Court : Madhya Pradesh
Reported in : (2000)161CTR(MP)339
..... subject to certain self imposed limitations where it is open to the aggrieved petitioner to move another tribunal, or even itself in another jurisdiction for obtaining redress in the manner provided by a statute, the high court normally will not permit, by entertaining a petition under article 226 of the constitution the machinery created under the statute to be by-passed, and will leave the party applying to it to seek resort to the machinery so set up.'8. ..... supreme court in labh chand's case air 1994 sc 7154 has held'when a siatutory forum or tribunal is specially created by a statute for redressal of specified grievances of persons on certain matters, the high court should not normally permit such persons to ventilate their specified grievances before it by entertaining petitions under article 226 of the constitution is a legal position which is too well settled,'7. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]120ITR257(MP)
..... on the contrary, all that the board did was to permit the initiation of proceedings by the issue of a notice under section 148 after the expiry of eight years from the end of the relevant assessment year as it was satisfied on the reasons recorded by the ito that it was a ..... it appears that the attention of the ito was not drawn to the fact that there was a cash credit entry in the books of account for that year showing a deposit by capt. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP140; 1981MPLJ62
..... similar is the power contained in the same provision to permit enforceability of existing contracts etc. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(1)MPHT466; 2004(3)MPLJ322
..... the high court took the view that under section 561a of the code, it had inherent power to cancel the bail, and finding that on the material produced before the court it would not be safe to permit the appellant to be at large cancelled the bail, distinguishing the decision in 72 ind app 120 : air 1945 pc 94 : [1945 (46) cr.lj 662] (supra) and stated that the privy council was not called upon to consider the question .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ124
..... such an unfair attempt should not have been permitted by the insurance court to succeed and thereby defeat the object of the. ..... considered in this context, provisions of section 45a would permit the appellant corporation to determine the amount of contribution on the basis of what is known as the 'best judgment assessment method'. ..... can a welfare legislation like the present one, be permitted to be left at the mercy of the respondents in buckingham and carnatic co. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2000)DMC552
..... the allegations are that the respondent on the pretext of her ill-health did not permit the appellant to have marital relations with her and had misbehaved with the appellant and his family members. ..... after the 'gauna' ceremony also, on similar pretext, she again did not permit him to have marital relations and went back to her parents' home. ..... the appellant/husband averred that his wife did not permit him to have marital relations with her on the pretext that she was not well. ..... she averred that the appellant's mother did not permit her to have marital relations with her husband-the appellant on the first occasion. ..... however, the appellant's mother did not permit her to enter the house; upon which she returned back. ..... however, she did not permit him to have marital relations on the pretext that she was not well. ..... after three-four months thereafter on receiving information about the illness of the appellant's father, the respondent again went back to her matrimonial home alongwith her brother but, they were not permitted to enter the house. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP29
..... raman and raman, air 1952 sc 192, to submit that the specific remedy under special law debarred the petitioners' entry in to this court to invoke its writ jurisdiction, true, in that case, their lordships disapproved high court's direction to grant the petitioners the permit applied for and took the view that the court had exceeded its powers and jurisdiction in making the direction and not 'merely quashing the proceedings'. 6 ..... of the first schedule we hold that when any motor vehicle which is a 'public service vehicle' is found plying for hire or reward and is used actually for transport of passengers, but without a valid permit issued in accordance with law authorising it be engaged in that trade, the owner of the vehicle shall be liable to pay tax in terms of sub-item (g) reckoned at the rate of rs. ..... , in virtue thereof the owner may be entitled either to seek refund if the vehicle is not proposed to be plied by him subsequently during that month and intimation in that regard is filed by him in form 'k' or to apply for a permit of any type, contemplated under section 80, 87 or 88 and when granted to file a declaration in form b seeking therein adjustment of the payment made. 29. ..... stated above, the scheme of things contemplated is that before the vehicle is plied by the owner for transport of passengers on hire he is also to pay tax in advance and for that he is to obtain a permit and file a declaration along with the tax due payable under the relevant sub-item of item no. iv. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1984CriLJ384
..... conclusion is reached that 24 thousand litres of kerosene oil shown to have been sold to the society under the two permits was not really sold to the society and false entries were made by the detenu, the inference necessarily follows that the oil was diverted and sold in blackmarket.4. ..... learned counsel for the petitioner has contended before us that the conclusion reached by the district magistrate that the kerosene oil covered by the permits referred to above was not supplied to the society by the detenu was an arbitrary conclusion and no reasonable person could have reached that conclusion on the material placed before the ..... states that the kerosene oil covered by the aforesaid two permits or any bill relating thereto was not received by the society and that there is no entry of receipt of the oil in the books of the society ..... it was clearly mentioned in the grounds that permits were issued for 24 thousand litres of kerosene oil in favour of the society but the oil was not sold to the society although false entries were made to that effect and that the oil was really sold ..... case is that he supplied the kerosene oil to the society in accordance with the permits issued to him by the additional tahsil-dar. ..... in whose favour the permits were issued was the ..... neither here nor there, because it is not in dispute that the additional tahsildar issued two permits in favour of the society and the detenu's case was that kerosene oil was supplied to the society in accordance with the permits. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP156
..... the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the ..... reading of sections 23 and 22 of 1950 act would provide that before the last date for making nominations for an election in the constituency the entry which is erroneous or defective in any particular, can be corrected and a name not included in the electoral roll can be included, that would ..... of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrtuniy. ..... those circumstances the returning officer had no authority in law to permit correction of any entry either in the electoral roll or in the nomination paper. 26 ..... if name of candidate and his proposer as entered in nomination paper were same as entered in the electoral roll and there was no variation or difference in two documents, the returning officer had no power to permit correction of any entry either in electoral roll or in nomination pa-per. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP99
..... it has also been repeatedly held by this court that a substantial extension of the route is not a mere variation in the condition of the permit but that it amounts to a grant of a new permit as the identity of the route is completely altered by such grant. ..... this argument was repelled on the ground that an extension of 53 miles was really not a mere variation of the permit but that it amounted to a new grant and hence respondent no. ..... it accordingly set aside the extension of the permit as granted by the regional transport authority. ..... 3 had opposed the grant of a permit over this extended route, an appeal clearly lay. ..... this is a writ petition by three permit-holders of stage carriage permits. ..... one of the questions raised before the appellate authority was that no appeal lay against an order merely extending the route over an existing permit. .....
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