Court : Supreme Court of India
..... , the rajasthan and madhya pradesh civil appeal arising out of slp (c) no.23592 of 2014 & ors.page 7 of 38 (transfer of territories) act, 1959 (47 of 1959) , the following shall be added, namely: but excluding the territories specified in section 3 of the madhya pradesh reorganisation act, 2000. ; (b) after entry 25, the following entry shall be inserted, namely: 26. chhattisgarh: the territories specified in section 3 of the madhya pradesh reorganisation act, 2000. sections 78, 79 ..... , until otherwise provided by a competent legislature or other competent authority be construed as meaning the territories within the existing state of madhya pradesh before the appointed day.79. power to adapt laws. for the purpose of facilitating the application in relation to the state of madhya pradesh or chhattisgarh of any law made before the appointed day, the appropriate government may, before the expiration of two years from ..... out of slp (c) no.23592 of 2014 & ors.page 4 of 38 madhya pradesh in exercise of powers conferred under section 12 of the madhya pradesh general sales tax act, 1958 and section 8(5) of the central sales tax act, 1956 (for convenience we would refer to the two enactments as the sales tax act for short), with a view to attract investors and increase industrial output in the .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1970Raj281; 1970CriLJ1561
..... not be enforced in a court of law.12. learned counsel for the petitioner was not able to attack the reasoning given in the madhya pradesh case. there is no gainsaying the fact that every provision in a covenant will not have the status of a law. there may be provisions in a covenant which dealt with the transfer of territories or the formation of a new ..... , the legislature is legally necessary to their validity in certain cases. it is further stated that thus though treaties relating to war and peace, the cession of territory or concluding alliances with foreign powers are generally conceded to be binding upon the nation without express parliamentary sanction, it is deemed safer to obtain such sanction in the case of an important cession ..... the so-called privileges of the erstwhile rulers were to be incorporated in any law. when the criminal procedure code of the central legislature was extended to rajasthan by the part b states act of 1961, no such privilege as is claimed was incorporated in the criminal procedure code. the parliament only inserted section 197-a which gives protection in the matter of launching prosecution against an erstwhile ..... the white paper on indian states. i need not refer to the various articles, which provided for the composition of the new state and also lay down how the legislative power of the new state was to be exercised and by whom. article xiii which deals with the personal privileges of the ruler of each covenanting state runs as follows:--'the .....Tag this Judgment!
Court : Delhi
Reported in : 113ITR817(Delhi)
..... pradesh, gwalior division of madhya pradesh, rajasthan, jammu and kashmir, and the union territory of chandigarh.***clause 3 of the standing order provides that with reference to rule 39 and 46 of the appellate tribunal rules, 1946, and rules 40 and 47 of the appellate tribunal rules, 1963, reference applications under section 66(1) and matter arising under sections ..... have been originally preferred to the allahabad bench according to the provisions in the standing order no. 1 of 1954, and subsequently transferred to and heard and determined by one of the delhi benches in compliance with the provisions in the standing order no. 1 of ..... as to which high court the delhi bench could refer the questions of law proposed in the applications under section 66(1) of the act.the only relevant provisions in the act are those in section 66. section 66(1) merely states that within the time mentioned therein, the assessed ..... of the assessment 1957-58, to the appellate assistant commissioner of income-tax, meerut. by his orders dated march 13, 1963, and march 12, 1963, respectively, the appellate assistant commissioner, meerut, allowed the appeals party.in so far as the said appellate order were against it, the ..... or area-wise.we next come to the jurisdiction of the appellate tribunal. section 5a of the act shown that there is only one appellate tribunal constituted under the act. its powers and functions conferred by the act are to be exercised by benches constituted from the members of the tribunal .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1986KAR382
..... is entitled to apply for eviction under section 7(3) of the rent control act.13. the question as now raised arose for decision in the case of sardarilal v. narayanlal. the full bench of the madhya pradesh high court observed that section 109 has the effect of severing tenancy in respect of a part of the property transferred by the lessor and the transferee can ..... cases in this behalf and, therefore, the tenants-petitioners having given up that ground cannot be permitted to press into same in the revision. therefore, the only material, question of law that requires to be decided is : whether the contract of tenancy in respect of the two premises being single and indivisible, the eviction in respect of one or both in ..... time till 30-6-1981 to give vacant possession. it is also not disputed their petition seeking special leave to appeal has been rejected by the supreme court finally on 12-4-1982 and the stay granted has since been vacated. in the circumstances, mr. narasimhan is justified in not urging the arguments on the grounds of bonafide and reasonable requirement ..... order of the court. the provision for apportionment of the rent without consent of the lessee is an indication that section 109 has the effect of severance of lease. proceeding further, it is also observed as follows :'....section 109 will have to be construed differently in these two types of cases for which there is no justification. in our opinion, there is no .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1970Bom117; (1970)72BOMLR258; ILR1971Bom150
..... madhya pradesh, section 2(o) then defines the term 'successor state' and 'successor state' in relation to an existing state means any state to which thewhole or any part of the territories of that existing state is transferred by the provisions of part ii.6. part ii of the act then gives the territorial ..... territories such as the existing state of madhya bharat, some portion of rajasthan, existing state of bhopal and the existing state of vindhya pradesh and it retained the same old name of madhya pradesh. this new madhya pradesh is thus the 'principal successor state' of the old or the existing state of madhya pradesh and under the definition of section ..... by the state of maharashtra because of the dispute which he has raised.12. as regards the state of madhya pradesh, the learned counsel for the state mr. w. k. sheorey urges that the state of madhya pradesh is not liable for the claim of this present petitioner. we are ..... part arises for the exercise of such power within the territorial jurisdiction of the high court. such is not the case here. it cannot be said that any part of the cause of action to claim the increase given by the madhya pradesh state, as in existence to-day, ..... state of madhya pradesh and out of the two successor states the state of madhya pradesh is the principal successor state of the former state of madhya pradesh. similar 'observations are-to be found in a full bench decision of this court in state v. sarjooprasad gumasta,. first appeal no. 101 of 1959, decided .....Tag this Judgment!
Court : Armed forces Tribunal AFT Regional Bench Chennai
..... follows: 2(a) the petitioner was enrolled in the ta as guardsman on 19.11.1985 in medical category ??aye ? . the petitioner was posted in various places like assam, rajasthan and madhya pradesh and also took part in operation trident and operation bajrang. during his training session at trichy, during organized military games, the petitioner fell down and got a spinal injury on ..... are extracted below: ??7. the aforesaid provisions including that of the guidelines called the guide to medical officers (military pensions) 1980 and also the source of power, i.e., the provision of section 173 of the pension regulations including other relevant provisions came to be considered by the supreme court. a conjoint reading of the aforesaid provisions along with the decisions ..... diagnosis ??prolapse intervertebral l4-5 disc (optd) 722(c ) v-67 ? . the petitioner was invalided out from service w.e.f. 15.02.1994 under ta act 14(b) (iv) of the territorial army regulations 1948 (re-print 1976) by the invaliding medical board held at mh, madras in medical category cee (p) due to the diagnosis ??prolapse intervertebral l4-5 ..... ex-territorial army (ta) soldier (guardsman), has challenged the impugned order of the first respondent dated 24.02.2006 rejecting the petitioners disability pension claim on discharge from the ta in the honble high court of judicature at madras vide writ petition no.2976 of 2006. on the enactment of the armed forces tribunal act, 2007, the petition has been transferred to .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1965MPLJ364; 16STC350(MP)
..... 29th november, 1960, by the sales tax officer, jabalpur, under section 18(4) of the madhya pradesh general sales tax act, 1958, holding the petitioner liable for the payment of sales tax for the period from 23rd october, 1958, to 9th april, 1960, as transferee of the business of the dealer m/s. rajasthan paper mart (hereinafter called the mart). the sales tax officer held ..... was in hand with the mart on the date of its sale to him.9. for the foregoing reasons, our conclusion is that the ownership of the rajasthan paper mart's business was not transferred to the petitioner when he purchased on 9th april, 1960, for rs. 6,100 the stock of stationery paper, pencils, fountain-pens etc. the mart had on ..... ). 'goodwill' cannot be sold apart from the business, and the sale of a business implies the sale of its goodwill, though not expressly mentioned. 7. now, in the present case there was no material whatsoever before the sales tax officer and the additional commissioner of sales tax for reaching the conclusion that the mart transferred its business to ..... the transfer of a running business together with all its rights, liabilities, stock-in-trade and goodwill. the 'goodwill' of a business is not the business, but is one result springing out of it. 'it is considered a subject of sale and part of, and incident to, any business which is sold as business.' (see lord jowitt's dictionary of english law .....Tag this Judgment!
Court : Mumbai
Reported in : (1959)ILLJ572Bom
..... (1) provides : 'except as hereinafter provided, the high court at nagpur shall, as from that day, have no jurisdiction in respect of the territory transferred from the existing state of madhya pradesh to the new state of bombay.' 3. and sub-section (2) provides. - 'such proceedings pending in the high court at nagpur or the high court of hyderabad immediately before the appointed day as ..... not without a remedy and therefore we are not compelled to resort to any extreme legal fiction which the rajasthan high court was compelled to resort to. 9. the effect of this judgment is that the state of madhya pradesh and the accountant-general of madhya pradesh will be struck off the record. the petition against the state of bombay will remain and it will ..... support of that proposition of michigan trust company v. ferry (1913) 228 u.s. 346 : 57 law ed. 867 and carrick v. hancock (1895) 12 t.l.r. 59. but, in our opinion, that principle cannot apply to the provisions of sub-section (5) of s. 59. section 59(5) introduces a very limited and a very qualified fiction and it would be wrong ..... law to extend the jurisdiction of a high court to any state specified in the first schedule other than the state in which the high court had its principal seat, and it is not disputed that at the date when the states reorganization act was passed, parliament had the power to extend the jurisdiction of the bombay high court, and what is urged .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1977Raj243; 1977()WLN16
..... the territorial jurisdiction of the main seat of a high court is a necessary concomitant to the establishment of a permanent bench, under section 51 (2) of the act. this was brought out by the kerala high court in manikam pillai v. asst. registrar, high court, kerala, air 1958 ker 188, while contrasting section 51(3) with section 51 (2). the full bench of the madhya pradesh ..... any such district shall be heard at jodhpur.sd/- f. a. ahmedpresident. new delhi, december 8, 1976. 3. the consequential order of hon'ble the acting chief justice dated 23-12-1976 issued under the high court of rajasthan (establishment of a permanent bench at jaipur) order, 1976 is as follows:--'raj. high court, jodhpurnotificationno. 1/j.b. dated dec. 23, 1976.in ..... court at jodhpur for hearing with effect from the 3rd of january, 1977, unless specially ordered to be heard at jodhpur.sd/- ved pal tyagichief justice23-12-76.''in pursuance of the high court of rajasthan (establishment of a permanent bench at jaipur) order, 1976, it is ordered that all pending cases as per annexures a, b and c which have arisen ..... , he was additional district magistrate of amritsar and had been, inter alia, invested under section 10(2) of the cri. p. c. with all the powers of a district magistrate under the code or under any other law for the time being in force. further, when the order of transfer of shri bhalla, the district magistrate, was made, instructions were issued that shri bhalla .....Tag this Judgment!
Court : Supreme Court of India
..... the links in the states of gujarat, maharashtra, chattisgarh; secondly, the states of karnataka, madhya pradesh, uttar pradesh and rajasthan were to be included in discussions and thirdly, the states of andhra pradesh, tamil nadu and orissa were to be invited for discussion.the detailed project reports (hereafter, ..... waters. explaining the doctrines of river sharing, it - described doctrine of riparian rights, doctrine of prior appropriation, territorial integrity theory, doctrine of territorial sovereignty, english common law principle of riparian right, doctrine of community interest, doctrine of equitable apportionment.it also explained that when determining ..... are the key words in determination of the scope of power conferred on a tribunal constituted under section 3 of the act. if a matter fell outside the scope of these three crucial words, the power of section 11 in ousting the jurisdiction of the courts in respect ..... that the matters with regard to the environmental and financial implications, socio-economic and international aspects, such as inter-basin water transfer, need to be properly examined at the appropriate levels of the government.for example, all the rivers in bihar originate from ..... - fledged volumetric pricing cannot be introduced immediately. the proposed rationalization of water pricing will have to be accomplished in three phases.xii. in the first phase, rationalization and simplification of the existing system of assessment (based on crop-wise irrigated area on an .....Tag this Judgment!