Court : Madhya Pradesh
Reported in : 2006(2)MPHT382
..... the authority shall be responsible for the general superintendence of the administration and enforcement of the act.(3) the authority shall for giving effect to the provisions of the act; have control over the pubic health laboratories maintained by the state government and local authorities and the public analyst and food inspectors appointed; ..... case may be, in matters relating to the administration and enforcement of the act.4. powers and duties of local authority. (1) subject to the provisions of rule 3, the local authority shall be responsible for the proper day to day administration and enforcement of the act within its jurisdiction.(2) the local ..... jurisdiction of panchayats constituted, declared or established, under the act relating to local authorities in force in the various regions of the states; and(ii) railway premises including railway stations and colonies, to be 'local areas' for the purposes of the said act.8. state has issued a notification on 15th july, 1988 authorizing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(164)ELT399(MP)
..... place, premises, store-room or other place of storage, as the case may be, immediately before such consumption or utilisation.'7. in the light of the aforesaid provisions the learned counsel submitted that the excisable duty is chargeable on excisable articles on its manufacture and therefore, the manufacturer is liable to pay the duty the moment goods ..... before the lordships was whether the excise duty paid by the purchaser will fall in turnover as defined in tamil nadu general sales tax act or not. the appellant-company manufactured indian-made foreign liquor (imfl). the manufacture, supply and sale of the imfl was governed by t.n. prohibition act, 1937, the t.n. indian-made ..... coal and coke when such coal and coke was despatched by rail from the collieries of the coke plants and the duty was to be collected by the railway administration by means of a surcharge on freight either from, the consignor or consignee. it was contended by the assessee that the excise duty could not legally .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ728
..... of any intoxicant, the interdiction against import, export or transport without sanction, prohibition of sale except under authority and subject to terms and conditions of licence, provision for licensing distilleries and warehouses, payment of duty, conditions for possession of intoxicants, power to grant lease or right to manufacture, supply, sale of liquor, prohibition ..... of liquor short-lifted. the prescription of such a fixed rate of penalty would go against the dictum laid down by this court in sharma and company's case, 1981 mplj 422 and ratanlal v. state, 1988 mplj 52. the prescription of a fixed penalty which is liable to be imposed irrespective ..... the case, nature and a degree of culpability or responsibility of the licensee in regard to failure complained of, would amount to treating unequals equally. the provision in the el. rules if understood as prescribing an inflexible quantum of penalty would be unreasonable and arbitrary. having regard to the parallel condition in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ68
..... trial judge held that the evidence of the departmental witnesses which is free from material contradictions, in the absence of evidence of any hostile animus on their part, emerges reliable and the same, beyond any reasonable doubt, connects the appellant with the crime.8. the contention of the learned counsel for the appellant is that apart ..... , 1990 (i) efr 15, it has been pointed out that scheme and purpose behind the provision have an important bearing in the matter of its interpretation as being directory or mandatory. in the decision in reserve bank of india v. peerless company, air 1987 sc 1023, it has been observed as under: -'that interpretation is best which ..... parihar (p.w.5) accompanied by probationary sub-inspector madan mohan (p.w.i) and police constable kamleshkumar (p.w.2) reached chhatri chowk, near shujalpur railway station. the appellant was encircled and was caught hold of. he had a bag with him. on search being taken the contraband opium was found in his possession in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT288
..... 173 of the motor vehicles act, 1988, to enable a party, more so the insurance company, to assail the award on any ground whatsoever. this expression has to be read in the context of other statutory provisions in the act and it may be a civil court subordinate to the high court, but ..... act, which provides for licensing of drivers of motor vehicles, licensing of conductors of stage carriages, registration of motor vehicles, control of transport vehicles, special provisions relating to state transport undertakings; construction, equipment and maintenance of motor vehicles; control of traffic, motor vehicles temporarily leaving or visiting india, liability without fault ..... the constitution of india is not available. in the circumstances, where insurance company cannot file appeal, it cannot file revision under section 115 of the civil procedure code or a petition under article 227 of the constitution of india.20. what emerges out of the aforesaid discussion is that this civil revision is not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ75
..... . life insurance corporation of india, air 1966 sc 135. in the latter case, damji valji shah (supra) it was observed that the provisions of life insurance corporation act would prevail over the companies act of 1956. thus the maxim generalia specialibus non derogant is being rightly invoked in this case.9. as a matter of fact the ..... protection act, 1986.these three statutes lay down detailed procedure for seeing that water, air and environments do not suffer from the ill-effects of industrial effluents.4. first, provisions of water (prevention and control of pollution) act, 1974 (hereinafter referred to 1974 act) be seen.5. sections 16 and 17 of 1974 act, provide for construction ..... act. permission to run an industry or refusal of withdrawal of consent is dealt with under section 27 of the act. emergency measures can be taken to see that wells and streams are not polluted. provisions in this regard are contained in section 33 of the act. sections 24, 43 and 44 are relevant and these be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
..... when vested rights are affected or influenced. in the absence of any unequivocal expose, the piece of legislation must exposit adequate intendment of legislature to make the provision retrospective. it is significant to allude to the facet that routinely or conventionally retrospective operation of law is not to be easily deduced. hypothesization in that regard ..... constitution bench, as has been indicated earlier, culled out the principles in para 23. they read as under :--'23. from the decisions cited above the following principles clearly emerge :-- (i) that the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of proceedings all connected by an intrinsic ..... time ago that a caseis only an authority for what it actually decides, and not what logically follows from it.'25. in the case of general manager, northern railway and anr. v. sarvesh chopra, (2002) 4 scc 45, it has been held thus :--'a decision of this court is an authority for the proposition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996CriLJ2819
..... v. life insurance corpn. of india, air 1966 (sic). in the latter case, damji valji shah (supra) it was observed that the provisions of life insurance corporation would prevail over the companies act of 1956. thus the maxim generalia specialibus non derogant is being rightly invoked in this case.9. as a matter of fact the question ..... protection act, 1986.these three statutes lay down detailed procedure for seeing that water, air and environment do not suffer from the ill-effects of industrial effluents.4. first, provisions of water (prevention and control of pollution) act, 1974 (hereinafter referred to 1974 act) be seen.5. sections 16 and 17 of 1974 act, provide for construction ..... act. permission to run an industry or refusal or withdrawal of consent is dealt with under section 27 of the act. emergency measurers can be taken to see that wells and streams are not polluted. provisions in this regard are contained in section 33 of the act. sections 24, 43 and 44 are relevant and these be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP14; 2005(1)MPHT321; 2004(4)MPLJ379
..... iv) deputy registrar of co-operative society;(v) assistant registrar of co-operative society.the registrar, co-operative society with a view to uniformly implement provision of section 52 regarding nomination of members in the committee of society undertook statewide exercise to amend byelaws of all the societies including the societies of ..... implication omits the application of the rule of natural justice, the statute will not be invalidated for this omission on the ground of arbitrariness.what emerges from the above discussion is that unless the law expressly or by necessary implication excludes the application of the rule of natural justice, courts will read ..... dynamatic hydraulics ltd. v. collector of customs, new customs house, bombay, (1991) 4 scc 251.10. assistant commissioner of commercial taxes (asst.) dharwar v. dharmendra trading company, (1988) 3 scc 570 : air 1988 sc 1247.the apex court in r.s. dass, air 1987 sc 593 (supra) considering the applicability of natural justice held .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)189CTR(MP)26; [2004]268ITR244(MP); 2004(1)MPHT438; 2004(1)MPLJ589
..... for the reason that actually no assessment proceedings had taken place. it would be pertinent to refer to the provision contained under section 201 of the income tax act which clearly provides that if the principal officer or the company liable to deduct the income tax at source fails to do so, he shall be deemed to be assessee ..... after 31-3-1975, as provided under sub-section (1-a) of section 244 of the act.'17. in view of aforesaid enunciation of law the position that emerges is that under section 214 of the act as it stood in the statute book at the relevant time, the assessee was entitled under section 214 of the act ..... interest but where he pass6s an erroneous order which is corrected by a superior authority, the assessee would be denied interest. there is nothing in the scheme of the provisions relating to refund and interest which justifies such a restricted meaning being given to the words 'regular assessment' occurring in section 244(1). 'regular assessment' means assessment under .....
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