Judgment Search Results Home > Cases Phrase: appropriation no 2 act 2006 Court: madhya pradesh Page 17 of about 694 results (0.064 seconds)

Seema JaIn Vs. Abhay Singh Rathore

Court : Madhya Pradesh

..... quashed but by extending a liberty to the respondent to file the appropriate proceedings before the appropriate forum in that respect permissible under the law. ..... the same, i am of the considered view that the trial court has not committed any error in taking the cognizance of the offence of section 138 of negotiable instruments act against the applicant, but has committed error in taking the cognizance for the offence of sections 504 and 506 of i.p.c. ..... but till the extent of taking cognizance by the trial court for the offence of section 138 of negotiable instruments act is concerned, the impugned order annexure-a-6 dated 13.3.2012, is hereby affirmed and in such premises, the trial court is directed to proceed further in accordance with the prescribed procedure under ..... or findings given by the court below in the impugned order for taking cognizance of section 138 of negotiable instruments act in the matter shall not come in the way of the applicant to raise all probable defence in trial.8. ..... 3 cheque by the respondent it s blank places were filled up and in such premises, the alteration was carried out in the same and on the basis of such document the cognizance of section 138 of negotiable instruments act could not be taken against the applicant. ..... rise to this petition in short are that, the respondent herein, filed a complaint (annexure-a-4) against the applicant for taking the cognizance of offence of section 138 of negotiable instruments act and of sections 504 and 506 of i.p.c. .....

P.Durgaprasad Vs. Smt. P. Aparna

Court : Madhya Pradesh

..... on the grounds available to the petitioner under section 13 of the act with further prayer for appropriate direction to the trial court that on filing such applications, the same be considered and allowed by adopting the lenient view in accordance with settled principles of law with respect of the amendment relating to the ..... amend the plaint and make additional prayer on the basis of subsequent events to get the decree of divorce, on which instead to argue further, petitioner's counsel seeks permission to withdraw this petition with liberty to file an appropriate application for amendment of the pending petition by mentioning the subsequent events which have come in existence in pendency of the matter in trial court so also to make additional prayer to pass the decree of divorce in the matter ..... apart the above, on oral prayer made by the petitioner's counsel, it is observed that on filing an appropriate application on behalf of the petitioner on the basis of subsequent events or as an additional approach from the existing pleadings for amendment of his petition to get the divorce on the grounds available under section 13 of the act before the trial court, then such court shall consider such applications in accordance with the procedure prescribed under the law, ..... liberty to file an appropriate petition under section 13 of the act has been dismissed. .....

Smt.Savitri Devangan Vs. Dr.Navneet Mohan Kothari

Court : Madhya Pradesh

..... from the aforesaid, it is clear that finding no jurisdiction to deal with the matter, respondent has passed the order and, therefore, under such circumstances, it is not appropriate for this court not to interfere into the matter. ..... (5) of the municipal corporation act before respondent no.2, the commissioner municipal corporation jabalpur and when nothing was done, petitioner again approached this court in w.p.no.12746/2008 and after taking note of all these factors.without entering into the controvers.on merit, the writ petition was disposed of with a direction to respondent no.2 namely the commissioner municipal corporation jabalpur to savitri devangan versus navneet mohan kothari pass appropriate orders on the application filed ..... by the petitioner under section 307 (5) of the m.p.municipal corporation act. ..... and records indicate that this writ petition was dismissed vide order dated 7.7.2008 and liberty was granted to the petitioner to take recours.to the remedy available under section 307 (5) of the municipal corporation act. .....

Deputy General Manager Wcl, Pench Area Vs. General Secretary S.K.M.S.

Court : Madhya Pradesh

..... while entertaining the writ petition on 18.9.2012, this court has specifically directed the petitioner to comply with the provisions of section 17-b of the industrial disputes act, 1947 (hereinafter referred to as the act for brevity) and it has been specifically directed that in case the reinstatement of the workmen/employees is not done, the wages payable at the current rate be paid ..... thus, it has to be seen whether it would be appropriate to pay the amount to the employees, in compliance of provisions of section 17-b of the act or it has to be deposited in the ccd of the ..... undisputedly, matter was referred to the cgit by the appropriate government way back in the year 1995 referring the dispute ..... as far as the application for appropriate direction is concerned, the same stands ..... filed i.a.no.15883/2012 for appropriate directions. ..... to hold that after due consideration the direction to pay current wages in terms of compliance of provisions of section 17-b of the act was issued by this court, is not correct. ..... the petitioner has contended that this particular direction to pay the wages at the current rate to the employees is in fact not desirable in view of the fact that the provisions of section 17-b of the act do not contemplate such a condition. ..... interpreted and, therefore, such a direction issued by this court to pay the wages on current rate to the employees in case their reinstatement is not ordered, in compliance of provisions of section 17-b of the act is not desirable or correct. .....

Lawyers for Justice (Non-Government Organization) Vs. State of M.P. an ...

Court : Madhya Pradesh

..... state for the tort committed by its employees was explained thus: "in this context, it is sufficient to say that the decision of this court in kasturilal upholding the state's plea of sovereign immunity for tortious acts of its servants is confined to the sphere of liability in tort, which is distinct from the state's liability for contravention of fundamental rights to which the doctrine of sovereign immunity has no application in the constitutional ..... the objective is to apply balm to the wounds and not to punish the transgressor or the offender, as awarding appropriate punishment for the offence (irrespective of compensation) must be left to the criminal courts in which the offender is prosecuted, which the state, in law, is duty bound to do, that award of compensation ..... no.1 state to make an enquiry for fixing liability of the concern officers, who are responsible for neglect in official duties and protect the fundamental rights of victim ramdayal and take appropriate departmental and criminal action against the concern officers. ..... 1 scc 416, the hon'ble apex court has observed in para-54 that, "thus, to sum up, it is now a well accepted proposition in most of the jurisdictions, that monetary or pecuniary compensation is an appropriate and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants and the state is vicariously liable for their acts. .....

Ahmadnoor Roshan Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1962MP133

..... while there may be cases in which we can appropriately look into the reasoning given by the authority, the purpose is not to satisfy ourselves as to their sufficiency on the facts, but only to see if the reasons are in accordance with the purpose mentioned in the ..... an appeal under rule 41 or 41-a was particularly appropriate, because the executive authority immediately superior to the licensing authority will be able to examine the factual correctness and the sufficiency of the reasons better than the high court which is unconnected with ..... this period, the licensing authority (additional district magistrate) cancelled the licenses under section 18 of the arms act and directed that the firearms should be deposited with the police. ..... the assertion that the licensing authority should act 'judicially' is negatived by the decision of this court reported in moti ..... the renewal is in accordance with section 17(a) of the arms act, but is not likely to be granted as long as the cancellation is in force; actually, the latter is the more immediate remedy during the currency itself of ..... the grievance is that the licensing authority acted without jurisdiction, as it did not give reasons in writing for the cancellation, and further, the refusal to renew was mainly based on ..... in, which high courts have taken action under article 220 in spite of delay are those where a fundamental right has been, shockingly violated, on the authority concerned had been acting altogether without basic jurisdiction. .....

Commissioner of Income-tax Vs. Bhopal Sugar Industries Ltd.

Court : Madhya Pradesh

Reported in : (1996)134CTR(MP)409; [1996]221ITR449(MP)

..... 1,07,933 created by the transfer from sales and not from the profit and loss appropriation account for the construction of a molasses tank in accordance with the provisions of the molasses control order, 1961, and the standing order dated december 3, 1976, has been rightly treated by the tribunal as not includible in ..... 1,07,933 created by the transfer from sales and not from profit and loss appropriation account for the construction of molasses tank in accordance with the provisions of the molasses control order, 1961, and the standing order dated 3rd december, 1976, has been rightly treated by the tribunal as not ..... this is a reference at the instance of the revenue under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act') and the following question of law has been referred by the tribunal for answer of this court, which reads as under :' whether, on the facts and in the circumstances of the case, the reserve of rs. ..... being taxed, and as such he held that the order of assessment was erroneous in so far as it is prejudicial to the interests of the revenue and, therefore, he, in exercise of his revisional power, conferred under section 263 of the income-tax act, enhanced the income of the assessee by a sum of rs. .....

Kashiram Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2003(4)MPHT220; 2003(4)MPLJ487

..... is vested with the appellate authority to consider the application in the facts and circumstances of each case and if the appellate authority finds that the circumstances exists, then it may pass appropriate orders, conditional or unconditional and in that circumstances, the impugned order shall be given effect, in accordance with the directions issued by the appellate authority. ..... period prescribed for an appeal shall be computed in accordance with the provisions of the indian limitation act, 1908, with respect to the computation to periods of limitation thereunder. ..... though there is no specific provision under the act for grant of stay, but the authority has been vested with ..... was empowered to pass any order conditional or unconditional in this regard and the authority has not considered the provision of section 18(6) of the act, while deciding the aforesaid application.3. ..... by which the learned commissioner has declined to entertain the application for stay on the ground that the authority has no power under section 18 of arms act, 1959 to stay the impugned order.2. ..... for petitioner submits that the aforesaid application ought to have been considered by the authority under section 18(6) of the arms act, 1959 (hereinafter referred to as 'act' for short). ..... 18 of the act reads as under ..... aforesaid, this petition stands finally disposed of with following directions :--(1) petitioner may file a fresh application before the authority invoking powers under section 18(6) of the act. .....

Union of India (Uoi) Vs. Grasim Industries Ltd.

Court : Madhya Pradesh

Reported in : 1999LC227(MP); 2000(116)ELT28(MP)

..... therefore, all things considered, we deem it appropriate to dispose off this appeal to the mutual satisfaction of both sides by providing as under :-impugned writ court judgment dated 3-10-1996 passed in m.p. no. ..... either party aggrieved of the order passed by him shall be at liberty to take appropriate remedy available in law. ..... respondent company's claim preferred under section 11b of the act shall revive for being considered and disposed off by commissioner of central excise, indore (app. no. 3). ..... 249], the company had woken up to file its claim under section 11b of central excise act for refund of duty totalling rs. ..... this petition was resisted by appellants primarily on the ground that company's claim was time barred and that it had failed to exhaust the alternate remedy provided under section 35 of the central excise act.3. .....

Smt.Mariyam. Vs. Reg.Provident Fund Commissioner.

Court : Madhya Pradesh Jabalpur

..... (d) who has been member of employees' provident fund or of provident funds of the factories and other establishments exempted by the appropriate government under section 17 of the act or in whose case exemption has been granted under paragraph 27 or 27 a of employees' provident fund scheme 1952 on 15th november 1995 but not being a member of ceased employees family pension scheme 1971 opts to exercise his option ..... (a) who on or after the 16th november 1995 becomes a member of employees' provident fund scheme 1952 or of the provident funds of the factories and other establishments exempted by the appropriate government under section 17 of the act or in whose case has been granted under paragraph 27 or 27 a of employees' provident fund scheme 1952 from date of such membership. ..... 1st day of march, 1971; (b) who has been a member of the employees' provident fund or of provident funds of factories and other establishments exempted under section 17 of the act immediately before the commencement of this scheme and opts to exercise his option under paragraph 4;(provided that an employee who attains the age of more than 59 years on the date on which he would, but for this ..... of an exempted establishment under sub-section (6) of section 17, and(c) such sums, being not less than the amount payable in pursuance of clause (a) out of the employer's contribution under section 6, as the central government may, after due appropriation made by parliament by law in this behalf, specify. .....