Court : Madhya Pradesh
Reported in : AIR1963MP316; 1963MPLJ614
..... government'. it does not sweep into those expressions contracts which were outside their scope before section 7(d) was amended in 1958. a- contract which, before that provision was amended, was neither a contract for supply of goods nor far the execution of any works is not caught fay those expressions merely because a contract for the ..... parliament when the bill was discussed would show that the amendment made in section 7(d) was not intended to restrict the scope of the disqualification under that provision; that, on the other hand, parliament was anxious to maintain the principle that the judgment of a member of parliament or state legislature should not be deflected ..... by the transport agency than when a consignment booked by rail is delivered by the railway authorities to the consignee. it is difficuit to see how the contract in question can be said to be a contract for 'supply of goods' by the company to the central government.11. the contract under consideration is not even a contract .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP165; 1986MPLJ261
..... clause (1) of article 372 reads thus :'(1) notwithstanding the repeal by this constitution of the enactments referred to in article 395 but subject to the other provisions of this constitution, all the laws in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed ..... . with the aforesaid background if we trace the history as to how the judicial system existed during the time of mugals then after the formation of east india company and during the regime of king or queen of england. this, no doubt, is very interesting matter, but without going in detail, it will suffice to ..... intention of the legislature will be frustrated if appeals are entertained against interlocutory orders amounting to judgment under clause 10 of the letters patent a clear view is emerging that as far as possible only one appeal should be provided in order to meet the mounting arrears of cases in various courts. so far as our state .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP168
..... anything contained in section 85, the tribunal may dismiss an election petition which does not comply with the provisions of section 81, section 83 or section 17.' 11. as against this we must now quote the cognate provisions as they emerge after the amendments in the act. the relevant sections in. this connection are sections 83, 85 and ..... and the date and place of the commission of each such practice.....' section 85 as amended reads as follows: '85. procedure on receiving petition. -- if the provisions of section 81 or section 82 or section 17 have not been complied with, the election commission shall dismiss the petition: provided that the petition shall not be ..... order better particulars is a matter which falls to be decided upon the intention underlying the amendment. in our opinion, when the act previously contained a specific provision for the ordering of better particulars and that has been deleted, the action of the legislature must be taken to be deliberate. in other words, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP268
..... not fatal to the petition.7. before i proceed to appreciate the contentions advanced on behalf of the parties, it would be useful to set out the relevant provisions of the act section 32 of the act reads as follows :--'parties to the petition -- a petitioned shall join as respondents to his petition-- (a) where the ..... this submission, it was pointed out that in the aforesaid paragraph whereas the persons who were alleged to have distributed the pamphlets were shown to be in the 'company of ' shri saklecha, shri mudansingh choudhary was alleged to be 'with' shri saklecha, and that this distinction was indicative of the fact that shri madansingh choudhary ..... he had amassed wealth by corrupt means by practising fraud and cheating and that he had committed acts of sin by sending innocent persons to jail during the emergency and by compelling thousands of persons to undergo vasectomy were all false. the petitioner further averred that the pamphlet in question was distributed by respondent no. 1 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2007)BC525; 2006CriLJ1988; 2006(1)MPLJ194
..... required to be proved. the large number of accused in the trial would not make any difference and obstruction in summary trial/or summons trial. in view of provisions of section 146, court shall presume the fact of dishonour and such cheque on the production of banks slip or memo having thereon the official marking denoting that the ..... trial within six months from the date of filing of complaint. there is no room of doubt that for the purposes of trial an offence falling under the act, provisions of summary trial sections 262 to 265 of the code would be applicable and the summary trial cannot be converted in the warrant trial. therefore, arguments advanced by ..... examined by the government in consultation with the reserve bank of india and other legal experts. there was further amendment in the act by the negotiable instrument (amendment and miscellaneous provisions) act, 2002 (act no. 55 of 2004) with effect from 6-2-2003.7. the amendment in the act are aimed inter alia at early disposal of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)IILLJ40MP; 2004(1)MPLJ168
..... not disputed. the board has also framed regulations (sic) p.1 called madhya pradesh electricity board's contributory and general provident fund regulations, 1952 under the provisions of section 79 of the act of 1948. precondition for exclusion from operation of act requires that employees of the establishment should be entitled to benefits of ..... under the scheme p.1 to employees hired through contractors working as muster roll employees as also to the work charged employees. board is complying with the provisions of the act with respect to nmr and work charged employee's. though the petitioner board has a contributory provident fund scheme for its employees, however, ..... relation to an exempted (establishment) in respect of any damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this act or under any of the conditions specified (under section 17 or in respect of the contribution payable by him towards the family pension ( .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1997)IILLJ1202MP
..... the petitioner contended that the petitioner society is an establishment for the upliftment of rural labour without any profit motive. therefore, the petitioner contested bonafidely that the provisions of the act are not applicable. after decision of the supreme court in case of bangalore water (supra), the petitioner withdrew the appeal and deposited the ..... payment of arrears of sales tax as the stay of recovery did not prevent running of interest. this court in w.p. no. 4410/94 (associated cement companies ltd. v. state of m. p.and another) decided on september 6, 1996 in case of increased rate of royalty under section 25 of the mines ..... act is a welfare legislation enacted for the employees engaged in the factory and the establishment. the entire act is directed towards achieving objective by enacting provisions requiring the employer to contribute towards provident ftmd, family pension and insurance and the commissioner informed of it by filing return and submitting details in the form .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP425
..... framed by the central government did not entitle the railway to recover the amount later by way of suit.11. we shall deal, first with the effect of the repeal of the first ordinance and the expiry of the second ordinance. the first ordinance was passed after the india and burma (emergency provisions)! act of 1940 was enacted and before the ..... tax is recovered from the purchasers through the agency of the shop-keepers, so also terminal taxes, octroi, and customs dues are recovered through the agency of railways and shipping companies and there is nothing unusual or illegal about it.25. it was contended that there was extra territoriality in the law inasmuch as an indore subject was required ..... that was british india. the next point, therefore, to consider is whether the recovery by way of a suit was possible. no doubt, the railway company would have been well advised in making the recovery from the consignee at thetime the goods were delivered to him, but it appears that there was some sad .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP305
..... a deteriorated condition has been dismissed by the additional district judge, balaghat, on the sole ground that the notices served by it on the respondent railway companies under section 77 of the indian railways act and under section 80 of the code of civil procedure were not legal and valid for the purposes. of the claim in suit.2. ..... ).if, therefore, the notice substantially satisfied its object in informing the parties concerned generally of the nature of the suit intended to be filed, the requirements of the provisions of section 80 of the code of civil procedure would be amply satisfied. 'cause of action', though it ordinarily means a bundle of all those facts which it ..... (sic clause d) of rule 11 of order vii of the code of civil procedure, because of the non-compliance by the plaintiff firm with the provisions of section 77 of the railways act and section 80 of tbe code of civil procedure.20. the learned counsel for the respondents, however, sought to support the dismissal of the suit .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP62; 2002(1)MPHT84; 2002(2)MPLJ195
..... energy produced by :(i) the government of india for consumption by that government;(ii) the government of india or a railway company for consumption in the construction maintenance or operation of any railway administered by the government of india;(iii) the state government of consumption by the government;(iv) a rural electric co- ..... , the benefits of which would definitely become available to producers, distributors and consumers of electrical energy. consequently, attack mounted on this provision is liable to be rejected.28. from the aforesaid discussion, what emerges is that the amendment of m.p. upkar adhiniyam, 1981 (no. 1 of 1982) by m.p. upkar (sanshodhan) ..... burden of price escalation of goods produced by them falls on them and not on the ultimate consumers. therefore, imposition of cess does not violate the provisions of articles 301/304 of the constitution of india. consequently, promulgation of ordinance, by the governor under article 243 constitution of india, is unassailable. .....
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