Court : Madhya Pradesh
Decided on : Aug-22-2003
Reported in : 2003(4)MPHT380
..... of facts are necessary for the disposal of this revision petition. suffice it to say, that the charge-sheet under section 3/5 of the explosive substances act, was filed in the committal court wherein an application under section 319 of the code was moved by the prosecution on 3-2-97 to array the applicant subhash chandra jain as ..... order. hence, this revision.3. in this revision petition, shri harpreet ruprah, learned counsel for the applicant has vehemently argued and submitted that the case under section 3/5 of the explosive substances act is triable by the court of sessions and hence the committal court was not enjoying any jurisdiction to allow the application filed under ..... section 319 of the code. to bolster his contention he has placed heavy reliance on the decision of the apex court in the case of raj kishore v. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-20-2003
Reported in : 2003(159)ELT53(MP)
..... .6. manufacturing process of the petitioner unit is governed by a licence issued under the indian explosives act, 1884 read with the explosives rules, 1983.7. it is further averred that petitioner-company is not empowered under the licence to manufacture explosive at the support plant site since such plants are located in habitable areas. the vehicles brings ..... he has submitted that there should be uniform procedure of such taxing events as may be laid down by central board of excise and customs under section 37b of the central excise act, 1944. he has relied upon a circular issued by the govt. of india, ministry of finance (department of revenue), central board of excise ..... and directions of the said board.13. i find that prayer made by the petitioner to approach the central board of excise and customs, new delhi, under section 37b has not been seriously opposed.14. without expressing any opinion on the merits of the case and the rival submissions advanced, petitioners may if so advised, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-17-2003
Reported in : [2003(97)FLR874]; 2003(2)MPHT65; 2003(2)MPLJ555
..... be specified in, such notification. first notification was issued on 31-12-1960. the notification provides that ail the provisions of the said act other than sections 1 and 112 shall come into force on 31-12-1960 in respect of undertakings in the industries specified in the schedule below wherein ..... fibres including regenerated cellulose-rayon, nylon and the like. (8) coke over by-products. (9) coal-tar distillation products like, naphthalene, anthracene and the like. (10) explosives including gunpowder and safety fuses. (11) insecticides, fungicides, weedicides and the like. (12) textile auxiliaries, (13) sizing materials including starch. (14) miscellaneous chemicals. from the ..... .p., indore and ors., reported in 1968 mplj page 95, the division bench of this court has held that the notification issued under section 1 (3) of the act making it applicable to cement industry. workers engaged for construction of factory for manufacturing cement cannot be deemed to be working in cement industry .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-30-2003
Reported in : 2004ACJ1474; [2004(102)FLR276]; (2004)IILLJ708MP
..... credibility of the evidence is concerned, it is mainly a matter for the commissioner and not for the high court sitting in appeal. proviso to sub-section (1) of section 30 of the act provides that 'no appeal shall lie against the order of commissioner unless a substantial question of law is involved in the appeal', therefore, all that ..... sustained by him in the course of employment he expired on june 19, 1997. when he was changing the cylinder of fire extinguisher an accident occurred because of explosion. she has also stated that her husband was employed by the bank as electrician to maintain the regular supply of electricity in the branch.9. as against this, ..... ,29,987.00 along with an amount of rs. 500.00 towards the costs with the commissioner on may 10, 2002. the certificate as required under section 30 of the act has also been filed along with the appeal.7. shri r. maindiratta, learned counsel for the appellant vehemently submitted that the commissioner failed to correctly appreciate the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-30-2003
Reported in : III(2006)ACC320
..... credibility of the evidence is concerned, it is mainly a matter for the commissioner and not for the high court sitting in appeal. proviso to sub-section (1) of section 30 of the act provides that 'no appeal shall lie against the order of commissioner unless a substantial question of law is involved in the appeal', therefore, all that ..... sustained by him in the course of employment he expired on 19.6.1997. when he was changing the cylinder of fire extinguisher an accident occurred because of explosion. she has also stated that her husband was employed by the bank as electrician to maintain the regular supply of electricity in the branch.9. as against this ..... rs. 1,29,987 along' with an amount of rs. 500 towards the costs with the commissioner on 10.5.2002. the certificate as required under section 30 of the act has also been filed along with the appeal.7. mr. maindiratta, learned counsel for appellant vehemently submitted that the commissioner failed to correctly appreciate the oral and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-07-2003
Reported in : [2005(104)FLR281]; (2005)ILLJ476MP; 2004(4)MPLJ259
..... as per provisions of the scheme and, therefore, the petitioner is entitled to gratuity as per scheme which was more beneficial. it is pointed out that section 4(5) of the act provides that the employee is entitled to 'better terms of gratuity under any contract with the employer'. it is contended that the scheme which was more ..... the coal india limited and its subsidiary the respondent no. 2 as at that time they were not covered by the definition of 'employee' given in section 2(e) of the act. as per amendment in this definition in the year 1994 any person 'employed in a managerial or administrative capacity' was also included therein. the result was ..... company from withdrawing the scheme after the executive cadre employees were covered by the provisions of the act. it cannot be disputed that the provisions of the act are in certain respects more beneficial to such employees. section 4(5) of the act is not attracted m the present case firstly because the scheme was not a part of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-29-2003
Reported in : 2003(4)MPHT1; 2003(3)MPLJ554
..... amount of tax. what is to be clarified here that this provision has to be read in harmony and in consonance or in tune with section 138 of the act. section 138 confers power on the municipal corporation to pass resolution for determining the annual letting value of the land on the basis of per square ..... to realm of excessive delegation. submission of learned counsel for the petitioners is that the legislature while engrafting the provisions, namely, section 126 of the municipality act and section 138 of the municipal corporation act in sub-section (1) has used the words 'as may be made by the state government in this behalf and such a prescription ..... authority to suspend the resolution passed by the municipal corporation if it is not in conformity with the law or the rules. similarly, in the municipalities act under section 323 power has been conferred on the divisional commissioner, collector or any other officer authorised by the state government, in this behalf, to suspend the execution .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-25-2003
Reported in : (2004)ILLJ560MP; 2003(3)MPHT514; 2003(4)MPLJ373
..... the government of india published in the gazette on 23-1-1982 is as under :--'in exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the payment of gratuity act, 1972 (39 of 1972), the central government hereby specifies 'local bodies' in which ten or more persons are employed, or were employed, on any day of ..... . the supreme court has held in bakshish singh v. darshan engineering works, (1994) 1 scc 9, that the provisions for payment of gratuity contained in section 4(1)(b) of the act are one of the minimal service conditions which must be made available to the employees notwithstanding the financial capacity of the employer to bear its burden. it is settled ..... unless under any other rule of the panchayat or the state government he has a right to receive 'better terms of gratuity' as per section 4(5) of the act. though there is an observation in the judgment dated 27-6-1997 in w.p. no. 1743 of 1997 that the gratuity is payable to the panchayat employees as per .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-16-2003
Reported in : 2003(3)MPHT217; 2003(1)MPLJ504
..... would stand defeated by doctrine of delay and laches. a stand is taken that the petitioner was assured that there would be withdrawal of acquisition under section 48 of the act and, therefore, they could have challenged the award on the grounds which are being putforth at present. as it appears they had submitted a ..... passed exparte, it cannot be placed reliance upon. it is urged by him that the award has not been passed within two years as stipulated under section 11a of the act and, therefore, the entire land acquisition proceedings lapsed and no benefit could have accrued in favour of the beneficiary, namely, the m.p. housing board ..... them. as the representation was not dealt with in quite promptitude the petitioners filed w.p. no. 3046/1998 to decide their representation preferred under section 48 of the act. this court by order dated 10-10-1998 directed the state government to consider the representation of the petitioners. eventually the representation was rejected making a .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-05-2003
Reported in : (2003)184CTR(MP)432; [2003]264ITR358(MP)
..... to as 'the 1973 adhiniyam'). it is urged by him that the offer was given by the jabalpur development authority under section 56 of the act and it was accepted by the assessee and hence, there was no element of speculation to get the enhanced compensation. it ..... evolved which would govern the decision of all cases in which the character of the impugned transaction falls to be considered. when section 2, sub-section (4) refers to an adventure in the nature of trade it clearly suggests that the transaction cannot properly be regarded as ..... , summer represents trade; but it may not be true if summer represents an adventure in the nature of trade because, when the section refers to an adventure in the nature of trade, it is obviously referring to transactions which individually cannot themselves be described as trade ..... dipak mishra, j.1. this is an application under section 256(2) of the it act, 1961. in this application, following questions are proposed by the revenue calling for statement of facts .....
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