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Asit Kumar Sen Gupta Vs. State of Chhattisgarh

Court : Chhattisgarh

..... criminal appeal, the appellant has called in question his conviction and sentence under section 124-a of the ipc; under sections 8 (1), 8 (3) and 8(5) of the chhattisgarh vishesh jansuraksha adhiniyam, 2005 (for short the act of 2005') and under section 18 and 39(2) of the unlawful activities (prevention) act, 1967 (for short `the act of 1967') as amended by the act of 2004 ..... ipc; under sections 10 (a), 18, 20, 21, 38 (2), 39 (2) of the act of 1967 and under sections 8 (1), (2), (3) and (5) and in alternative under section 8(1), (2), (3), (5) of the act of 2005 read with section 120-b of the ipc were framed against the appellant, however, the appellant has been acquitted of the charges under sections 121-a and 123 of the ipc (para-30 of the judgment), section 10(a), 20, 21, 38(2) of the act of 1967 (para 31 and 32 of the judgment) and section 8(2) of the act of 2005 (para-33 of the judgment) and has been convicted for the offences mentioned in para-1 of this judgment. 7. ..... since the offence under sections 8(1), 8(3) and 8(5) of the act of 2005 and under sections 18 and 39 (2) of the act of 1967 relates to a banned organization or terrorist organization and the nature of evidence required to prove the said charges are similar, this court shall deal with and consider the sustainability of the conviction for the said offences ..... description of an incident which took place at errabore camp in the naxal affected area of dantewada in chhattisgarh in the morning of 9th july, 2007. .....

Than Singh and ors. Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR2005MP170; 2005(2)MPLJ353

..... to appreciate the controversy in proper perspective it is seemly to state that madhya pradesh panchayat raj (sanshodhan) adhiniyam, 2001 was enacted by the state legislature and received assent of the governor on 21-1-2001 and published in the madhya pradesh gazette (extra-ordinary) on 22-1-2001. ..... what emerges out of the aforesaid discussion is that challenges raised by the petitioners against the provisions of panchayat (sanshodhan) adhiniyam, 2001, do not rest on sound footing, therefore, they are liable to be rejected. ..... panchayat raj adhiniyam, 1993 and panchayat (sanshodhan) adhiniyam, 2001, would clearly demonstrate that challenges against the validity of some of sections raised by the petitioners have no substance. ..... the statutory provisions enumerated above, look after this requirement, they do not destroy the existence and utility of gram panchayat which performs distinct functions kept apart by section 49 of the panchayat (sanshodhan) adhiniyam, 2001 and section 49-a of the m.p. ..... , (2005) 1 scc 394 :--'39. .....

Dr. Prakash So. Shri S.K. Joshi Vs. State of Madhya Pradesh and Others

Court : Madhya Pradesh

..... however, we observe that the petitioners belonging to a class other than the class of employees of ida, cannot legally insist to seek allotment of plot at such rate, more so, because minimum rate prescribed in the advertisement relating to the plots claimed by the petitioners are different and the counter offers received by them pursuant to the boards resolution were not accepted by them. 15. ..... further, the ida has no right or power to reject the tenders of the petitioners and issue offer letters at a higher rate than the rate quoted by the petitioners because the same was admittedly above the minimum rate mentioned in the advertisement. ..... accordingly, we hold that the ida was well justified in giving counter offers, in the facts and circumstances of the writ petitions in hand, to the highest tenderers, including the petitioners and the same did not amount to rejection of tenders. ..... ida, instead of accepting the tender, issued letters to the petitioners in the nature of counter offer, intimating thereby that the board of ida has decided to give the aforesaid plot at the rate quoted above in column no.7. ..... the offer of the respondents is specific inasmuch as it has been clearly stated that after considering all the tenders and the relevant factors, it was found that minimum price of the land in the area in question was more than the prescribed rate. .....

Durg Sahkari Vipnan Samiti Maryadit and ors. Vs. State of Chhattisgarh ...

Court : Chhattisgarh

Reported in : AIR2007Chh120

..... societies ultra vires and further directed that only those' out of other co-operative societies can be allotted fair price shops under the order 2004 which are permitted under the chhattisgarh co-operative societies act, 1960 (for short, 'the act, 1960') or chhattisgarh swayatta sahakarita adhiniyam, 1999, to run the fair price shops, but the state vide amendment did not rectify the defect in toto, on the other hand, imposed a ceiling of maximum of three shops to be allotted to any authorized agency.5. ..... for appreciating the validity of policy adopted by the government and directions 'issued by the concerned authorities in furtherance thereof, relevant portion of the decision, circulars are extracted as below:relevant portion of meeting dated 8-11-2005 reads as below:(vernacular matter omitted....ed. ..... on 8-11-2005 a meeting under the chairmanship of secretary, department of food and civil supplies, was convened wherein it was deliberated that where all kinds of institutions would fall including the chhattisgarh state civil supplies corporation (for short, 'the corporation'), then such lead agencies' work may be got executed by the marketing co-operative societies and by no other societies. ..... the commissioner of excise issued a circular letter dated 14-2-2005 which power evidently he did not possess in terms of section 7 of the act. ..... 445/2005, declared some of the provisions as ultra vires and also issued certain directions. .....

Sermen (India) Road Makers Pvt. Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2005(3)MPHT292

..... (2) notwithstanding anything contained in sub-section (1), where no proceeding has been commenced at all before any court preceding the date of commencement of this act or after such commencement but before the commencement of madhya pradesh madhyastham adhikaran (sanshodhan) adhiniyam, 1990, a reference petition shall be entertained within one year of the date of commencement of madhya pradesh madhyastham adhikaran (sanshodhan) adhiniyam, 1990 irrespective of the fact whether a decision has or has not been made by the final authority under the agreement.'7. ..... madhyastham adhikaran (sanshodhan) adhiniyam, 1990 (act no. ..... -- (1) the tribunal shall not admit a reference petition unless--(a) the dispute is first referred for the decision of the final authority under the terms of the works contract, and(b) the petition to the tribunal is made within one year from the date of communication of the decision of the final authority :provided that if the final authority fails to decide the dispute within a period of six months from the date of reference to it, the petition to the tribunal shall be made within one year of the expiry of the said period of six months. ..... , 2005 air scw 536, has ruled thus :--'a case is only an authority for what it actually decides, and not what logically follows from it. .....

Shiv Nath Prasad Vs. Saran Pal Jeet Singh Tulsi and ors.

Court : Supreme Court of India

Reported in : 2008(56)BLJR992; [2008(116)FLR552]; [2008(1)JCR203(SC)]; JT2008(1)SC630; (2008)1MLJ1202(SC); 2008(1)SCALE250; (2008)3SCC80; 2008(1)LC255(SC)

..... this act came in 1994, but there was no consequential provision for providing the seniority, therefore, they further framed the rules, known as madhya pradesh lok seva (anusuchit jatiyon, anusuchit jan jatiyon aur anya pichhade vargon ke liye arakshan) sanshodhan adhiniyam, 2002, and this came into force by the notification issued on 13.5.2002 by the state government. ..... at that time, the circular of the government of 1975 was in force and as per that circular of the government, incumbent was not entitled to the seniority on account of his accelerated promotion against the reserved quota, as per the circular of 1975 as quoted above, he was only entitled to the accelerated promotion but not the seniority; therefore, in this view of the matter, we are of the opinion that the view taken by the division bench of high court is correct and no interference is warranted in the present case. ..... prior to that the state government had already framed the act known as madhya pradesh lok seva (anusuchit jatiyon, anusuchit jan jatiyon aur anya pichhade vargon ke liye arakshan) adhiniyam, 1994. .....

Rai University Vs. State of Chhattisgarh and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3859; JT2005(8)SC163; (2005)7SCC330

..... clause (5) of statute 27(a) of the statute reads as under :'notwithstanding anything contained in the statutes, ordinances and regulations made by any of the existing state university (esu) under the provisions of the chhattisgarh vishwavidyalaya adhiniyam 1973 (no. ..... kshetra vishwavidyalaya regulatory commission had sent a letter on 23rd march, 2005 to the sponsoring body of an erstwhile university, wherein the following decision of the government of chhattisgarh was communicated :'as you are the chairman of the sponsoring body of one of the universities mentioned above, it is our duty to inform you, that in case you are running any off campus/study center in or around delhi in the ncr, you may immediately approach the guru gobind singh indraprastha university, delhi for granting affiliation, to such off ..... 'the study centers of erstwhile rai university which are outside the state of chhattisgarh may take appropriate steps for their affiliation in the light of the clarification made above and the letter dated 23rd march, 2005 of the chairman of chhattisgarh niji kshetra vishwavidyalaya regulatory commission.11. .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... in this act or the rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,-(a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited;(b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or any other officer, as the case may be, being the licensing authority, to hold ..... received from general public including people's representatives considering the performance of dance in mind in eating houses, permit rooms or beer bars throughout the state.the following calling attention motion was tabled on 30th march, 2005 by shri vivek patil (panvel):the action to be taken by the government, measures and government's view on the damages caused to the number of families due to bars, started from last few months in the raigad district at panvel, khanda colony, kon, bhingari, new panvel, khalapur, pen .....

Allahabad College of Engineering and Management Through Its Co-ordinat ...

Court : Allahabad

Reported in : 2005(4)ESC2298

..... a number of study centres all over the country it became imperative for the chancellor to pass such an order under section 68 of the act particularly when the universities did not respond at all to the communication dated 16th april, 2005 sent by the chancellor to all the universities seeking information regarding the running of the study ' centres; that none of the universities have framed ordinances including the rohilkhand university; that in the absence of any provision in the act or the statutes of the university for establishing the study centres it was not permissible ..... 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.' 50. ..... dhawan has also drawn the attention of the court to certain other provisions of the act which have effect outside the state of chhattisgarh and thereby give the state enactment an extra territorial operation. ..... section 3(7) says that the object of the university shall be to establish main campus in chhattisgarh and to have the study centres at different places in india and other countries. .....

R.P. Senghal Vs. the State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2005(2)MPHT163; 2005(2)MPLJ68

..... madhyastham adhikaran (sanshodhan) adhiniyam, 1990 came into force from 24-4-1990. ..... in proper perspective it is seemly to refer to section 7-b (1) of the act which reads as under :--'(1) the tribunal shall not admit a reference petition unless :--(a) the dispute is first referred for the decision of the final authority under the terms of the works contrary, and(b) the petition to the tribunal is made within one year from the date of communication of the decision of the final authority: provided that if the final authority fails to decide the dispute within a period of six months from the date of reference to it, the petition to the tribunal shall be made within one ..... year of the expiry of the said period of six months .....