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 .....
Tag this Judgment!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) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP98; 2002(2)MPHT10
..... said period of ten years in relation to such person, there shall be included any period during which the person has been an advocate enrolled under the indian bar councils act, 1926. (3) there shall be a chairman and a vice-chairman of each state bar council elected by the council in such manner as may be prescribed. (3-a) ..... : 'the enacting part of a statute must, where it is clear, be taken to control the non-obstante clause where both cannot be read harmoniously'. in madhav rao scindia v. union of india, (1971) 1 scc 85 (at 139) : (air 1971 sc 530) hidayatullah, c.j., observed that the non-obstante clause is no doubt a very potent clause ..... to show incorporation. no particular words are necessary for the creation of a corporation; any expression showing an intention to incorporate will be sufficient.'in the case of state trading corporation of india (supra) 9 judges bench of the apex court in paragraph 29 held as under:--'29. we are dealing here with an incorporated company. the nature .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP266; 2002(4)MPLJ110
..... to be stated for disposal of this writ petition are that the petitioner is a registered society under the provisions of trade unions act, 1926 having its registered office in the district of satna. it is affiliated to indian national trade union congress. the aims and objects of the society are to make endeavour for well being of the women labourers and ..... lordships struck down the provision which stipulated the condition that services shall be terminated on her first pregnancy as unconstitutional. 12. in the case of lena khan v. union of india, air 1987 sc 1515, the regulation which required the air hostess employed to retire at the age of 35 years with extension upto the age of ..... founded on the backdrop of sex. the court declared the action has violative of articles 14 and 15 of the constitution. 10. in the case of bombay labour union v. jnternational franchises, p. ltd., air 1966 sc 942, the apex court axed down the restriction imposed on the employment of the married woman. in the case .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP233; 2004(3)MPLJ216
..... learned counsel for the respondents and miss anjali banerjee, learned counsel for the respondent no. 3. mr. r.s. patel, learned senior standing counsel for the union of india adopted the arguments putforth by the learned counsel for the respondent no. 3, mr. surendra singh, learned senior counsel addressed us on behalf of the ..... to article 51a of the constitution and to the provisions enshrined under the prevention of insults to national honour act, 1971, (for brevity 'the 1971 act'). there is also reference to the executive orders issued by the union of india relating to the national anthem. it is averred in the petition that if the provisions are ..... trick photography. with the passage of time certain story films were contrived and there was no sound. in the third decade talkies' arrived. in the year 1926 introduction of sound transformation and both, technical and economical form of film production took place and slowly colour photography was introduced and factors in size and quality .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP225; 2004(3)MPLJ438
..... substantial question of law' and grounds of appeal were narrowed down by way of amendment made in civil procedure code, 1976. in considering section 55 of monopolies and restrictive trade practices act, supreme court held that section 100 of code as it existed in 1969 was incorporated in section 55 and 'substitution of new section 100 in the cpc abridging ..... the grounds of appeal had no effect on the appeal under section 55 of monopolies and restrictive trade practices act'. the apex court has held thus :--9. we have no doubt that section 55 is an instance of legislation by incorporation and not legislation by reference. ..... amendment had not the effect of modifying the incorporated provision of the land acquisition act in the bengal act and that it did not confer a right of appeal in relation to an award of compensation under the bengal act.25. in mahindra and mahindra ltd. v. union of india, air 1979 sc 798, p. 811 : (1979) 2 scc .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)20VST853(MP)
..... in legislating the object, purpose, and scope of the legislation that the word is used subjectively of the legislator, rather than objectively of the matter legislated upon.in union colliery company of british columbia limited v. bryden [1899] ac 580 (pc) 587, lord haldane said:it is remarkable the way this board has reconciled the provisions ..... and joinery (p) ltd. v. state of orissa : [1988]1scr314 . similar view has been expressed in the decision rendered in the case of bhubaneshwar singh v. union of india : (1994)6scc77 wherein their lordships ruled that the legislature can make judgment and order of competent court ineffective if it removes the statutory vices which had led ..... act of 1998 and ultra vires of articles 14, 19(1)(g) and 265 of the constitution of india and to further issue a writ of certiorari for striking down the said provisions and to quash notice of demand contained in annexure p5.7. a counter-affidavit has been filed by the respondents stating inter alia that trade .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT28
..... state bank of india posted at various branches in the undivided state of madhya pradesh formed a trade union called sbi workmen union bhopal circle, bhopal, which is registered under the provisions of the trade unions act, 1926 (for short 'the act'). the union is affiliated to the all india state bank of india staff federation (for short 'the federation ..... order of stay.15. to answer the aforesaid question, it is seemly to scan the anatomy of the trade unions act, 1926 (for brevity 'the act'). the aforesaid act was brought into existence to provide for the registration of trade unions and in certain respects to define the law in that regard. section 2 is the dictionary clause. section ..... been held as under:12. besides as said before in the dispute between the rival office bearers of the union, the registrar of trade unions has no authority or power under section 28 of the trade unions act, 1926, to decide the dispute, even though he has power to make his enquiries and come to his own .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2008(118)FLR519]; (2009)ILLJ128MP
..... by registrar, despite of stay order granted by the registrar. on june 12, 2006 shri kunwar singh mawai filed an application under section 28-j of the indian trade unions act, 1926 before the industrial court at gwalior which was decided finally on june 14, 2006 at camp rewa. in the application general manager, j.k. tyre banmore kamgar ..... that the respondents no. 1 and 2 had no locus standi to assail the order passed by the industrial court under section 28-j(2) of the trade unions act, 1926. he has also submitted that the registrar had no jurisdiction to pass the stay order as the petitioner could not be said to be aggrieved party, writ ..... mawai before the industrial court at gwajior. in the application general manager, j.k. tyre banmore, morena and registrar, trade union were arrayed as respondents. the application (p-13) was filed under section 28-j of the trade unions act, 1926.11. in the application (p-13) it was mentioned that kunwar singh mawai was elected as general secretary and .....
Tag this Judgment!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 .....
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