Judgment Search Results Home > Cases Phrase: madhya pradesh reorganisation act 2000 section 40 arrears of taxes Page 7 of about 744 results (0.154 seconds)

Motor General Traders and anr. Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Reported in : 1983(2)SCALE513; (1984)1SCC222; [1984]1SCR594; 1984(16)LC6(SC)

..... have already held that the sales tax law in vindhya pradesh was validly enacted, and it brought its validity with it under section 119 of the states reorganisation act, when it became a part of the state of madhya pradesh. ..... contention was rejected by this court with the following observations at pages 274-275 :the laws in different portions of the new state of madhya pradesh were enacted by different legislatures, and under section 119 of the states reorganisation act all laws force are to continue until repealed or altered by the appropriate legislature. ..... the contentions urged was that the levy of sales tax in the area which was formally known as vindhya pradesh (a part 'c' state) on building materials used in a works contract was discriminatory after the merger of that area in the new state of madhya pradesh which was formed on november 1,1956 under the states reorganisation act, 1956 as the sale of building materials in a works contract was not subject to any levy of sales tax in another part of the same new state ..... namely the area which was formerly part of the area known as state of madhya pradesh (the central provinces and berar area). .....

Arvind Vijay Bilung with V.N. Mishra Vs. State of Bihar and ors.

Court : Jharkhand

Reported in : 2002(50)BLJR336

..... posted in office in such successor-state, the appointing authority will be that particular state or appropriate authority of such successor-state.in respect of second category, though no generator special final allocation is made by central government under sub-section (2) to section 72 of reorganisation act, 2000, provisional order of allotment to serve a particular successor-state having made, on joining a post and office of such successor-state, the appointing authority would be competent authority to take disciplinary action, i.e. ..... taking into- consideration the provisions of sections 115(3) and 116 of reorganisation act, 1956, the court held that the officer will be deemed to be a servant of the state of madhya pradesh with effect from november 1, 1956, notwithstanding the delay in making of order under section 115(3) by the union government. ..... one or other successor-state.so far persons posted and holding office in the successor-state of bihar, as they provisionally continue to serve the successor-state of bihar under sub-section (2) of section 72, the successor-state of bihar or appropriate authority of state as deemed to be appointing authority under section 74 of the reorganisation act,' 2000, there should not be any controversy that the successor-state of bihar or appropriate authority of that state can take disciplinary action.it is only those amongst third category, who .....

M.A. Jaleel and ors. Vs. the State of Mysore by Chief Secretary to the ...

Court : Karnataka

Reported in : AIR1961Kant210; AIR1961Mys210

..... in exercise of the powers conferred by the proviso to article 309 of the constitution, and in accordance with the decisions of the government of india under the provisions of section 115(5) of the states reorganisation act, 1956 (central act 37 of 1956), the governor of (name of the state) is pleased to publish the final gradation list of the (name) establishment/department, which shall be in force retrospectively from the 1st november, 1956 ..... from the form of the letter addressed to the state of madhya pradesh, it appears that the procedure prescribed in that letter had to be followed not only by the state of madhya pradesh but also by the other states in which the integration of the services had to be ..... two government orders make it plain that the state government made the two lists for the express purpose of making an amalgamation of the divers cadres and posts, in the department of commercial taxes and to remove their multiformity, in the professed exercise of its power to make such unification, the claim to which is also asserted in the counter-affidavits produced on behalf of the state ..... authorities having power to make assessments of sales tax under those laws were:-(1) under the mysore sales tax act, 1948, (a) sales tax officers, and (b) assistant sales tax officers; (2) under the hyderabad general sales tax act, (a) sales tax officers, class i (b) sales tax officers, class ii, and, (c) assistant sales tax officers; (3) under the bombay sales tax act, (a) sates tax officers. .....

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 .....

State of Madhya Pradesh Vs. Syed Akbar Ali Syed Ahmad Ali

Court : Madhya Pradesh

Reported in : AIR1964MP213; 1964MPLJ854

..... of section 87 of the states reorganisation act, 1956, the liability of the successor state of madhya pradesh to discharge the liability with reference to the forest contract in respect of the forest situated in sironj sub-division, which was formerly included in the 'zalawad division' of rajasthan state but which on the passing of the states reorganisation act of 1958 had been included in the state of madhya pradesh as forming part of guna division, would become the liability of the state of madhya pradesh. ..... the trial court held that by virtue of the provisions of section 87 of the states reorganisation act, 1956 the original contract, which was entered into on behalf of the rajasthan state, would, after the states reorganisation act came into force, be deemed to have been made by the state of madhya pradesh; with the result that the state of rajasthan was not a necessary party to the suit--all its rights and liabilities under the ..... on the passing of the states reorganisation act, 1956 transferred to the state of madhya pradesh. ..... subsisting contracts and outstanding liabilitiesin respect of actionable wrongs are specially dealtwith in sections 87 and 88 of the states reorganisation act, i am, therefore, of the opinion that section 84 ofthe act has no application to the present case. 5. ..... it was argued by the learned government advocate that the trial court erred in not applying its mind to the provisions of section 84 of the states reorganisation act, 1956 which run as under : '84. .....

Bhopal Sugar Industries Ltd. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1961MP282

..... contention put forward by shri kolah, learned counsel appearing for the petitioner-company, is that the act applies only to what was prior to its inclusion the state of bhopal; that the present state of madhya pradesh comprises of bhopal and the territories of other states mentioned in section 9 of the states reorganisation act, 1956; and that as the act, as it stands, imposes tax on the agricultural income of persons in one area of the state and not the whole of ..... was equal protection of the laws to persons similarly placed in the same region; that the laws operating in different states included in the new state of madhya pradesh were continued in force after 1st november 1956 by the legislature by enacting section 119 of the states reorganisation act, 1956, and the adaptation order, 1956; that it must be presumed that the legislature understood and correctly appreciated the inconvenience that would be caused to the ..... act was in force in the former bhopal state till the date of the state's inclusion in the new state of madhya pradesh formed under the states reorganisation act ..... or other competent authority, be construed as meaning the territories within that state immediately before the appointed day,'the result of these provisions is that the bhopal state agricultural income-tax act, 1953, is today in force in the territory comprising of the former bhopal state- there is no law imposing income-tax and super-tax on agricultural income in any other part of the state of madhya pradesh. .....

State of Maharashtra and Another Vs. Chandrakant Anant Kulkarni and Ot ...

Court : Supreme Court of India

Reported in : AIR1981SC1990; 1981LabIC1568; (1981)IILLJ433SC; 1981(3)SCALE1445; (1981)4SCC130; [1982]1SCR665; 1981(2)SLJ280(SC)

..... question for consideration is whether there was denial of 'fair and equitable treatment' within the meaning of sub-section (5) of section 115 of the states reorganisation act, 1956 (hereinafter called 'the act') in the matter of determination of relative seniority and equation of posts as between the assistant sales tax officers (abbreviated as astos) from the former states of madhya pradesh and hyderabad and sales tax inspectors (abbreviated as stis) from the former state of bombay, who were allocated to the new state of bombay ..... in contrast, the conditions of service of astos from madhya pradesh and hyderabad, at least so far as one stage of promotion above the one held by them before the reorganisation of states, could not be altered without the previous sanction of the central government as laid down in the proviso to sub-section (7) of section 115 of the act. 18. ..... the remaining question whether the state government by its resolution dated june 13, 1964 and memorandum dated november 21, 1964, effected a change of recruitment rules by an executive order, in the conditions of service of the astos from madhya pradesh and hyderabad, contrary to the proviso to sub-section (5) of section 115 of the act; and if so, whether such a change in the conditions of service could be brought about without framing a rule under the proviso to article 309 of the constitution. .....

Vidarbha (Rent Contorl) Bhadekaru Sangh, Akola and anr. Etc. Vs. State ...

Court : Mumbai

Reported in : 1986MhLJ882

..... and the rent control order, 1949, on the ground that what was not discriminatory at the formation of thee bilingual state of bombal ofn november, 15, 1956 in view of section 19 of the states reorganisation act, which continued the provisions of the different acts prevailing prior to the reorganisation of states with the sual purpose of facilitating early formation of homogenerus units and maintaining political identilyand distinctive character of the region till uniformity is achieved,by passage of time has rendered the ..... highlighted bythe irrational treatment of even the allottes of the houses by clauses 25, under which the tenancy of any person holding an office of profit under the union or state government or toany person holding a post under the madhya pradesh electricity board and placed in possession of a house by an order under clause 23 or 24-a shall terminater on the date of the transfer, of or grant of leave other than casual leave, to such person or on the date which person cease tohold an office ..... be survive.shri jaiswal the learned assistant government pleader urged that since two the clases enumerated in clause 23 (1) namely the person holding office of profit under the union of stae government or holding pose ;under madhya pradesh electricity board would not require non-residential accommodation and the category of displaced person has ceased tobe eligible for nay differential treatment the exemption granted formthe provisions of chapter-iii would be available .....

Balkrishna Das and ors. Vs. Perfect Pottery Co. Ltd., Jabalpur and ors ...

Court : Madhya Pradesh

Reported in : AIR1985MP42; 1985MPLJ32

..... court of judicature at nagpur was established under letters patent appeal of king emperor on 2-1-1936 which was issued under section 113 of the government of india act, 1915 and after reorganisation of the states which took place on 1-11-1956, the nagpur high court became the high court of madhya pradesh at jabalpur ..... that would not make any difference to the power of the parliament to make provision for all matters which fall within the purview of entry 78 of the union list'similarly, in the judgment it was held that section 51(2) of the states reorganisation act is a matter relating to the constitution and organisation of the high' court and which could not be said to be falling within the ambit of entry 3 'administration of justice' in list ii as it then ..... be doubted that jurisdiction could be conferred under the local acts of a state on the high court and could also be withdrawn as all those matters would be covered under item 3 (administration of justice) list ii of the seventh schedule of the constitution but what is purported to be done under section 51(2) of the states reorganisation act is not conferral of jurisdiction under any special enactment of the state but it is pertaining to the constitution and reorganisation of the high court itself. ..... . the majority view was that under section 51(2) of the slates reorganisation act the president may after consultation with the governor and the chief justice of the high court establish permanent benches and the parliament had the .....

M.L. Jinesh Vs. the Union of India (Uoi), New Delhi Through the Secret ...

Court : Madhya Pradesh

Reported in : AIR1970MP82; 1969MPLJ657

..... region, on the appointed date, and they were allocated to the new state of madhya pradesh, under section 115(1) of the states reorganisation act, 1956 (act no. ..... that the matter of equation of posts is purely an administrative function under section 115 of the states reorganisation act. ..... place the assistant superintendents from bhopal unit in an isolated category below the gazetted officers, and determined their inter se seniority, inviting representations under section 115(5) of the states reorganisation act. ..... accordance with the principles settled at the chief secretaries conference for integration of services and equation of posts, the government of madhya pradesh rightly prepared the provisional common gradation list of printing and stationery establishment of the revenue department, leaving out the posts of ..... posts in all units should be dealt with fairly and equitably, irrespective of designation and classifications of posts in different units, the government had decided that classification as in vogue in old madhya pradesh, immediately before the appointed date, should be adopted as the norm for the purpose of preparation of combined gradation list. ..... it was, therefore, urged that since posts of assistant superintendents were classified as class iii (executive) in the old madhya pradesh, immediately before the appointed date, a combined gradation last of assistant superintendents in all the units should have been prepared accordingly, and there was no basis for any departure .....