Court : Madhya Pradesh
Decided on : Mar-31-2003
Reported in : 2003(3)MPHT131
..... attracted and the land cannot be deemed to have been settled with the proprietor by the state government. here we consider apposite to mention that section 40 of the act has been omitted by act no. ii of 1955. the application was filed by the appellants before the sub divisional officer in the year 1966. at the time of ..... filing of this application, section 40 of the act was not on the statute book.13. learned counsel appearing for the appellants lastly submitted that if the respondents were aggrieved by the order of the sub ..... of crops on the land. admittedly the case of the appellants is that they were collecting lac and not performing any agricultural operations, therefore, provisions of section 40 of the act are not attracted and the additional commissioner, board of revenue and the learned single judge were absolutely right in holding that the provisions of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-31-2003
Reported in : 2003CriLJ2936; 2003(3)MPLJ171
..... . certainly, in this view the contrary views taken were with respect incorrect.21. intention of the parliament is crystal clear from the amendment in section 50 of the electricity act by addition of a 'state electricity board' among the category of authorities authorised to initiate the prosecutions' and retention of words 'or/of person ..... , from the aforesaid discussion, it is clear that an electricity board is a person aggrieved within the meaning of expression 'person aggrieved' occurring in section 50 of the act. prosecution started at the instance of asstt. engineer or any person incharge of the affairs of the electricity board was the prosecution started at the ..... decision of the single bench of this court. conflicting views have arisen on the point whether a complaint for an offence under section 379, ipc read with section 39 of indian electricity act is maintainable on the complaint of electrical inspector or an officer of the electricity board is also competent to file the complaint. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-13-2003
Reported in : 2003(3)MPHT272
..... stageof appointment of the individual in consultation with high court to functionas judge of special court. this elaborate procedure is conspicuously missingin section 14 of the act of 1989. section 14 of the act of 1989 speaks only ofspecification of 'court of session' for trial of offences punishable under theact of 1989. in absence of ..... the court of session and their judgments and orders would be those of court of session therefore, the expression court of session used in section 14 of the act comprehends within its scope court of session in which sessions judge and additional sessions judges are functioning. in paragraph 9 of the reported decision, ..... the question where the trial was conducted by the additional sessions judge, who was not constituted as a special judge under section 12a of the essential commodities act, 1995. section 12a of the e.c. act, authorises state government to constitute by gazette notification as many special courts, as may be necessary. it further provides .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-05-2003
Reported in : 2004(2)MPHT126
..... person or damage to any property but does not include an accident by reason only of war or radio-activity.'16. the word 'owner' is defined under section 2(g) of the act, which reads as follows :--'2. (g) 'owner' means a person who owns, or has control over handling, any hazardous substance at the time of ..... fletcher, this principle was clearly adopted by the legislation.15. the next question that arose for consideration before this court whether electricity is a hazardous substance section 2(a) of the act which defines the word 'accident', reads as follows:--'2, (a) 'accident' means an accident involving a fortuitous, or sudden or unintended occurrence while ..... he starts handling any hazardous substance, one or more insurance policies whereby the owner is insured against any liability under section 3(1).11. section 3(1) of the act refers to 'no fault liability'. section 3 of the act reads as follows :--3. liability to give relief in certain cases on principle of no fault-- (1) where .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-18-2003
Reported in : 2004(1)MPHT266
..... of the registrar before passing any order. the aforesaid submission is really to be tested as contended by mr. gupta on the touchstone of sub-section (4) of section 53 of the act. in the said provision the terms 'subject to control of registrar' and 'subject to instruction as he may, from time to time gives' are ..... within the stipulated period it was superseded and the joint registrar, co-operative societies, in exercise of the power conferred on him under sub-section (8) (ii) of section 49 of the act appointed the collector, mandla, as officer-in-charge of the bank and directed him to manage the affairs of the bank till the elections ..... tatha unki karya sthiti) niyam, 1983 [in short 'the 1983 rules'].3. being aggrieved by the aforesaid orders the employees/respondents instituted disputes under section 55 (2) of the act before the joint registrar, co-operative societies who found that the orders compulsorily retiring the employees were not approved by the registrar which was necessary and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-30-2003
Reported in : 2004(2)MPHT457; 2004(3)MPLJ467
..... in a limited sense, as indicated in the contextin which it may have been used in a particular piece of legislation. theprovisions of the u.p. town improvement act particularly sections 45 to 49 and 54 and 54a when they speak of a certain building or street orsquare or other land vesting in a municipality or other local body or ..... vest in a limited sense, as indicated in the context in which it may have been used in a particular piece of legislation. the provisions of the improvement act, particularly sections 45 to 49 and 54 and 54a when they speak of a certain building or street or square or other land vesting in a municipality or other local body ..... appearing for the appellants and is also apparent from the interim orders passed by this court, the question for consideration no longer survives. further under section 4 of the repealing act all proceedings under the act must be held to have abated. in that view of the matter, we do not think it necessary to proceed with this matter. these .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-05-2003
Reported in : [2004(102)FLR468]; (2004)IILLJ1101MP; 2004(3)MPHT96; 2004(2)MPLJ348
..... the term employment used under the schedule ii relating to wages of individual employee. we have already reproduced the definition of wages as defined under section 2 (35) of the act. hence, we are inclined to think that there can be reconciliation in the both the decisions when there is a dispute with regard to the ..... initially arguments from various spectrums were canvassed before us, eventually the counsel for the parties fairly conceded before us that there is no notification under section 10 of the clra act. the primal issue that arises for consideration is that once there is no notification what would be the logical consequences. we may hasten to state ..... the learned single judge treated the same to be vexed question as there was no notification issued by the appropriate government abolishing the contract labour under section 1 of the clra act and eventually declined to grant the said relief. the learned judge further held that the law laid down in the case of air india statutory .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-2003
Reported in : (2003)182CTR(MP)353; [2003]263ITR230(MP)
..... the payment of royalty by the assessee to the firm at usa, according to clause (iv) of expln. 2 to clause (vi) of sub-section (1) of section 9 of the it act and article 12(3) of avoidance of double taxation treaty with the united states of america. the ao held that according to article 12(2) ..... the appellate authority dismissed the appeal holding that the said remittance was towards payment of royalty for purchase of technical information and hence, liable for tds under section 195 of the act.4. being unsuccessful before the first appellate authority, the assessee, to mitigate his grievance, preferred an appeal before the income-tax appellate tribunal, indore bench, ..... 2 is only for the purpose of clause (vi). the said meaning assigned to royalty cannot be made applicable in an agreement which is made under section 90 of the act.the conclusion is inescapable that, in case of inconsistency between the terms of the agreement and the taxation statute, the agreement alone would prevail.'11. mr .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-2003
Reported in : (2003)184CTR(MP)420; [2003]263ITR536(MP)
..... tribunal is absolutely justified in holding that the conveyance allowance and the additional conveyance allowance received by the development officer are exempted under section 10(14) of the act and the analysis made by the tribunal cannot be found fault with. learned counsel for the respondents have further submitted that the ..... for adjudication :'(a) whether the conveyance allowance/additional conveyance allowance received by the development officer of the life insurance corporation are exempt under section 10(14) of the act ?(b) whether the development officer of the life insurance corporation are entitled to 40 per cent, deduction of the incentive bonus received ..... 50,175. the assessing officer disallowed the deductions claimed under the heading 'conveyance, additional conveyance' after referring to the provision contained in section 10(14) of the act as far as incentive bonus is concerned it was disallowed upon referring to certain guidelines issued by the central board of direct taxes, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-2003
Reported in : I(2004)BC402; 2004(1)MPLJ147
..... learned counsel for petitioners are not applicable in the present case as there is no agreement for mortgage and he further submitted that the appeal is maintainable under section 17 of the act of 2002 and, thus, prayed for dismissal of the petition.8. having heard learned counsel for the parties and after perusal of the record, i am ..... the terms and conditions of the hypothecated stock, the account of the petitioners become npa. he further submitted that the respondent bank has legally issued notices under section 13 of the act 2002 and when the account became npa and it was known to the petitioner, therefore, all the objections which he has raised in his reply were known ..... bank that the aforesaid stock was either sold/removed without depositing its sale proceeds. it is also not in dispute that notices dated 27.11.2002 under section 13(2) of the act, 2002 have been sent to the petitioners which are collectively marked as annexure - 'p/5' recalling the loan on the ground that the account of .....
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