Court : Madhya Pradesh
Reported in : 1953CriLJ236
..... it may include rates, octroi duties and other charges levied by the cantonment board. neither 'tax' nor 'octroi' has, however, been defined in the cantonments act of 1924. 'octroi' is the french name of local duty levied upon goods entering a town or district as distinguished from custom duties which are those levied at the front. in chapter v of the cantonments ..... act 'octroi' has been included in the general subject 'taxation' and it can be taken to be a kind of tax imposed by the act; but from the scheme of this chapter .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ764
..... & sons v. commissioner of income tax, punjab, air 1956 sc 367, sheodan singh v. daryao kunwar, air 1966 sc 1332, laxmiratan engineering works ltd. v. assistant commissioner, sales tax, air 1968 sc 488, gojer brothers ltd. v. shri ratanlal singh, air 1974 sc 1380 and rani choudhary v. lt. col. suraj jit choudhary, air 1982 sc ..... of the instant case, the court below committed jurisdictional error by not exercising its jurisdiction under section 5 of the limitation act, thereby condoning two days' delay in filing the appeal before it, notwithstanding, good and sufficient cause for condoning the same has been made out?'at the time of hearing of the second appeal, a ..... was dismissed by the first appellate court.5. it has been contended by the learned counsel for the appellants that the application under section 5 of the limitation act was an integral part of the appeal and, therefore, even if the said application was disallowed and consequently appeal dismissed as barred by limitation, it would .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(70)LC250(MP)
..... p/8 in petition no. 2183/93) against the petitioners demanding a particular sum as excise duty and also imposing penalty with a direction to confiscate the seized goods with liberty to obtain redemption on payment of fine. these orders are challenged in these petitions on the ground that the petitioners are illegally denied the benefit of the exemption ..... facts common to all these petitions are that the petitioners are partnership firms carrying on business of manufacturing twisted bars falling under chapter 72 of the central excise and tariff act. the respondent no. 2, after show-cause notice passed identical orders dated 5.8.1993 (annexure p/9 in the petitions no. 2074/93, 2106/93 and 2126/93 and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2002)ACC700; 2001ACJ1945
..... with the requirements of this chapter:provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the public liability insurance act, 1991.explanation.-a person driving a motor vehicle merely as a paid employee, while there is in force in relation to the ..... section (2)-(i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including owner of the goods or his authorised representative carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle in ..... liability which is intended to be covered by the insurance.40. it is, therefore, obvious that the insurer cannot be held liable even under section 149 of the act where the insured himself stands exonerated of any such liability.41. the statutory liability indicated hereinabove, therefore, has to be understood to be subject to the aforesaid condition. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP84; 2009(40)PTC210(MP)
..... lapse of time such business or services associated with a person acquire a reputation or goodwill which becomes a property which is protected by courts. a competitor initiating sale of goods or services in the same name or by imitating that name results in injury to the business of one who has the property in that name. the law ..... drawn our attention to the decision in bundi electric supply co. ltd. bundi (supra) wherein in para 16, it has been held as under:16. the indian contract act does not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative advantage that has been acquired in carrying ..... of the trade mark as a separate property/asset has been ordained in the preliminary decree. the learned single judge has erroneously relied upon the provisions of trade marks act.(g) the learned trial judge has rightly rejected the report inasmuch as the goodwill has been valued at rs. 1,80,56,859/- and the trade mark was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1952CriLJ887
..... passed on the merits and the order passed by the sessions judge rejecting the appeal as time barred should be distinguished as a dismissal under section 4 of the limitation act (act 15 of 1877) and should not be taken to have been passed on merits and thus the previous order was open to review by the sessions judge. on ..... i do not think so. the right of appeal under section 417 remains untouched; it affects only the period of six months given by article 157 of the limitation act for filing government appeals, and demands from the executive government extra care and alertness in preferring appeals against acquittal before a summary appeal against the conviction is dismissed. i ..... bench of the calcutta high court, presided aver by sir barnes peacock c.j., after referring to section 73, regulation 9 of 1793, regulation 14 of 1810 and act 25 of 1861 came to the conclusion that the high court cannot entertain, an application to review a judgment passed by it on appeal in a criminal case. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ1305
..... powers will be regulated. this court has the power to regulate its own procedure under section 24, madhya bharat high court act, (act 8 of 1949) & the rules as to who will apply for these writs & what form those applications should take will ..... case which is within its jurisdiction, & in passing the decree it makes an erroneous use of its powers, it is a good decree which the j. d. can disobey only at his peril. all this is elementary knowledge & no authority is needed ..... :the said supreme court shall not have or exercise any jurisdiction in any matter concerning the revenue or concerning any act or acts ordered or done in the collection thereof according to the usage & practice of the country or the regulation of ..... in the other to bring up & quash the proceedings of the regional transport authority, southern region appointed under motor vehicles act. wherein according to the petitioner dayabhai patel the regional transport authority did not consider his applications for permits to ply buses .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
..... by the full bench 'there is no law which requires an award to be registered before it can operate as an award as the transfer of property act requires the registration of sales and mortgages dealing with the property of the value of rs. 100 or more. an unregistered award is therefore not invalid for all purposes. the ..... suit properly so calledor not, that decree cannot be executed except with thesanction of the central government so that the protectiongiven by our enacted law is practically as good and complete as that given by the english courts on their interpretation of the international law. thus, i find that the proceedings before the court were not bad ..... by covenant, no ruler was defeated or dethroned. no ruler was deprived of his sovereign powers, in view of certain circumstances, every ruler gave up quite a good portion of his sovereign powers to the united state which in its own turn merged into the union of india. immediately, we are not concerned with the latter process .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP67
..... placed on an old english principle, which was followed in some of the reported cases in india prior to the coming into operation of the transfer of property act, that on an auction-sale of land, the crop growing thereon automatically passes to the auction-purchaser. the principle of english common law, which is of great antiquity, is founded on the ..... into operation. we have been invited by the learned vakil for the landlord to hold that the principle is one based on justice, 'equity and good conscience, and consequently applicable to this country. we are unable to adopt this contention as well founded. the tenant who has taken the land is bound, upon the ..... of civil procedure, 1908, had also not taken note of the fact that neither the english common law doctrine nor the provisions of the transfer of property act applied to execution sales.37. air 1936 cal 157 was a criminal case arising out of a conviction of the accused-applicants of offences under section 143 and 427 of the indian .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP190; 1981MPLJ557
..... nothing we can do about it. whenever the strict interpretation of a statute gives rise to an absurd and unjust situation, the judge can and should use their good sense to remedy it by reading words in, if necessary -- so as to do what parliament would have done had they had the situation in mind.' ..... the 1972 rules, hereinbelow before we proceed to interpret section 3 as to whether all the categories of cinemas are covered within the ambit of section 3 of the act.'cinematograph -- 'cinematograph' includes any apparatus for the representation of moving pictures or series of pictures.''place -- 'place' includes a house, building, tent and any ..... learned counsel for the petitioner challenging the validity of the 'no objection certificate' and the licence in question, made following contentions --(i) the provisions of the act and the 1972 rules do not contemplate establishing quasi-permanent cinemas after the coming into force of these rules; hence neither a 'no objection certificate' nor a .....
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