Court : Madhya Pradesh
Reported in : 2003(4)MPHT435
..... . state of karnataka and ors., (1987) 2 scc 692, r. chandevarappa v. state of karnataka, (1995) 6 scc 309 and indira sawhney v. union of india and ors., air 1993 sc 477 in support of justification of the circular. 14. now we shall deal with the contentions in seriatim. the primal attack on amendment is that when no amendment has ..... rendered in the cases of m.r. balaji and ors. v. state of mysore and others, air 1963 sc 649 and indira sawhney v. union of india and others, air 1993 sc 477. the learned counsel has also referred to the decision rendered in the case of dr. preeti srivastava and anr. v. state of m.p. and ors., (1999) ..... with power and authority. in this context it is apposite to refer to madhya pradesh panchayat raj avam gram swaraj adhiniyam, 1993. in the aforesaid act the definition of 'gram sabha' has been given. section 7 of the aforesaid act provides for the powers and functions and annual meeting of the gram sabhas. we have carefully perused the aforesaid provision. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... not justified in dismissing the writ petition on the ground that an alternative remedy was available to the appellant under section 68 or the u.p. state universities act.' 33. in this context, we may profitably refer to a division bench decision of the orissa high court rendered in the case of sarat chandra v. ..... short 'the appellate tribunal') had already pronounced a verdict that against an interlocutory order passed under the recovery of debts due to banks and financial institutions act, 1993 (for brevity 'the act'), no appeal lies. the learned single judge felt that a complex situation had surfaced inasmuch as this court in the case of earnest health care ..... be that the tribunals shall have to follow dilatory procedures available under the code of civil procedure, 1908 which the legislature intended to avoid by enacting the act of 1993. therefore, normal procedure is to receive evidence by affidavit(s) and it is only for reasons to be recorded that the tribunals may summon the deponent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPHT192; 2004(4)MPLJ13
..... no. 54 is under challenge in this writ petition on the so called ground of 'change of use of land'. first challenge was laid in w.p. no. 1224 of 1993 by m/s. raghunath prasad & company, a bpl dealer running a petrol pump on the a.b. road opposite to the site allotted to the respondent no. 5. that ..... or zoning plan by following the prescribed procedure. however, provisions of sections 18 and 19 were made applicable to proposed review or modification. section 23 was once again substituted by act no. 8 of 1996 w.e.f. 17-4-1996. by the said amendment, with certain procedural changes, power of the director town and country planning was kept intact. ..... no. 2.(b) issue appropriate writ, order or direction mandating the respondents not to make any change in the land use without compliance to mandatory provisions of section 23 of act, 1973 and procedure prescribed under the law.(c) issue any other and further orders as. may be deemed fit in the facts and circumstances of the case.(d) allow petition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... , j.1. the present reference has arisen in a different factual matrix inasmuch as certain provisions of madhya pradesh panchayat raj evam gram swaraj adhiniyam, 1993 (for brevity 'the act') that were incorporated by way of amendment into the aforesaid statute faced assail pertaining to their constitutional validity in the case of jankidas bairagi and anr ..... the schools and colleges located in the towns-- small or big-- and their peripheral areas are much better qualitatively.'17. in the case of vijay lakshmi v. punjab university, (2003) 8 scc 440, while upholding the reservation for women as permissible the apex court expressed the view as under :--'8. (a) for the policy decision ..... implies a meeting, and the action must be group action, not merely action of a particular number of members as individuals.'39. in the case of the punjab university, chandigarh v. vijay singh lamba etc., air 1976 sc 1441, the apex court has ruled thus :--'quorum' denotes the minimum number of members of anybody of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPLJ126; [2006]145STC639(MP)
..... that originally he and his brother ved prakash patwa were the partners in the firm 'patwa constructions' ; that the said partnership firm came into existence on april 1, 1993 but was dissolved on march 31, 1994 ; and that from april 1, 1994, ved prakash patwa was the sole proprietor of 'patwa constructions' and he had nothing ..... authority, he cannot be treated to be a legal practitioner or entitled otherwise to practise the profession of law by virtue of section 71 of the bombay sales tax act.the second category of persons, who are entitled to appear before sales tax authorities under clause (b) of section 71, are professionally qualified persons, a legal practitioner ..... as a sales tax practitioner under the act repealed by this act ; or(b) holds a degree in law or commerce or the degree of bachelor of arts with economics as one of his subjects conferred by any indian university incorporated by any law for the time being in force or by any other university as the state government may, from .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ57
..... it. 19. in this regard, it would be fruitful to refer to the decision rendered in the case of state of up v. synthetics and chemicals ltd. : 1993(41)ecc326 , wherein, in paragraph 41, it has been ruled thus:.a decision which is not express and is not founded on reasons not it proceeds on consideration of ..... out the finding after considering various conflicting decisions in the field. the said conclusions read as under:110 *** *** *** *** ***(i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third-party risks is a social welfare legislation to extend relief by compensation to victims of accident caused by use of motor vehicles ..... the river of the jeep. because of the death in the vehicular accident the legal representatives of late sunil kumar initiated an action under section 166 of the act for grant of compensation of rs. 8,75,000/- on various heads which included the amount expended on his treatment. it was contended before the tribunal that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP99
..... smriti mahavidyalaya, sehore v. state of m.p.), are institutions recognized by the regional committee of the national council for teacher's education act, 1993, (hereinafter referred to as the 'act'), for offering b.ed. course and training in teacher education. the norms and standards for secondary teacher education programme, have been determined by ..... 'domicile' or residence requirement within the state or on the basis of institutional preference for students who have passed the qualifying examination held by the university of the state excluding all students not satisfying this requirement, regardless of merit. we declare such wholesale reservations to be unconstitutional and void as being ..... should not exceed 70%, meaning thereby that 30% for open seats should be available for students on all india basis, irrespective of the state or university, from which they come and such admission should be granted purely on merit on the basis of entrance exam. the outer limit, thus fixed, but .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(2)MPHT380
..... a binding precedent on this question. he cited the decisions of the supreme court in state of u.p. and anr. v. synthetic and chemicals limited and anr. : 1993(41)ecc326 , deb narayan shyam and ors. v. state of west bengal and ors. 2005 air scw 172 and in uttaranchal road transport corporation v. mansaram nainwal : ..... construct a building. such a right, however, can be restricted by reason of a legislation. in terms of the provisions of the karnataka town and country planning act, a comprehensive development plan was prepared. it indisputably is still in force. whether the amendments to the said comprehensive development plan as proposed by the authority would ..... right to property cannot be restricted unless a comprehensive development plan was prepared is based on the interpretation of the provisions of the karnataka town and country development act. under the scheme of the adhiniyam, we have seen, the right to property of a person located in any area cannot be restricted unless a development .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(3)MPHT253
..... tehsil and district indore. after the said declaration of its intention to prepare the scheme, the said declaration was published in the government gazette on june 18, 1993, in terms of section 50(2) of the madhya pradesh nagar tatha gram nivesh adhiniyam, 1973 (hereinafter referred to as 'adhiniyam'). thereafter in terms of section ..... for the petitioners, has vehemently argued that there was absolutely no justification with the state government to have invoked the provisions of section 17 of the act, thereby taking away the valuable right of the land owners to file objections under section 5a. the learned senior counsel has maintained that urgency provisions could ..... having been acquired, without affording an opportunity to them to raise objections. even if the right to file objections under section 5a of the land acquisition act had been taken away from the petitioners on account of invoking of the urgency provisions under section 17 thereof, still the petitioners had already raised all .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)17VST465(MP)
..... : [1996]2scr184 their lordships while dwelling upon the tax imposed under the bihar (tax on entry of goods into local areas for consumption, use or sale therein) act, 1993 posed a question whether the amount taxed has been established to be compensatory or whether it can be called a regulatory measure. dealing with the said facet in the ..... to appreciate what a pernicious influence octroi had on transport of goods and passengers, karnataka took the lead and abolished octroi. one can take judicial notice of a universal demand for abolition of octroi as an evil. therefore, if tax was enhanced on passenger vehicles to fill in the dent made in the revenues of the state ..... to appreciate what a pernicious influence octroi had on transport of goods and passengers. karnataka took the lead and abolished octroi. one can take judicial notice of a universal demand for abolition of octroi as an evil. therefore, if tax was enhanced on passenger vehicles to fill in the dent made in the revenues of the state .....
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