Court : Madhya Pradesh
Reported in : 2007(2)CTLJ350(MP); 2006(1)MPHT476; 2006(2)MPLJ102
Shantanu Kemkar, J.1. By filing this petition under Article 226/227 of the Constitution of India, the petitioner has challenged the condition No. 10 of the notice inviting tender ('NIT' for short), dated 24-10-2005 for laying underground cable and for optical fibre work issued by the fourth respondent. Condition No. 10 in the said NIT read thus:--10. Tender forms will be issued on submission of written application. Enlistment certificate with BSNL, (Attested copy only), Attested copy of partnership deed and NOC from partners if any. The prospective bidders much submit attested copy of EPF/RPF registration certificate alongwith bids documents. 2. The petitioner contends that the nature of the work for which NIT has been issued is a short duration work of few weeks only. It is stated that the said work and the work which the petitioner/firm performs does not require more than 20 labourers. In support, the petitioner has filed a certificate issued by the Assistant Labour Commissioner, Jab...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPLJ175
ORDERA.K. Shrivastava, J. 1. 'An Act to make provision for the investigation and settlement of industrial disputes and for certain other purposes', is the preamble of the Industrial Disputes Act, 1947 (for brevity 'the Act'). The Supreme Court in the case of Kavalappara Kottarathil Kochuni v. State of Madras : [1960]3SCR887 has observed that the preamble is a key to the enactment and it may legitimately be construed to solve any ambiguity or to fix the meaning of words which may have more than one, or to keep the effect of the statute within its real scope, whenever the enacting part is in any of these respects open to doubt. The scope of the Act is a progressive piece of legislation and design to settle the disputes on a new pattern hitherto intention to judicial machinery set in the country. The object of all labour legislation is to ensure fair wages and to prevent disputes so that production might not be adversely affected. The landmark two decisions of the Supreme Court on this po...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT26
S.K. Gangele, J.1. Petitioner has filed this petition challenging the order of the Labour Court dated 21-10-2003 passed in Case No. 26/MPIR/2000 and the order of the Industrial Court dated 17-12-2004 passed in Appeal No. 1532/MPIR/03, Annexures P-6 and P-8 respectively.2. The respondent who was working as Senior Sales Officer filed an application under Section 31(3), 61 and 62 of the MPIR Act, 1960 challenging his transfer order dated 17-2-2003. He submitted before the Court that he was performing the duties of the Senior Sales Officer and he was the office bearer of an Association. There was a dispute between the Directors of the Company and due to the aforesaid rivalry amongst the Directors, the Managing Director had apprehension that he and the Vice President Mr. Mishra were closer to the one Director Shri Zarani. On this ground he was transferred by the Managing Director. Similar application has also been filed by Vice President Mr. Mishra. The respondent was transferred vide order...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006(110)FLR507]
ORDERR.S. Jha, J.1. The petitioner assails the award dated 2-4-92 passed by the Industrial Tribunal-Cum-Labour Court, Jabalpur in the present petition/The question referred to the Industrial Tribunal-cum-Labour Court has been answered against the petitioner and it has been directed that the concerned workmen of the respondent Association are entitled to claim status of direct workmen of the petitioners, to be regularized and consequently reinstated with all other benefits arising out of the reinstatement except back wages. It has also been directed that difference of wages for the period of May, 1985 to January, 1987 in accordance with the National Coal Wage Agreement-Ill (hereinafter referred to as 'NCWA-III') be paid to the respondents.2. Before I delve into the factual and legal aspect of the case, it is apposite to mention that this Court vide interim order dated 13-10-1992 had stayed the operation of the award subject to the condition that the petitioner either reinstates the conc...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT55; 2006(2)MPLJ135
ORDERShantanu Kemkar, J.1. The petitioners are partnership firms carrying on the business of manufacture and sale of pulses at Gadarwara. They are registered dealers under the M.P. Sales Tax Act, 1958 (hereinafter referred to as 'Sales Tax Act'). The petitioners firms are also assessable to tax under the M.P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (hereinafter referred to as 'Entry Tax Act').2. Through this petition filed under Articles 226 and 227 of Constitution of India they are seeking quashment of orders of assessment (Annexures P-2 to P-9) and the orders passed in Revision (Annexures P-20 to P-27) on the ground that the orders of assessment are barred by limitation provided in Section 19(1) and 18(8) of the Sales Tax Act.3. The petitioners stated that feeling aggrieved by the imposition of Entry Tax Act on the entry of whole pulses into the local area, the first petitioner filed a Misc. Petition No. 756/1979 before this Court on the ground that the whole and s...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPLJ154
ORDERA.K. Shrivastava, J. 1. The order in this petition shall also govern the disposal of W.P. (S) No. 2092/2003 (Bharti Choudhary and Anr. v. State of M.P. and 3 Ors.). By this petition under Articles 226 and 227 of the Constitution of India, the petitioners are seeking quashment of impugned order dated 22.9.2003 (Annexure- P-1) which is in regard to the cancellation or selection process (after completion o f the selection) to the post of Forest Guard in District Shahdol in violation to the principles of natural justice. 2. Chief Conservator of Forest (respondent No. 2) vide its order dated 17.3.2003 issued an advertisement and the time table schedule for the recruitment for the post of Forest Guard and further directed Conservator, Shahdol Circle, Shahdol (respondent No. 3) to ensure to fill up the vacancy of backlog pose of Scheduled Castes and Scheduled Tribes under the special recruitment drive. The petitioners have filed a copy of the order dated 17.3.2003 along with the advertis...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006]153TAXMAN518(MP)
ORDERA.M. Sapre, J.The decision rendered in this appeal shall govern. disposal of other connected appeal being I.T.A. No. 13 of 2003, because both these appeals involve identical point and secondly, both the appeals are filed by the same assessee.2. This is an appeal filed by assessee under section 260A of the Income Tax Act against an order, dated 30-9-2002, passed by ITAT, Indore in I.T.A. No.625/Ind./91. The appeal was admitted for final hearing on following substantial question of law :_'Whether a return was filed under the Amnesty Scheme, whether a regular order of assessment based on an earlier return could have been passed after subsequent filing of such Amnesty Scheme ?'3. Without taking note of facts in detail, on what date the returns were filed and on what date the assessment orders were passed on those returns, the question that really arises for consideration in these two appeals which arise out of assessment years 1981-82 and 1984-85 filed by the assessee and the same was...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2006)202CTR(MP)408
ORDERA.M. Sapre, J.1. This is an income-tax reference made at the instance of assessee under Section 256(1) of the IT Act by the Tribunal in RA Nos. 91 and 92/Ind/1998, dt. 19th March, 1999, which arise out of an appellate order, dt. 27th March, 1998, passed in ITA Nos. 126 and 127/Ind/1994 by Tribunal to answer following question of law arising out of the order of the Tribunal :Whether the Tribunal was justified in holding that the subsidy received by the assessee under M.P. Naye Cinemagharon Ke Nirman Ko Protsahan Yojna Ke Sahayata Anudan Niyam, 1982 from the State Government was a revenue receipt, after following the judgment of the apex Court in the case of Sahney Steel & Press Works Ltd v. CIT : 1997ECR787(SC) 2. The respondent (sic-applicant)--an assessee is engaged in business of running a cinema house. In the asst. yrs. 1990-91 and 1991-92, the assessee received from State by way of what is called 'subsidy' amounting to Rs. 4,93,163 and Rs. 10,89,283, respectively. The question...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT137; 2006(3)MPLJ58
ORDERS.L. Jain, J.1. This appeal under Section 47 of the Guardian and Wards Act is directed against the order dated 29-8-2005 passed by the Addl. District Judge, Hoshangabad, in G & W Case No. 03/05 dismissing the appellant's application for the custody of Child Ayan Chouksey.2. Brief facts of the case lying in a narrow compass and relevant to the decision of this appeal are apt to be dilated hereunder; Marriage between appellant Raju Chouksey and respondent Smt. Kirti Chouksey was performed on 26-7-97, In this wedlock respondent No. 2 was born on 1-1-99. The appellant filed an application under Guardian and Wards Act inter alia on the ground that the marital life of the parties was not happy. Respondent wife always used to quarrel with the husband and his family members. She made a false complaint against the husband and other family members and got a case under Sections 489A, IPC and 3/4 of the Dowry Prohibition Act registered against the appellant. The respondent No. 1 is a mentally...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006CriLJ1368; 2006(3)MPLJ49
ORDERA.K. Shrivastava, J.1. This revision petition has been filed against the order dated 20-7-1998 passed by learned Judicial Magistrate First Class, Jabalpur framing the charge under Section 403, IPC.2. Kotwali Police, Jabalpur arrested the accused/applicant on 26-1-1998 on the allegation that he had stolen electric wire worth Rs. 1,800/- which was seized from an Auto Rickshaw and which was stationed opposite the house of the accused/applicant. The police filed a complaint against the applicant, a copy of which has been filed as Annexure-C. In the complaint it has been mentioned that the applicant was arrested on 26-1-1998 and the seizure memo was prepared showing the seizure of 15 bundles of electric wire and an Auto Riksha No. MP-20/9614. The seizure memo was made under Section 41(1)(d), Cr. P.C./379, IPC. The statements of Munna and Santosh Kumar were recorded who were the witnesses of the alleged seizure memo. One Bhure Khan was also examined who was the driver of the said Auto R...
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