Court : Madhya Pradesh
Reported in : AIR1977MP74; 1977MPLJ74
..... dhan parichalan skeem (pratishedh) sanshodhan adhiniyam, 1975, the effect of which is that a person conducting a money circulation scheme on the date of the commencement of the act, that is, august, 1, 1975, may continue to conduct the scheme for such period as may be necessary for the winding up of the business relating to the scheme, provided he furnishes particulars of the scheme and does not start new business by enrolling new members. ..... the conduct of a chit business may be broadly stated thus: the person who organizes the chit business is called 'stakeholder' or 'foreman'. ..... commission has observed that it was essential to have a uniform chit fund legislation applicable to the whole country to regulate chit funds (vide pages 428, 17 and 43 of the report).the said recommendations of the banking commission to formulate a model law to regulate the chit fund business to be adopted by all states have already been accepted by the government of india and the reserve bank of india, according to the directions given by the government of india, is taking steps to prepare a model chit fund law vide news .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1986CriLJ1976
..... in bikash narayan 1984 cri lj 81, the question which has fallen for our determination in these two cases was squarely faced and answered by the court, saying that confirmation of a detention order passed under the act for a period of twelve months, without any indication at all in the record as to why the maximum period visualised by the act was considered necessary, must be regarded as emanating from non-application of mind to relevant facts and that the exercise of the power under section 12(1) in that manner ..... our attention was also drawn to the relevant records to support the submission that the state government, while passing the order under section 12(1) of the act to 'confirm' the detention order in either case, acted mechanically and continued detention of the petitioners for the maximum period of twelve months envisaged under the act.6. ..... roy, their lordships took care to observe that 'wanton abuse' of the provision of section 3(2) of the act must be eschewed and hinted the possibility of such a situation occurring because of the expression 'maintenance of supplies essential to the community', which the section uses, was too vague and uncertain and was, therefore, capable of expansion in a cavalier fashion. ..... on a priori consideration, the apex court must have the final say in the matter: interpretation of any statutory provision of law in its judgment by the apex court operates in rem; it binds all organs of the state (including judiciary) and also all citizens. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987CriLJ348
..... of money or other movable property, it shall be sufficient to specify the gross sum or, as the ease may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular item or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219:provided that the time included between the first and last of such dates shall not ..... conceivable that in some cases by making the charge too vague in the matter of the time of the commission of the offence an accused person may substantially be deprived of an opportunity to make a defence of alibi, and so, the criminal courts naturally take the precaution of framing charges with sufficient precision and particularly in order to ensure a fair trial, but we do not think it would be right to hold that a charge is invalid solely for the reason that it does not specify the particular date and time at which any ..... it is true that as pointed out in gurbachansingh's case air 1937 sc 623 : 1957 cri lj 539 in judging a question of prejudice, as of guilt, the courts.must act with a broad vision and look to the substance and not to technicalities. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ104
..... , cannot be supported on the basis of additional reasons and resort to power contained in sub-section (2) of section ..... in the case before us, however, the impugned notification (annexure-m) which is based on the notification dated 19-7-1991 (annexure-h) has been expressly issued in exercise of power under sub-section (3) of section 3 of the act, stating therein the reason for change of membership of the commission, to be one that the terms and conditions offered by justice ramalingam after his retirement have not been found acceptable to the government the above notification making a change in the membership of the commission, expressly issued under section 3(3) of the act and for the reason stated therein .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ309
..... a member already, shall also be entitled and required to become a member from the beginning of the month following that in which he completes six months' continuous sendee or has actually worked for not less than 60 days within the period of three months or less in that factory or other establishment or in any factory or establishment to which the act applies under the same employer, or partly in one and partly in the other or has been declared permanent in any such factory or other establishment whichever ..... the supreme court observed that employment of a few persons on account of some emergency or for a very short period necessitated by some abnormal contingency which is not a regular feature of the establishment and which does not reflect its business prosperity or its financial capacity and stability from which it can be inferred that the establishment can, in the normal way, bear the burden of contribution towards the provident fund under the act would not be covered by the act. ..... number of persons to be considered to have been employed by an establishment for the purpose of the act has to be determined by taking into account the general requirements of the establishment for its regular work which should also have a commercial nexus with its general financial capacity and stability. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ645
..... this revision is preferred against the framing of charge by the special judge, raipur under section 3(1)(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 by order dated 19-12-1994.2 ..... the words of abuse attributed to the applicant by dharampal and ashok phutane against the complainant are only 'idiot' and 'nonsense' which have no reference to the community and from those words it cannot be inferred that the intention or intimidation are with reference, to the community to which the complainant belongs.4 ..... on the complaint sent by the said mchra to the hon'ble minister, tribal welfare department, bhopal which was sent to the collector, raipur for necessary action, the police have investigated into the case. ..... this, however, does not preclude the prosecution from prosecuting the applicant under the general provisions of penal code, if any.cc be given on usual ..... the act is a special enactment intended to punish atrocities against members of scheduled castes or scheduled tribes and section 3(1)(x) is attracted only when the alleged insult or intimidation is with intent to humiliate a member belonging to that particular community with reference to the community ..... hence criminal revision is allowed and charge under section 3(1)(x) of the act is set aside. ..... section 3(1)(x) of the act is applicable when a person intentionally insults or intimidates with intent to humiliate a member of scheduled castes or a scheduled tribe in any place within public view .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998CriLJ4437
..... , or(iv) was committed by a person in the service of the central government while acting or purporting to act in the discharge of his official duty, and the prosecutor in charge of the case has not been appointed by the central government, he shall not, unless he has been permitted by the central government to do so, move the court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the prosecutorto produce before it the permission granted by the central government to withdraw from the prosecution.on a bare perusal of the aforesaid provision it is luminously ..... chandal lal air 1976 sc 370 : (1976 cri lj 328) wherein their lordships observed that reasons to grant permission should not be accepted as a necessary formality, for the mere asking but the court must be satisfied on the material placed before it that the grant of permission would serve the administration of justice and that permission was not sought with an ulterior purpose unconnected with vindication of the law which the executive organs are in duty bound to further and maintain.10. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... (4) the offices of the chairpersons in the panchayats at the village or any other level shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provides :provided that the number of offices of chairpersons reserved for the scheduled castes and the scheduled tribes in the panchayats at each level in any state shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as the population of the scheduled castes in the state or of the scheduled tribes in the state bears ..... before taking up the various grounds urged to assail the so called excess reservations of seats for the reserved categories and women, it is necessary to mention the provisions of the constitution, the act of the parliament and the state legislature under which the reservation of seats for reserved categories and women have been permitted.7. ..... (2) nothing in this part shall apply to--(a) the states of nagaland, meghalaya and mizoram;(b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... as broadly speaking they belong to such category of persons as hawkers, farm labourers, washerman, blacksmith etc. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT115
..... after making a thorough and detailed investigation and after obtaining the sanction from the state of madhya pradesh against the public servants, charge-sheet has been filed under sections 13(1)(d), 13(2) of the prevention of corruption act, 1988 read with section 120b, ipc and in the alternative sections 5(1)(d), 5(2) of the prevention of corruption act read with section 120b, ipc. ..... after going through the charge-sheet and the statements recorded under section 161 and the documents collected by the prosecution, it is prima facie clear that on the basis of the aforesaid material there is a prima facie case against all the accused persons/petitioners for framing of charge under section 120b, ipc read with sections 13(1)(d), 13(2) of the prevention of corruption act, 1988. ..... 1 of 1999 by the learned special judge (under prevention of corruption act) and first additional sessions judge, shajapur by which charges have been framed against all 63 accused persons under sections 13(1)(d), 13(2) of the prevention of corruption act, 1988 read with section 120b of the ipc and in the alternative sections 5(1)(d), 5(2) of the prevention of corruption act read with section 120b, ipc.3 ..... these revision petitions, seven in number, filed on behalf of the various petitioner/accused persons, against the order dated 28th march, 2000 passed by the learned special judge (under corruption act) and first additional sessions judge, shajapur, are heard analogously and being disposed of by a common order.2 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP266; 2002(4)MPLJ110
..... it is also putforth that under the provisions of the act no bye-law should be made which is inconsistent with the act but the amendment runs counter to the various provisions of the act and, therefore, the said amendment deserves to be declared as ultra vires. ..... it is setforth that a complaint was made by the general secretary of the petitioner-society to the conciliation officer under the provisions of the industrial disputes act, 1947 for intervention. ..... it is pleaded in the petition that the state government in pursuance of the provisions of the act established various krishi upaj mandis in the state of madhya pradesh and the krishi upaj mandi, satna is one of them. ..... reserve bank of india, (1999) 1 jt (sc) 524 : (air 1999 sc 1149) the apex court while interpreting the word 'after' used in section 6 of hindu minority and guardianship act, 1956 held that the mother could be the guardian in absence of the father. 15. ..... krishi upaj mandi adhiniyam, 1972 (hereinafter referred to as 'the act') and further to quash the resolution of the krishi upaj mandi dated 29-4-2000, annexure p-12, as illegal, discriminatory and arbitrary and to pass such order/orders as may be warranted in the facts and circumstances of the case. 2. ..... fact limited, air 1991 kerala 129, female candidates therein were not afforded opportunity to write in the internal examination on the basis of certain restriction in working hours of women by section 66 of factories act as restriction was founded on the backdrop of sex. .....
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