Court : Madhya Pradesh
Reported in : AIR1980MP4; 1979MPLJ817
..... :--'the principles that have to be applied for interpretation of statutory amendments taking away substantive rights are well established. the first of these is that statutory provisions creating substantive rights or taking away substantive rights are ordinarily prospective: they are retrospective only if by express words or by necessary implication the legislature has made ..... in appeals. thus, on reading the entire section 47-a introduced by amendment in 1975, it does not anywhere indicate the legislative intention to make its provisions retrospective in operation. in such a situation, unless a clear and unambiguous intention is indicated by the legislature, it cannot be said that section 47-a has ..... make a reference to the collector of stamps in regard to under-valuation, once such instrument has been registered.'2. the factual aspects of this case, which emerge out, giving rise to this reference, are that on 29-7-1974 applicants nos. 1 to 7 named above, executed a sale-deed in respect of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(2)ARBLR283(MP); 2003(1)MPHT558
..... court. this clearly mean that a court having jurisdiction over the subject-matter of the arbitration agreement shall have jurisdiction of concluding the further arbitration proceedings. though the provisions of section 42 are similar to that of section 31(4) of the act of 1940, with minor changes which ensures that all matters arising out of an ..... decide the application since the amount of dispute between the parties is more than 25 lacs.2. the brief facts giving rise to this appeal are that the appellant-company entered into an agreement dated 5-6-1995 with the respondent for sale and supply of industrial gases. on 16-1-1997, a notice for termination of the ..... purpose neither the chief justice nor his designate is a court or tribunal as has been held by the constitution bench of the supreme court in the case of konkan railway corporation ltd. v. rani constructions (supra).12. in the case of sundaram finance ltd. v. nepc ltd. (supra), the supreme court has further clarified the legal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP211; 1965MPLJ541
..... where the guidance was gathered in the manner above indicated, (b) or even from the policy and purpose of the enactment which may be gathered from other operative provisions applicable to analogous or comparable situation or generally from the object sought to be achieved by the enactment.'9. bearing in mind the principle thus enunciated by their ..... to places both within the state of madhya pradesh and outside according to the availability of a suitable market and in many cases this is to be done by railway. in pursuance of this business of his, it is said, the petitioner applied for regulation of indent for transporting one wagon of such sawn timber from the ..... new delhi but the goods-clerk in-charge refused to accept the same without a transit-pass in pursuance of the order of the divisional superintendent central railway.the transit pass aforesaid has reference, according to the petitioner, to the pass ordered to be issued under regulation--no. 4660 published in, the madhya pradesh .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP52; 1972MPLJ149
..... to put conditions of this kind qua the steam-boat, and not be able to put conditions qua the railway. the consequence would be that if a passenger started and delivered his luggage to the railway company, and then arrived at the end of the journey and the luggage was not forthcoming, and nobody knew ..... wife took a ticket at boulogne for her to travel by the south eastern railway company's steamboat from boulogne to folkestone, and on by their railway to london. on the back of the ticket there was printed a condition excluding the company from liability for the loss of passengers' luggage above a certain value. the ..... company contrary thereto, or in anywise limiting such liability.' it was held that 'passengers' luggage' comes directly within the words 'articles, goods or things' and directly within the mischief and section 7 ought to be construed to include it. the question then arose whether section 16 of the regulation of railways act, 1868, (31 and 32 vict. c. 119) includes that provision .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP245
..... lordships, therefore, issued a writ in the following terms:'the respondents will be restrained from enforcing the central provinces and berar sales tax act, 1947, and its provisions against the petitioners and from imposing a tax in respect of the transactions in question and in particular from imposing a tax on the purchase price or goods purchased ..... of article 286 is to define and limit the powers of state legislatures with reference to imposition of sales tax and not to itself impose it.'the position which emerges is this. apart from and independently of section 27-a, there was in our act a pre-existing law in explanation iii under section 2(g), which ..... only in the manner and within the period prescribed by section 11a of the act in our opinion, that section was not attracted. with reference to a similar provision relating to income escaping assessment contained in section 34 of the indian income-tax act, the privy council pointed out in rajendra nath mukerjee v. income-tax commr., .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT1; 2003(3)MPLJ554
..... own decision but the legislature having prescribed the criteria, has transgressed the constitutional mandate. to appreciate the aforesaid submission, it is apposite to refer to certain provisions of the constitution. article 243q deals with constitution of municipality. by virtue of the said article, the word 'municipality' covers municipal corporation. this view ..... power conferred on the state to make rules for effectuating the purpose of the act.' 24. in view of the aforesaid enunciation of law what emerges is that the basic inherent legislative powers can not be delegated but to have a functional measure to carry out the purposes of the act, ..... aforesaid pronouncement of law, in our considered opinion, the aforesaid argument is totally without any substance inasmuch as the legislature itself has enacted the provision and in the provision itself has authorised the state government to make rules. no basic legislative function has been abdicated and, therefore, the said submission does not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT15
..... provides that wild animals, etc., to be government property including vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been used under the provisions of the act. section 39(1)(d) which is relevant for our purpose reads thus :--'39. wild animals, etc. to be government property.-- every -- (a) ..................................(b ..... for reasons to be recorded, impose a lesser punishment.(2) nothing contained in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of material for repair or for the transport of food or materials to ..... 2000 (damodar prasad asati v. state of m.p. and ors.) ; 2728/2000 (smt. manju sahu v. state of m.p. and ors.) ; 2729/2000 (hardeo motor transport company v. state of m.p. and ors.) ; 2730/2000 (kailash narayan rai and ors. v. state of m.p. and ors.) ; 2741/2000 (mahendra kumar jain and ors .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2005(104)FLR1047]; 2005(2)MPHT1; 2005(1)MPLJ340
..... working in the establishment were members of the employees' family pension scheme, 1971 formulated under the employees' provident funds and miscellaneous provisions act, 1952 and they were also members under the employees' provident funds scheme, 1952. petitioner, babu singh was initially appointed ..... of 1995.13. considering the totality of the facts and circumstances of the case and the legal position that emerges from a combined reading of the judgments replied up by shri alok sharma, it is to be held that ..... closure of the respondent/establishment, petitioners took voluntary retirement from service in accordance with voluntary retirement scheme formulated by the company and all of the ceased to be in employment, in the case of babu singh from july, 1995, in the ..... rekhi v. union of india and anr., (1981) 1 scc 449.(3) s.k. mastan bee v. general manager, south central railway and anr., (2003) 1 scc 184.(4) kamla bai v. secretary, madhya pradesh electricity board, jabalpur and ors., 1992 mplj .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ939
..... ' and the transporters i.e. clearing and forwarding agents are nowhere connected with the sale and purchase of goods; therefore they cannot be brought under the provision of the act and be penalised for omission or commission of their principal. therefore, this rule also cannot force them to regulate their business under the act ..... distributing goods directly or otherwise, whether for cash, or for deferred payment or for commission, remuneration or other valuable consideration and includes -(i) a local authority, a company, an undivided hindu family or any society (including a co-operative society), club, firm or association which carries on such business;(ii) a society (including a co ..... for the purpose of sections 57 and 58 clearing and forwarding agent includes a person engaged in collecting goods from any place inside the state including railway premises and arranging for the transport and/or delivery of such goods to the principal or any other person or carrier of goods for and on behalf .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1980MP129; 1980MPLJ729
..... have to befollowed and judicial approach has to beadopted, must depend primarily on thenature of the jurisdiction and the powerconferred on any authority or body bystatutory provisions to deal with the questions affecting the rights of citizens.'26 seervai in his constitutional law of india, vol. ii (2nd edn.) has considered a ..... which falls within the jurisdictionof the said authority or body, and otherof relevant circumstances. this question hasbeen considered by this court on severaloccasions. in the associated cement companies ltd., bhupendra cement works,surajpur v. p.n. sharma, civil appealno. 44 of 1964, dated 9-12-2964, bothaspects of this matter have been elaborately ..... the impugned order. now, before we appreciate the aforesaid contention and hold that a particular charge was baseless, it is necessary to state material facts emerging from the petition and the return in this behalf with regard to each charge. the first charge against the petitioner was that six cases of embezzlement .....
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