Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... division bench of the high court of orissa has expressed the opinion in the following terms :-- 'it has been authoritatively held in a series of decisions of the supreme court as well as of this court that the prohibition to grant relief under article 226 of the constitution of india when an alternative remedy has not been resorted to is only a self-imposed limitation adopted more for the necessity of propriety than as a mandatory requirement ..... (supra) to highlight that the affidavits are not included in the definition of evidence in section 3 of the evidence act and can be used as evidence only if for sufficient reason court passes ..... 1979 orissa 143, wherein it has been held as under:-- 'where the writ petition is filed by the members of the committee of management of a co-operative society governed by the orissa co-operative societies act to challenge a notice to show cause against its supersession on the ground that the initiation of the proceeding is without jurisdiction as a pre-condition therefore of consultation with the financing bank of the society ..... the next question is whether the words 'any order' occurring in section 17(2) of the act and the words 'an order' occurring in section 20(1) of the act include every order passed by the tribunal under the act which affects the rights or liabilities of the parties, or these relate to ..... section 202 of the indian companies act, 1913 confers a right of appeal 'from any order or decision made or given in the matter of the winding up .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)17VST465(MP)
..... in the aforesaid case the apex court under article 32 of the constitution was dealing with the constitutional validity of section 15 of the punjab pre-exemption act, 1913. ..... upon parliament by article 302 subject to the following differences:(a) while the power of parliament under article 302 is subject to the prohibition of preference and discrimination decreed by article 303(1) unless parliament makes the declaration under article 303(2), the state power contained in article 304(b) is made expressly free from the prohibition contained in article 303(1) because the opening words of article 304 contains a non obstante clause both to article 301 and article ..... after so stating their lordships proceeded to state as follows:..that part of the highway which is within a municipal area is excluded from the definition of a national highway and therefore, the responsibility for the development and maintenance of that part of the highway is certainly on the state government and the municipal committee concerned. ..... it is also admitted and can be taken note of that the trades people have full use of these facilities within the municipal areas for the better conduct of their business and, therefore, there is a definite object and purpose for which the entry tax levied under the act is utilised and there is also an established connection between the object and the subject, i.e. .....
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