Court : Madhya Pradesh
Reported in : AIR1999MP143
..... discontinuance, where the requisitioning consumer was not himself the consumer of the supply at the time ..... by sub-section (1) an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with - (i) 'the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), for the supply of energy to any person, or (ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the date of its discontinuance, or (iii) any requisition for the resumption of supply of energy made within six months of its ..... in order to appreciate the controversy involved, it will be relevant to mention various provisions of the indian electricity act, 1910, electricity (supply) act, 1948, regulations and terms of the agreement framed thereunder. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ648
..... dis-continuance, where the requisitioning consumer was not himself the consumer of the supply at the time ..... by sub-section (1) an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with-(i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), for the supply of energy to any person, or(ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the date of its discontinuance, or(iii) any requisition for the resumption of supply of energy made within six months of its ..... in order to appreciate the controversy involved, it will be relevant to mention various provisions of the indian electricity act, 1910, electricity (supply) act, 1948, regulations and terms of the agreement framed thereunder. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1985)48CTR(MP)382; [1985]154ITR236(MP)
..... in the occupation of such ruler during the relevant previous year shall be exempt from ..... value of any one palace in the occupation of a ruler, being a palace, the annual value whereof was exempt from income-tax before the commencement of the constitution (twenty-sixth amendment) act, 1971, by virtue of the provisions of the merged states taxation concessions) order, 1949, or the part b states (taxation concessions) order, 1950, or, as the case may be, the jammu and kashmir (taxation concessions) order, 1958 : provided that for the assessment year commencing on the 1st day of april 1, 1972, the annual value of every such palace ..... in this reference, we are concerned with the language of section 10(19a) of the income-tax act, as amended by the rulers of indian states (abolition of privileges) act, 1972. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ709
..... the appellant opposed the application contending that the gazette notifications relate to the period before the transfer of services of the respondent to mpeb, which show the placement of the respondent in the gradation list, the pension related to the share of the government for the period of services rendered by the respondent in the electricity department of the government of madhya pradesh. ..... 27 of 1983) and sections 20-a and 20-aa were omitted by this amendment act; chapter iii-a was inserted, whereby for specified categories of landlords a jurisdiction was vested in the rent controlling authority. ..... the plaintiff/respondent on 11-3-1982 instituted a suit and claimed a decree for eviction under section 20-aa, which was inserted in the act from 7-4-1981, by m. p. ..... before dealing with the question involved it will be useful to reproduce the relevant provision which came into force from 7-4-1981: -'20-aa. ..... 230/be/w, dated 1-12-1981, as required under section 20-aa of the act, issued by the controlling officer, shri v. k. ..... rajaram, (1981) 2 scc 66, supreme court observed that the food corporation of india cannot be said to be a government department. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ936
..... the levy of penalties with retrospective effect is also violative of article 19(1)(f) and (g) of the constitution; andxx xx xx xx'the supreme court considered the question of retrospective levy of penalty and observed as under :-'we shall now proceed to consider the question whether by reason of retrospective effect having been given to sub-section (2a) of section 9 of the act insofar as penalties are concerned by enacting section 9 of the amending act parliament has contravened article 20(1) of the constitution. ..... that the provision giving retrospective effect to sub-section (2a) of section 9 of the act and the provision validating all the penalties levied prior to the coming into force of the amending act are violative of clause (1) of article 20 of the constitution;4. ..... it may be relevant to notice that sub-section (2a) of section 9 of the act specifically refers to certain acts and omissions which are offences for which a criminal prosecution would lie and the provisions relating to offences have not been given retrospective effect by section 9 of the amending act. ..... the amending act also contained a validating provision declaring that the provisions of section 9 as so amended would have effect and should be deemed always to have had effect in respect of the intervening period.12. ..... 33 of 1981. ..... this was decided on 18th september 1981. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP235; 2000(3)MPHT355; 2000(2)MPLJ514
..... we have also kept in mind the interpretation of the amendment to the act, brought vide amendment act of 1981 (act no. ..... been killed in action and the premises let out by such member are required for the residence of the family of such member, such person or, as the case may be, the dependent may, within one year, from the date of his release or retirement from such armed forces or, as the case may be, the date of death of such member, or within a period of one year from the date of commencement of the delhi rent control (amendment) act, 1988, whichever is later, apply to the controller for recovering the immediate possession of such ..... it may, therefore, be considered whether the aforesaid interpretation is in accord with the object and purpose of the act, as regards the object, chapter iii-a was inserted into the act by the amending act of 1983, which has the following as its statement of objects and reasons; 'to provide a special forum for expeditious disposal of eviction proceedings filed by the landlords in general on the ground of bona fide use'. ..... ross was a member of indian army and the disputed house belonged to his mother-in-law who gifted the same to her daughter after retirement of his son-in-law. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1998)IIILLJ709MP; 1996(0)MPLJ777
..... to give an appropriate relief in case of discharge or dismissal of employee -where the industrial dispute relating to the discharge or dismissal of an employee has been referred to a labour court or the industrial court for decision under any of the provisions of this act and the course of the proceedingthe labour court or the industrial court, as the case may be, is satisfied that the order of discharge or dismissal is not justified, it may, set aside the order of discharge or dismissal and direct reinstatement of the employee on such terms and conditions, if any, as it thinks fit ..... rajyapatra dated december 30, 1981 was not retrospective in operation which gives power to labour court and industrial court to give appropriate relief in case of discharge or dismissal of employee, if the labour court or industrial court, is satisfied that on the charges proved in the domestic enquiry dismissal or discharge is not justified, it may set aside the order of discharge or dismissal and direct reinstatement of the employee on such terms and conditions, if any as it thinks fit or give such other relief to the employee including the award of lesser ..... 43 of 1981 published in m.p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ259
..... 128, decided by a division bench; in spite of the explanation inserted in section 141 by the civil procedure code (amendment) act, 1976, the salutary principles enshrined in the civil procedure code governing the trial of civil suits may be applied to the proceedings excepting the cases of habeas corpus petitions under article 226 of the constitution of india. ..... even if in the absence of direct proof the circumstances which are established are equally consistent with the allegation of the plaintiff as with the denial of the defendants, the plaintiff again fails, for the very simple reason that the plaintiff is bound to establish the affirmative of the proposition; 'ei qui affirmat non ei qui negat incumbit probatio' which indicates that if the evidence establishes only that the accident was possibly due to the negligence to which the plaintiffs seek to assign it, their case is not proved. ..... this court in its decision in the case of the 'ad hoc' committee, the indian insurance company association pool v. ..... state of rajasthan reported in air 1981 sc 625 as well as the decision of the apex court in the case of kadra pahadiya v. ..... state of bihar, reported in air 1981 sc 939. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1985]155ITR629(MP)
..... act, which relates to any one building in the occupation of a ruler, being a building which immediately before the commencement of the constitution (twenty-sixth amendment) act, 1971, was his official residence by virtue of a declaration by the central government under paragraph 13 of the merged states (taxation concessions) order, 1949, or paragraph 15 of the part b states (taxation concessions) order, 1950.3. ..... the petitioner after the riling of the returns has submitted a rejoinderaffidavit dated february 8, 1984, enclosing therewith the copy of the registered sale deed dated june 22, 1976 (annexure-k), along with the enclosures including the map, copy of his reply dated september 21, 1981 (annexure-l) and copy of the reply dated april 7, 1980 (annexure-m), received from the municipality of ratlam by the purchasers of the sale deed (annexure-k).7. ..... the petitioner has, therefore, filed the present petition to quash the notice dated november 27, 1981, annexure-h, issued under section 17 of the w.t. ..... 1 before issuing the notice recorded the reasons on november 27, 1981 (annexure-aa), which have been furnished to this court along with the returns. ..... act, annexure-h dated november 27, 1981, by respondent no. ..... ito : [1981]128itr450(mp) smt. ..... thereafter by annexure-h dated november 27, 1981, respondent no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998(2)MPLJ698
..... a proviso may serve four different purposes (1) qualifying or excepting certain provisions from the main enactment; (2) it may entirely change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable; (3) it may be so embodied in the act itself as to become an integral part of the character and thus acquire the tenor and colour of the substantive enactment itself; and (4) it may be used merely to act as an optional addenda to the enactment with the sole object of explaining the real intendment of the statutory provision.18. ..... after substitution of clause (iii) by act 24 of 1981, the state government vide notification no. ..... it did not choose to amend the proviso as according to the government, it was not required to be deleted or amended. ..... the law has been amended and in view of the judgment of the supreme court reported in frank anthony public school v. ..... the moot question for consideration now is whether the amended clause (iii) of section 6(a) of the 1978 adhiniyam would still not be applicable to the minority institutions.11. ..... learned counsel submits that even after amendment, clause (iii) with its proviso would not be applicable to a minority institution. .....
Tag this Judgment!