Court : Madhya Pradesh
Reported in : AIR2004MP48; 2003(3)MPHT467; 2003(4)MPLJ109
..... certificate of mechanic was submitted before the concerned regional transport authority that the vehicle of the petitioner consists of 4 axles and all the axles are functioning independently. ..... (4) no national permit shall be granted in respect of a multi-axle trailer approved to carry a gross vehicle weight of more than 50 tonnes, which is more than 25 years old at any point of time, the period of 25 years being computed from the date of initial registration of the said trailer.explanation:--for the purpose of this rule, 'multi-axle trailer' means a trailer having more than two axles.'12. ..... be deemed to be invalid from the date on which a goods carriage covered by the permit complete fifteen years in case of a multi-axle goods carriage and (twelve years) where the vehicle is other than a multi-axle goods carriage, unless such goods carriage is replaced.explanation :-- for the purpose of this rule, the period of (twelve years) or fifteen years, as the case may be, shall be computed from the date of initial registration of the motor vehicle covered under its permit or the prime mover in case ..... rawat, learned counsel for petitioner, has strenuously submitted that the authority has clearly erred in law in holding the vehicle is not multi-axle vehicle. ..... this condition was imposed as per section 88 of the motor vehicles act, 1988 (hereinafter referred to as 'the act'). .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ228
..... the findings were that the marpeet was not pre-planned; it developed suddenly as a result of some abuses and that the marpeet took place near the second gate of the accused and not in front of the cycle stand of the complainant. ..... 'all the decisions of this court which have been referred -to and discussed above, show that when the court has believed the prosecution witnesses as convincing and trustworthy, the court overrurled the contention of the accused that as the prosecution had failed to explain the injuries sustained by the accused in the same occurrence, the prosecution case should be disbelieved and the accused should be acquitted. ..... it was further found that accepting the defence version that it was the complainant's party which started abusing the appellant's party as a result of which a sudden fight developed in front of the second gate of the appellant's cycle stand. ..... thus, it is not the law or invariable rule that whenever the accused sustains an injury in the same occurrence, the prosecution has to explain the injuries failure of which will mean that the prosecution has suppressed the truth and also the origin and genesis of the occurrence..........we may assume that he (hare krishna singh) sustained a bullet injury in the same occurrence. ..... the accused in such a case could be convicted only for the injuries caused by him for his individual acts. ..... thus, motilal and ram kinker allegedly acted in self-defence. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ416
..... it may further be noticed that the persons or bodies who have legal authority to determine questions affecting the common law or statutory rights or obligations of other persons or bodies who are entrusted by the legislature with functions, powers and duties which involve the making of decisions of a public nature, may fall within the ambit of the expression 'state' as envisaged under article 12 of the constitution of india. ..... the circulars, therefore, in our opinion, cannot per se be deemed to have the effect of extending the benefits of reservation to the establishment of a co-operative society, registered under the co-operative societies act, especially when there is nothing to indicate that in the exercise of jurisdiction vesting in the provisions contained in the m.p. ..... co-operative societies act, within the ambit of the aforesaid circulars on the strength of the expression 'etc. ..... co-operative societies act cannot be put at par with the public sector undertakings or a legal body and the expression 'etc. ..... co-operative societies act, any recognition has been granted under any rule framed thereunder to such a policy relating to reservation.20. ..... co-operative societies act also.11. ..... co-operative societies act, 1960. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ693
..... - (1) any person aggrieved by the state government or other authority in exercise of the powers conferred on it by the act or these rules may, within three months of the date of communication of the order to him apply to the central government in triplicate in form n for revision of the order. ..... section 30 of the mines and minerals (regulation and development) act, 1957 (hereinafter referred to as 'the act') provides for power of revision to the central government. ..... it will be easily appreciated that this should indeed be so for the interests of national mineral development clearly require in the case of major minerals, that the mining lease should be given to that applicant who can exploit it most efficiently. ..... shri chitale appearing on behalf of the petitioner submits that under section 30 of the act, a revision is maintainable only when an order is passed by the authority. ..... the central government may, of its own motion or on application made within the prescribed time by an aggrieved party revise any order made by a state government or other authority in exercise of the powers conferred on it by or under this act.6. ..... we think that the sooner such an impression is corrected by a statutory amendment the better it would be for all concerned. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
..... by virtue of the amendment, the nomenclature of the act has been changed to read as the madhya pradesh ashaskiya shikshan sanstha (anudan ka pradaya) adhiniyam, 1978 and by virtue of section 7 of the amendment act, the amended nomenclature shall be substituted wherever they occur inthe schedule to the principal act. ..... it is not the object of the authority making the law impairing the right of the citizen nor the form of action taken that determines the protection he can claim; it is the effect of the law and of the action upon the right which attracted the jurisdiction of the court to grant relief. ..... of course, the magnitude and content of the components of this right would depend upon the extent of the economic development of the country, but it must in any view of the matter, include a right to the basic necessities of life and also the right to carry on such functions and activities as constitute the bare minimum expression of the humanself.'68. ..... the state government has taken the plea of development to bring the amendment but as an actual fact it is not a step towards progression but a step towards regression. ..... right to education is equally guaranteed to the children who are above the age of fourteen, but they cannot enforce the same unless the economic capacity and development of the state permits the enforcement of the same. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... under section 131(1a) can be only exercised after recording satisfaction for search and seizure under section 132(1) would render, nugatory the substitution of and incorporation by the amendment act, the four categories of officers under section 131(1a), namely, director general, director, deputy director and assistant director (investigation) apart from the authorised officers, as the effect of this interpretation of the petitioners could have been squarely met by retaining the word 'authorised officers' in section 151(1a) omitting the four categories of other authorities ..... learned counsel for the respondents in the same breath, while raising the question of territorial jurisdiction of this court, developed the argument relating to the question of jurisdiction of convenience for ouster of territorial jurisdiction of this court, which argument centres round the fact that the investigation wing of income-tax department, which is looking into the allegations, relating to the hawala money and its investment in the house, is at delhi and the starting point for investigation/enquiry is by virtue of the order of the supreme court dated january 30, 1996, passed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP205; I(1992)DMC96; 1991(0)MPLJ625
..... the marriage is in contravention of the conditions specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or to any material fact or circumstance concerning the ..... under section 12 of the act, the reason being obvious, that nullification or avoidance of marriage at the first available opportunity on the ground of mental illness of the other party is with a purpose to permit the aggrieved party to rejet as unfit the other marriage partner who is disqualified at the time of marriage compared to the above seeking of relief of divorce on the ground of mental unfitness may be on the basis of a subsequent event of the opposite party developing unsoundness of mind or mental ill health after the marriage and the degree of mental ..... be that all the principles of law of contract may not apply with all their rigour to a contract of marriage; but there can be no reason as to why the fundamental principle so well known in the law of agency, namely qui facit per alium facit per se, that is, he who acts through another acts himself, shall not apply where, as here, the petitioner has held out his father as the authority to finalise the negotiation and to select the bride and has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP65
..... 1977, the central government, acting under section 18aa of the industries (development and regulation) act, 1951, authorised the madhya pradesh state textile corporation to take over the management of the whole of the mill for a period of five years. ..... the central government on 2nd january 1982 sent a communication to the petitioner-company that the government came to the conclusion that conditions requisite for the making of the order of take over did exist and that the take over was justified in the facts and circumstances of the case.the petitioners then amended the petition for challenging the communication dated 2nd jan. ..... arlidge, (1915) ac 120 (hl), which is leading authority on the point, it was held by the house of lords that an order passed by the minister, who was head of the local government board, in an appeal, which required a quasi-judicial procedure, could not be set aside on the ground that the enquiry in relation to the appeal was not made by and the hearing was not given by the minister but by an official of the board. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(3)MPHT418
..... . tankha, learned senior counsel for the petitioners submitted that since the petitioners have not challenged in the present batch of writ petitions the ninety third constitution amendment inserting article 15(5) of the constitution, the petitioners are not in a position to challenge the reservation provisions in the act, 2007, in the 2008 rules and in the 2009 rules ..... fees that it proposes to charge from the candidates seeking admission taking into account all the cost components, the reasonable surplus required for growth and development and other factors relevant to impart professional education as mentioned in section 9 (1) of the act, 2007 and the function of the committee is only to find out, after giving due opportunity of being heard to the institution as provided in section 9 (2) of the act, 2007 whether the fees proposed by the institution to be charged to the student are based on the factors mentioned in section 9 (1) of the act, 2007 and did ..... . the contention on behalf of the petitioners is that section 5 of the act, 2007 is clear that eligibility for admission to the private unaided professional educational institution shall be such as may be notified by the 'appropriate authority' and 'appropriate authority' has been defined in section 3 (a) of the act, 2007 to mean a central or state authority established by the central or the state government for laying down norms and conditions for ensuring standards of professional education .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP159; 2005(2)MPHT410; 2005(2)MPLJ262
..... was resolved by indore development authority that the persons who are actually keeping the gumtis and are carrying the business there the shops will be allotted to ..... that case, the indore development authority resolved a resolution to construct the shops by removing the gumtis which are built on the land of municipal ..... the action of indore development authority was challenged by the petitioner on the ground that the land was allotted to him and ..... the indore development authority ..... thus in order to ascertain whether the transaction is a lease or licence, the following propositions may, therefore be taken as well established : (1) the substance of the document must be preferred to the form; (2) the real test is the intention of the parties whether they intended to create a lease or a licence; (3) if the document creates an interest in the property, it is a lease; but, if it only permits another to make use of the property, of which the legal possession continues with the owner, it is a licence; and (4) if under the document a party gets exclusive possession of the property, prima facie, he is considered to be ..... besides, the high court was wrong in not giving to the appellants the benefit of section 5 of the limitation act because there was conflict of decisions regarding this question not only in the high court of the state but also among the different high courts ..... the plaintiff thereafter by amendment prayed for the allotment of shop, the possession of which has been given to defendant .....
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