Court : Madhya Pradesh
Reported in : [2004]137STC269(MP)
..... 3, the state of chhattisgarh, contending, inter alia, that the factory is situated in the district of raipur and the state of chhattisgarh after adopting the law has named it as 'chhattisgarh vanijyik kar adhiniyam'. ..... the state filed its return supporting the action on the foundation that after reorganisation of the state, the state of chhattisgarh has adapted the law and law which is applicable by adaptation would be applicable to the territories situated within the state of chhattisgarh and the notification would not have any applicability to the state of madhya pradesh. ..... --for the purpose of facilitating the application in relation to the state of madhya pradesh or chhattisgarh of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority.85. ..... it is put forth by the said respondent that the benefit of deferment of payment of sales tax is existing in the state of chhattisgarh only and the sales effected in the state of madhya pradesh have become inter-state sales and therefore, the tax is leviable if the sale is effected in other states including the state of m.p. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
..... this compelled the state legislature for amendment of the act during the pendency of the writ petition in the name of chhatisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) sanshodhan, adhiniyam, 2004. ..... than buildings referred to infreedom to make rules for admissions, clause (iii) above) whorth rupes 20 lacssubject to reservation policy of the gov- of as per the norms of regulating podies,ernment in state of chhattisgarh with whichever is higher, and giveregard to admissions of students be- five years equipments, computers,longing to scheduled tribes, scheduled furniture, other mobile and immobilecastes and other weaker sections of so- assets and infrastructure facilitiesciety, decide course ..... contents, method (other than buildings referred to inof teaching and the evaluation of stu- clause (iii) above) worth not less thandents and matters connected thereto; rupees- one crore or as per the norms of(c) to ensure .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)22VST422(P& H)
..... venture's case [2000] 118 stc 306, struck down section 35 of the chhattisgarh vanijyik kar adhiniyam, 1994 requiring deduction of tax at source. ..... aggrieved against the order of assessment the petitioner filed appeal before the deputy excise and taxation commissioner (appeals), who vide order dated september 16, 2004 while accepting the appeal, remanded the case back to the assessing authority for verification of the tds certificates and passing a self-speaking order within 90 days from the receipt of remand order and in case refund is due the same be granted to the petitioner. ..... aggrieved against the order of assessment the petitioner filed appeal before the deputy excise and taxation commissioner (appeals), who vide order dated september 16, 2004 while accepting the appeal, remanded the case back to the assessing authority for verification of the tds certificates and passing a self speaking order within 90 days from the receipt of remand order and in case refund is due the same be granted to the petitioner. ..... aggrieved against the order of assessment the petitioner filed appeal before the deputy excise and taxation commissioner (appeals), who vide ordered dated september 16, 2004 while accepting the appeal, remanded the case back to the assessing authority for verification of the tds certificates and passing a self-speaking order within 90 days from the receipt of remand order and in case refund is due the same be granted to the petitioner. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)5VST260(MP)
..... provisions of vanijyik kar adhiniyam to apply- subject to the provisions of this act and the rules made thereunder sections 3, 26, 27, 28, 29, 30, 31, 32, 33, 38, 39, 40, 42, 43, 45, 46, 47, 49, 50, 51, 52, 53, 54, 55, 56, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 71, 72, 73, 74, 75, 76, 77 & 80 of the 'vanijyik kar adhiniyam' and the rules, orders and notifications issued thereunder shall mutatis mutandis apply to a hotelier in respect of tax levied and payable under this act as if those sections were mutatis mutandis incorporated in this act and the rules orders and notifications issued under those sections were mutatis mutandis issued under the relevant ..... under section 3 that throughout the principal act for the words 'sales-tax act' and 'sales tax officer' wherever they occur, the words 'vanijyik kar adhiniyam' and 'commercial tax ..... sections as so incorporated in this act.this act has been made effective from 24.12.2001 by a notification issued by the state government.7 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(4)MPLJ190
..... 11790/2005 and 14718/2005 the petitioners have challenged the imposition of commercial tax on the sale and purchase of singhada, which they submit is exempted under section 15 of the vanijyik kar adhiniyarn, 1994 (hereinafter referred to as 'the adhiniyam') and specified in the second column of schedule-i at serial number 16.in writ petition no. ..... according to them, they were initially exempted from payment of commercial tax by the respondents on singhada but for the assessment year 2001-2002 they were assessed for commercial tax on it on the ground that 'dry' singhada was not exempted under section 15 of schedule-i of the adhiniyam and, therefore, they were liable to pay commercial tax on sale and purchase of 'dry' singhada. ..... 391 dated 29.1.2004 has clarified that singhada specified in schedule-i related to green (fresh) singhara whereas singhada specified and notified in the list of kirana goods in schedule-ii of the adhiniyam relates to 'dried' singhada.4. ..... 180/central/2004 by the additional commissioner, commercial tax, jabalpur, whereby he has been directed to pay commercial tax on the sale and purchase of singhada for the assessment year 2000-2001.2. ..... 11791/2005 the petitioner has prayed for quashing of order dated 2.l2.2004 annexure p.1 passed in revision no. ..... 391 dated 29-1-2004 is, therefore, of no effect.10. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPLJ126; [2006]145STC639(MP)
..... the state government in exercise of powers conferred under section 80 of the madhya pradesh vanijyik kar adhiniyam, 1994, amended the madhya pradesh vanijyik kar niyam, 1995, vide notification dated july 7, 2004 again substituting rule 4. ..... vanijyik kar adhiniyam, 1994 constituted the 'm.p. ..... vanijyik kar adhiniyam, 1994 ('the act', for short) relates to constitution of tribunals. ..... vanijyik kar niyam, 1995 as amended by notification dated july 7, 2004 was ultra vires articles 14 and 16 of the constitution of india. ..... vanijyik kar niyam, 1995 ('the rules', for short) as it originally stood, provided that the tribunal shall consist of three or more judicial and account members appointed by the state government. ..... (ii) for issuing a writ of quo warranto unseating third respondent from the public office of member, vanijyik kar, madhya pradesh.contentions :7. ..... vanijyik kar niyam, 1995 is rejected. ..... as we have already held that giving effect to a rule in future without affecting the rights anterior to the date of amendment does not amount to giving retrospective effect to the rule, there is no merit in the challenge to the letter dated july 9, 2004 bringing to an end the petitioner's tenure as member of the appellate board. ..... by the first order dated july 9, 2004 the appointment of the petitioner as member of the appellate board was brought to an end with immediate effect on the ground that his age was beyond the maximum age prescribed for a member. .....
Tag this Judgment!Court : Chennai
Reported in : 2008(1)CTC644; (2008)3MLJ325
..... we are also informed that the government of chattisgarh has passed a similar act called, the chhattisgarh niji kshetra vishwavidhyalaya (sthapanaaur viniyaman) santhodhan adhiniyam, 2002 (act 2 of 2002) and chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) sanshodhan adhiniyam, 2004 by which private universities were ..... education act; bar council of india act; private universities act; companies act, 1956 - section 25; constitution of india - article 246; university grants commission (establishment of and maintenance of standards in private universities) regulations, 2003; chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) santhodhan adhiniyam, 2002; chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) (sanshodhan) adhiniyam, 2004cases referred: prof. ..... air2005sc2026 in respect of law course conducted by icfai university, held that neither can directions be issued (1) to state governments concerned (of chhattisgarh and andhra pradesh) to ensure affiliation of students studying in such institutions, nor (2) to university concerned having territorial jurisdiction in the area in which the institutes concerned are situate, to affiliate such institutes, nor (3) to state government of maharashtra to appoint an administrator under maharashtra educational institutions (transfer of management) act 1976 (13 of 1976) such institution(s) situate in maharashtra and ..... . state of chhattisgarh : air2005sc3859 by way of clarification to the judgment in prof .....
Tag this Judgment!Court : Supreme Court of India
..... down that a development plan shall take into account any draft five-year and annual development plan of the district prepared under the madhya pradesh zila yojana samiti adhiniyam, 1995 in respect of the planning area and shall broadly indicate the land use proposed in the planning area; allocate broadly areas or zones of land, keeping in view the regulations of natural hazard prone areas, for residential, industrial, commercial or agricultural purposes; open spaces, parks and gardens ..... and road;iii) paper publications dated 09.06.2008 and 10.06.2008; iv) notice dated 04.08.2008 issued to the objectors;v) note-sheets dated 01.09.2009 and 02.09.2009 of the housing and environment department;vi) letter dated 13.09.2006 sent by respondent no.4 to the principal secretary, housing, letter dated 06.10.2006 issued by the state government for amending memo dated 25.09.2004 and letter dated 02.11.2006 sent by the state government to respondent no.4 for amendment of orders dated 27.01.2006 and 19.06.2006.learned counsel for ..... shri ranjit kumar relied upon sections 3,5 and 6 of the indian trusts act, 1882 and sections 2,4,5,6,8,11,32 and 33 of the 1951 act and argued that intention to create trust was sufficient to enable shri kailash joshi to make applications for reservation and allotment of land in the name of the institute and, in any case, the appellant cannot take advantage of non-registration of the trust up to 6.10.2004 because on the date of actual allotment i.e. .....
Tag this Judgment!Court : Madhya Pradesh
..... in the said decision provisions of the chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) sanshodhan adhiniyam, 2004 were held to be ultra vires the constitution on various grounds. ..... the impugned act which specifically makes a provision enabling a university to have an off-campus centre outside the state is clearly beyond the legislative competence of the chhattisgarh legislature. 15. ..... outside the territorial jurisdiction of the state of madhya ..... it is contended that the respondent no.2, university has been established under the madhya pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignot act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre .....
Tag this Judgment!Court : Madhya Pradesh
..... in the said decision provisions of the chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) sanshodhan adhiniyam, 2004 were held to be ultra vires the constitution on various grounds. ..... the impugned act which specifically makes a provision enabling a university to have an off-campus centre outside the state is clearly beyond the legislative competence of the chhattisgarh legislature. 15. ..... outside the territorial jurisdiction of the state of madhya ..... it is contended that the respondent no.2, university has been established under the madhya pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignot act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre .....
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