 16 of the co-operative societies act provides that a society may resolve for its reorganisation by amalgamating itself with other society or, transferring its assets and liability in whole or in part to any other society or, dividing itself into two or more societies or, converting itself into a class of society, the object of which is materially different from that under which it has been classified under this act ..... operative societies act, it is submitted by him that on re-organisation or bifurcation of the society the new societies would come into operation and the registration of the old societies would come to an end, therefore, to avoid such legal eventuality the fiction was created under section 3 of the ordinance but that fiction does not mean that the person who was already holding the office would assume charge on the dale of the reorganisation. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1081; 2009(2)BomCR110; JT2008(13)SC525; 2008(16)SCALE115; (2009)2SCC109:2009AIRSCW239:2009(2)LHSC1124
..... 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 chhindwara region, a part of which, on states' reorganisation, has come to the state of maharashtra, was entitled to the benefit of reservation. ..... in that view of the matter, if it is a fact that the people belonging to the said caste are recognized as obc, both in madhya pradesh and maharashtra being badhai in the former and sutar in the latter and keeping in view of the fact that the caste scrutiny committee has found her to be belonging to the sutar caste ..... this nature the degree of disadvantages of various elements which constitute the input for specification may not be totally different and the state of maharashtra even after reorganisation might have agreed for inclusion of the said tribe halba/halbi as a scheduled tribe in the state of maharashtra having regard to the said fact in ..... : [1964]2scr73 1 in the context of the jurisdiction of the magistrate under section 488 of the code of criminal procedure, 1898, for entertaining the petition of ..... that is required to be posed and answered would be as to whether the members of a scheduled tribe belonging to one region would continue to get the same benefits despite bifurcation thereof in terms of the states reorganisation act. ..... dudh nath prasad : [2000]1scr1 , which according to the division bench was of no assistance to the appellant in view of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP1
..... public service commission not being consulted for the continuance of the personnel either under the hyderabad public service commission rules or the andhra pradesh public service commission rules in case of a post falling within its purview in our opinion the question of consultation with the hyderabad public service commission does not arise after 1-11-1956 as that public service commission had ceased to exist by virtue of section 118 of the states reorganisation act. ..... the deputy commissioner by name or by the deputy commissioner by name or by virtue of his office to exercise the powers of an assistant commercial tax officers and includes (1) a special assistant commercial tax officer appointed for the investigation of evasions of tax under the act and (2) an additional assistant commercial tax officer, appointed for exercising the powers attached to the post of an assistant commercial tax officer'.the andhra pradesh general sales tax act does not give any definition of the assistant commercial ..... by virtue of clause (b) of rule 6 it was proved that no person shall be eligible to have his name included in the list f approved candidates for appointment as assistant commercial tax officer if he has not acquired the requisite qualification for inclusion ind dusted list on the date on which the proposal for inclusion in such list are due to the board of revenue from the ..... made by the government under the powers vested n it under section 39 of the andhra pradesh general sales tax act. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant225; AIR1967Mys225
..... of a police constable, the petitioners must be regarded to have held the post of an officiating wireless operator at all relevant points of lime, both in the state of bombay and in the new stale of mysore which, under section 116 of the states reorganization act, was as rightly contended by mr keshava iyengar, the central government pleader under a duty to provide the petitioners with a post corresponding in the posts which the petitioners held in the state of bombay prior to their ..... rangaswamy, the learned special government pleader, that the central government should now make a new allotment of the petitioners in the role of officiating wireless operators, since, our judgment in these matters and the provisions of section 116 of the states reorganization act make such fresh allotment superfluous and unnecessary31. ..... , karwar, due to reorganisation of states.3. ..... the purpose of the act was not to gel rid of those persons belonging to the 'kannad districts' even though they were not able to secure a corresponding post in the new state of mysore so it was that the allotment under section 115(2) was entrusted to the central government from which the employees in the existing state who were allotted to a new state could secure fair and even-handed treatment.20. ..... on october 31, 1956, under section 115(2) of the states reorganization act the central government allotted all those persona who. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)ALLMR(SC)152; 2004(5)BomCR921; 2004(4)MhLj784; 2004(10)SCALE344; (2004)9SCC481; 2004(1)SLJ151(SC); 2004(1)LC634(SC)
..... 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 ..... by its judgment and order dated 23rd march, 2001 dismissed the petition on the ground that the petitioner who comes from the state of madhya pradesh though belonged to scheduled tribe 'halba' which is recognized as such in the state of maharashtra is not entitled to benefit of reservation. ..... disputed that as a result of state reorganization, a part of the said district being chandrapur, which was originally in the state of madhya pradesh, had gone into the state of maharashtra. ..... 1987, the appellant was promoted to officiate as assistant engineer (civil) against a reserved vacancy on the basis of a certificate of being belonging to halba tribe issued by the competent authorities of the state of madhya pradesh. ..... here we find that the maharashtra state electricity board acting upon the direction of the state government has reverted the appellant without referring the matter to the scrutiny committee which was not the correct way to deal with the ..... 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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant362; AIR1969Mys362
..... these 40 writ petitions concern two final inter-state seniority lists made by the central government under the provisions of section 115 of the states reorganisation act in respect of the post of an inspector and a junior inspector of co-operative societies in the new state of mysore which came into being on november 1, 1956 the department of co-operation in which there was a concourse of ..... datar, on behalf of one of the petitioners, maintained that in some of the representations made to the central government under section 115(5) of the states reorganisation act, there was a contention that the equation concerning the old mysore post made by the state government on the basis of which they prepared the provisional inter-state seniority list ..... even a representation with respect to those matters was made to the central government under section 115(5) of the states reorganisation act, it becomes unnecessary for us to embark upon a discussion of its validity.37. ..... it should be observed that section 115(5) of the states reorganisation act directs an integration which ensures fair and equitable treatment to all persons affected by the provisions of that section and in its to afford such fair and equitable treatment that the conference of the chief secretaries deduced the four principles by the application of which alone the equation ..... equations made by the central government on the advice tendered by the advisory committee of which section 115(5) of the states reorganisation act speaks.3. .....
Tag this Judgment!