Court : Madhya Pradesh
Reported in : 2008(2)MPHT143
..... of 'staff' in service rules of 1975, the word 'staff' will have the same meaning as it has in the act. section 11 of the act which is titled 'staff of the bar council ' reads thus:11. staff of bar council.(1) every bar council shall appoint a secretary and may appoint an accountant and such number of other persons on its staff as it ..... 31 of the service rules of 1975, the staff of all the grades of state bar council are being paid the salary as applicable to the staff of the high court of madhya pradesh. he further submitted that by resolution dated 13.11.1978 the state bar council has resolved that the pay -scale of the secretary will be at par with the ..... madhya pradesh as the employer to decide what would be the equivalent cadre for the secretary of the bar council. a resolution has been adopted by the state bar council on 31.11.1978 as under:resolution no. 253/78/ec dt. 13/11/78 dt. 13/11/78. it was resolved that pay scale of the secretary will be at par with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ629
..... rider on appointment of secretary which shall be subject to the approval of the state government. section 16 speaks of the constitution of the state electricity consultative council by the state government. section 17 speaks of local advisory committees which are constituted from time to time by the state government. chapter iv deals with the ..... is also supported by the reasoning observations made in an unreported decision of the division bench of this court rendered at indore bench in m. p. 312 of 1978, the everlasting rubber works co. ltd. v. m. p. electricity board and ors. on 23-8-1980 which dealt a case under m. p. government electrical ..... petitioner madhya pradesh electricity board (for short the 'board') is a statutory body corporate constituted and established under section 5 of the electricity (supply) act, 1948 (for short the 'act of 1948'). the respondent no. 2 is an engineering company who carries on civil construction work. an agreement of construction of 45 meter high masonry-cum .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP150; 1968MPLJ854
..... 1959 sc 308 at p. 326:'at this stage, the argument hinted at but not seriously pressed, may be noticed. the rules the governor is authorised to make, the argument proceeds, are only to regulate the acts of the governor or his subordinates in discharge of the executive power of the state government, and ..... ' 29. the petitioners also state that on 2nd september, 1963 the minister ofshipping, government of india, informed the rajya sabha that the national development council had advised the state government to curtail the expansion programme of nationalisation of road transport services to the minimum and defer the same wherever possible because it ..... road transport services consistent with its resources. the suggestion that as the corporation altered the programme of nationalisation despite the advice tendered by the national development council, the alteration must have been at the instance of the chief minister shri mishra is, therefore, untenable. the untenabi-lity of the suggestion becomes .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1980)15CTR(MP)142; [1980]124ITR680(MP)
..... and andhra pradesh high courts and we respectfully agree with them [see cit v. royal motor car co. : [1977]107itr753(guj) ; addl. cit v. dr. khaja khutabuddinkhan : [1978]114itr905(ap) and cit v. mann engineering works : [1980]122itr306(guj) ]. we are respectfully unable to agree with the view taken by the allahabad high court in cit v. om ..... ito and the aac. the power of the ito, however, is subject to the provision made in section 274 which before its amendment by the taxation laws (amendment) act, 1970 (act 42 of 1970), read as follows :'274. procedure.--(1) no order imposing a penalty under this chapter shall be made unless the assessee has been heard, or has ..... which would govern the quantum of penalty imposable on the assessee for concealment of particulars of income. clause (iii) of section 271(1), as amended by the finance act, 1968 (act 19 of 1968), with effect from 1st april, 1968, was applicable to the case of the assessee for the return was filed and penalty was incurred after the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1983)34CTR(MP)306; [1984]147ITR197(MP)
..... the assessee for answering the following questions:'1. whether, on the facts and in the circumstances of the case, the explanation to section 271(1)(c) of the income-tax act, 1961, is attracted ? 2. whether, on the facts and in the circumstances of the case the inspecting assistant commissioner has jurisdiction to levy the penalty ?' 2. the ..... are penal proceedings, it was laid down that it is for the department to establish that the assessee is liable to penalty under section 271(1)(c) of the act, but by amendment, this explanation has been inserted which clearly provides that in a case where the returned income is less than 80% of the correct income ultimately ..... previous operation of section 274(2) as it stood before 1st april, 1971, and anything done thereunder continued to have effect under section 6(b) of the general clauses act, 1897, enabling the iac to pass orders imposing penalty in pending references. in our opinion, therefore, what is material to be seen is as to when the reference .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
..... cannot be made to wipe out present vice (constitutional) by making retrospective laws. we are, therefore, firmly of the view that the gujarat panchayats (third amendment) act, 1978 is unconstitutional, as it offends articles 311 and 14 and is arbitrary and unreasonable....'78. we are conscious that the aforesaid decision was rendered in a different context ..... achieved, civilisation is built up and history is made not on the battlefields where ghastly murders are committed in the name of patriotism, not in the council chambers where insipid speeches are spun out in the name of debate, not even in factories where are manufactured novel instruments to strangle life, but in ..... to start colleges of its own, it is only appropriate that private law colleges, which are duly recognised by the university concerned and/or the bar council of india and/or other appropriate authorities, as the case may be, should be afforded reasonable facilities to function effectively and in a meaningful manner. that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... have also submitted that the similar provisions are not there in m.p. vishwavidyalaya adhiniyam, 1973 (in short 'the act of 1973'). it is argued that in the said act the power and duties of the academic council are not curbed in the manner in which it has been curtailed in the case of the present university.94. in ..... is doubtful; but, where the object of the legislature in using wider words is clear and free of ambiguity, the rule of construction in question cannot be pressed into service.'this principle has been applied in number of contexts in judicial decisions where the court is clear in its mind that the larger meaning of the ..... any objection during the confirmation of minutes when they were sent to the government. the statutes, ordinances and regulations of the university have been printed by the government press and submitted to the department of higher education on 10-1-1997 with the chancellors' approval. it is putforth that the state government permitted the petitioner-management to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(140)ELT18(MP)
..... concerned. in that context it was held that mere noting on the file by the minister did not amount to making of the order. that could be reconsidered by the council of ministers. that case is distinguishable.21. in the present case the order dated 2-6-1992 was prepared. it was typed. it was signed by the assistant collector. ..... feeling in any way controlled by any administrative instructions.11. there is a direct authority of the supreme court on this point in orient paper mills v. union of india [1978 (2) e.l.t. (j345) (s.c.) = air 1969 sc 48. that was also a case where a circular issued by the central board of revenue was in ..... (a) :it is not in dispute that the proceedings before the assistant collector for adjudicating the claim for refund of excise duty are of quasi judicial nature. he must act independently and impartially. his discretion cannot be controlled by the directions of the superiors in that very case. the procedure of pre-audit of such a judicial discretion is unheard .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP98; 2002(2)MPHT10
..... such person, there shall be included any period during which the person has been an advocate enrolled under the indian bar councils act, 1926. (3) there shall be a chairman and a vice-chairman of each state bar council elected by the council in such manner as may be prescribed. (3-a) every person holding office as chairman or as vice-chairman of ..... concerned. in this context i may profitably refer to the decision rendered in the case of brij gopal denga and ors. v. state of madhya pradesh and anr., 1978 mplj 70, wherein g.p. singh, j. (as his lordship then was) held as under:--'it is no doubt true that when the language is express and no alternative ..... urged that the respondents, though employed in the factory of the press, were not 'workers' within the meaning of section 2(1) of the factories act and therefore, were not entitled to the benefit of section 59 of that act read with section 70 of the bombay shops and establishments act, 1948. on the plain language of section 70 of the bombay .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1980]123ITR874(MP)
..... had no jurisdiction to revise them under section 263. it was held that the exercise of jurisdiction by the additional commissioner under section 263 of the act was bad in law and the orders of the additional commissioner were, therefore, set aside except the order about interest. the additional commissioner thereafter approach- ..... 41itr425(sc) , while considering the word 'assessment', their lordships of the supreme court observed (at page 429):' a review of the provisions of chapter iv of the act sufficiently discloses that the word 'assessment' has been used in its widest connotation in that chapter. the title of the chapter is ' deductions and assessment '. the section ..... of tax was saved, but penalty not being tax, provisions relating to imposition of and collection of penalty did not survive the repeal of the hyderabad income-tax act.' and thereafter following the decision in c. a. abraham v. ito : [1961]41itr425(sc) quoted with approval (at p. 127):'the expression 'assessment' used .....
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