Judgment Search Results Home > Cases Phrase: trade unions act 1926 chapter i preliminary Court: madhya pradesh Page 3 of about 49 results (0.341 seconds)

Ashok Kumar Tripathi Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 2000(2)MPHT193

..... shrivastava, on behalf of the state shri v.k. tankha learned advocate general and on behalf of union of india learned counsel shri satish agnihotri gave separate replies to support the provisions of the central and state act and the methodology adopted in reserving seats for various reserved categories.preliminary objection26. on behalf of the ..... state and union of india a preliminary objection has been raised based on the provisions contained in article 243o of ..... a result of constitutional compulsions under article 244 read with 5th schedule and the central act no. 40 of 1996 enacted in exercise of powers of parliament under article 243m(4)(b) in part ix of the constitution. on behalf of union of india (as respondent no. 1) in its return reference is made to .....

Kale Khan Mohd. Hanif and ors. Vs. Mohd. Iqbal

Court : Madhya Pradesh

Reported in : AIR2009MP84; 2009(40)PTC210(MP)

..... is erroneous inasmuch as the goodwill belongs to a firm and is an asset of the firm and the trade mark is a different concept having a different connotation under the provisions of the trade marks act.(iii) the trade mark can be assigned with or without goodwill and therefore, it has a different status altogether and hence, ..... senior counsel appearing on behalf of the respondent, resisting the aforesaid proponements, advanced the following submissions:(i) it is not open to the appellants to contend that trade mark and goodwill of the firm are one and the same thing inasmuch as the commissioner by report dated 31-1-2005 had rejected the report of the commissioner ..... mark is employed. he has also referred to another decision in american steel foundries v. thomas e. robertson (1926) 269 us 372 to highlight that there is no property in a trademark apart from the business or trade in connection with its goodwill. he has commended to a decision rendered to dulaldas mullick (supra) wherein it has .....

Godfrey Philips India Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : (2008)17VST465(MP)

..... therefore, as far as the state is concerned, the entire revenue from the tax is utilised solely for fulfilling the object of the act, of removing the impediments in trade, to facilitate trade and its movement and to compensate the urban local bodies for the loss of revenue caused due to abolishing octroi. in other words, ..... article 304(b), subject to the conditions mentioned therein. and (7) the state can impose a non-discriminatory tax on goods imported from other states or the union territory to which similar goods manufactured or produced in that state are subject.(emphasis supplied)66. in khyerbari tea co. ltd. v. state of assam : ..... , international tourism corporation v. state of haryana : [1981]2scr364 , malwa bus service (pvt.) ltd. v. state of punjab : [1983]2scr1009 , b.a. jayaram v. union of india : [1983]3scr624 and state of maharashtra v. madhukar balkrishna badiya : air1988sc2062 and opined that since the concept of compensatory tax has been judicially evolved as an exception to .....

State Vs. Kalu S/O Girdhari and anr.

Court : Madhya Pradesh

Reported in : 1952CriLJ887

..... passed on the merits and the order passed by the sessions judge rejecting the appeal as time barred should be distinguished as a dismissal under section 4 of the limitation act (act 15 of 1877) and should not be taken to have been passed on merits and thus the previous order was open to review by the sessions judge. on ..... go into the merits. beaumount c.j. rejecting the contention observed:the point has already been dealt with by this court in the case of empror v. jiravau air 1926 bom 555, and the only distinction between that case and the present one is that that case had been heard on the merits and not summarily dismissed. but in ..... i do not think so. the right of appeal under section 417 remains untouched; it affects only the period of six months given by article 157 of the limitation act for filing government appeals, and demands from the executive government extra care and alertness in preferring appeals against acquittal before a summary appeal against the conviction is dismissed. i .....

State Pf M.P.and ors. Vs. Mohan Sugar Mills and ors

Court : Madhya Pradesh

..... .4 the collector, hoshangabad. defendant no.1 2. competent authority, m.p. ceiling agricultural holdings act, harda. versus respondents 1 mohan sugar mills limited plaintiff no.1 registered office, harda. plaintiff no.2 2. the central trading company private ltd., registered office, harda. defendant no.2 3. seth vallabh das modi (since ..... are also not the decisions on the act of 1960.51. further, i do not find any merit in the contention of learned ..... the finality attached to it by sub-section (5) of section 11 of the unamended act of 1960. in these circumstances, the decisions of supreme court placed reliance by learned advocate general, dhirendra nath gorai (supra,) auto trade and transport corporation (supra) and lucky forwarding agency (supra) are quite distinguishable and they .....

Bengal Trading Syndicate Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Reported in : AIR2001MP71; 2000(2)MPHT499

..... that the court cannot examine the correctness of an award on merits. reliance was placed on puri construction pvt. ltd. v. union of india, air 1989 sc 777. he also placed reliance on sudarsan trading co. v. government of kerala, (air 1989 sc 890) to contend that once with respect to foundation work there was ..... arbitrator ignores it and awards the amount despite the prohibition in the agreement, the award would be arbitrary, capricious and without jurisdiction. whether the arbitrator has acted beyond the terms of the contract or has travelled beyond his jurisdiction would depend upon facts, which however would be jurisdictional facts, and are required to be ..... this case, the agreement between the parties clearly says that in measuring the build up area the balcony areas should be excluded. the arbitrators could not have acted contrary to the said stipulation and awarded any amount to the appellant on that amount.' from the aforesaid decision, it is apparent that the arbitrator his passed .....

National Steel Industries Ltd. Vs. Union of India (Uoi)

Court : Madhya Pradesh

Reported in : 2001(77)ECC621; 2002(139)ELT529(MP)

..... am inclined to hold that the issue on merits is fully covered in favour of petitioner by the decision of supreme court rendered in the case of pratibha processors v. union of india -1996 (88) e.l.t. 12, supra.16. indeed this very issue which is raised by the petitioner in this case by claiming refund of amount deposited ..... for the respondents to demand interest. learned counsel placed heavy reliance on the decision of supreme court reported in 1996 (88) e.l.t. 12 (s.c.) pratibha processors v. union of india and 1991 (52) e.l.t. 357 (ker.) which according to learned counsel decided this very issue in favour of petitioner. this, in substance, was the submission pressed ..... had this to rule: -'para 12 - on a fair reading of the relevant provisions of the act and in particular sections 15, 25, 59, 61 and 68 and the general exemption granted by the notification (pages 169-170 of the paper book) and the import-export (trade) policy, 1990-93 (blue book) (page 176 of the paper book), we are of the .....

Union of India (Uoi) and anr. Vs. Rameshwar Prasad

Court : Madhya Pradesh

Reported in : AIR1983MP59

..... fact disclosed by it raises a fair inference of negligence or misconduct on the part of the railway or its servants. construing section 7-d of the old act, the supreme court in union of india v. brijlal purshottam, air 1969 sc 817 held that the contemplated disclosure must be in the form of a precise statement of how the consignment was ..... affidavit. the taxing officer on these allegations certified the understamping as bona fide and the court accepted the recommendation and condoned the delay, a division bench of this court in union of india v. ibrahim gulaba, 1965 mplj 572: (air 1966 madh pra 52) in somewhat similar circumstances observed that rule 9 in chapter ii of the madhya pradesh high' ..... b.c. verma, j.1. the respondent/plaintiff is an endorsed consignee of a railway receipt whereunder m/s. vijaya trading company booked at dronachellam railway station 660 tins of groundnut oil for sakti. it was a wagon load consignment and one transhipment en route was necessary. the consignment was .....

Universal Cables Ltd. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1977(1)ELT92(MP); 1977MPLJ394

..... list, in such form and in such manner and at such intervals as the collector may require, showing the price of goods chargeable with duty and the trade discount, if any, allowed in respect thereof to the buyer. the rule further requires that if in the list approved by the proper officer any alteration ..... by the assistant collector before the said 13 orders were passed by the collector.2. the petitioner is an existing company within the meaning of the companies act, 1956. the petitioner carries on business of manufacturing and dealing in cables and conductors required for transmission of electricity. the petitioner has its cable factory at ..... provisions and fetter the quasi-judicial powers of the excise authorities : (see orient paper mills v. union of india : 1973ecr1(sc) ). the method of valuation of excisable goods is laid down in section 4 of the act. the board cannot prescribe different methods of valuation by issuing supplementary instructions. the excise authorities in assessing .....

Madhya Pradesh Cement Manufacturers' Association Vs. State of Madhya P ...

Court : Madhya Pradesh

Reported in : AIR2002MP62; 2002(1)MPHT84; 2002(2)MPLJ195

..... measures need not comply with the requirement of the proviso to article 304(b) to the constitution.'the petitioners have not submitted how the ordinance/act affects their freedom of trade, commerce and intercourse. it does not affect them directly and immediately. the affect may be remote provided the burden of price escalation of goods ..... to the provisions of the statute itself.'[see district board v. damodar datt (air 1944 allahabad 223) andchaturbhai patel v. union of india (air 1960 sc 424).therefore, in pith and substance, the ordinance/act imposes tax on the sale or consumption of electrical energy. the contention that there is hiatus between production and consumption can ..... in the nature of excise leviable by the parliament in entry 84 of union list in seventh schedule to the constitution of india. the levy of cess under section 3 (2) of the ordinance/act amounts to an unreasonable restriction on the freedom of trade of the petitioners, therefore, it is hit by articles 213/304(b) .....