Court : Madhya Pradesh
Decided on : Jan-30-2006
Reported in : 2006(2)MPHT26
..... law by holding that the work of the petitioner was not supervisory in nature hence he could be included within the definition of . 'employee' under section 2 (13) of mpir act.18. other contention with regard to action of the petitioner in transferring the respondent, it is clear that the respondent has been transferred by the ..... emoluments to the respondent.11. question for consideration before this court is that whether the respondent comes within the definition of 'employee' as per section 2 (13) of the mpir act and whether the transfer order of the respondent has been passed with mala fide intentions and was penal in nature ?12. the respondent himself admitted ..... it can not be said that the respondent was working in the supervisory capacity, hence he comes within the definition of 'employee' as per section 2 (13) of the mpir act and the labour court has jurisdiction to entertain the application. the court further held that the transfer of the respondent was malafide and penal in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-24-2006
Reported in : 2006(2)MPLJ580
..... collector. as the grievance of the respondent no. 2 did not stand mitigated, he preferred a further revision as postulated under section 50 of the act. the board of revenue addressed itself with regard to three core issues, namely, whether the sdo was justified in granting the permission for diversion ..... revision. being dissatisfied with and aggrieved by the aforesaid order, the original respondent no. 2 preferred revision before the commissioner indore division, indore under section 50 of the act, as the order was passed by the collector and the matter was eventually heard by the additional commissioner who affirmed the order passed by the ..... a ginning factory is established on the land in question. on the receipt of the aforesaid complaint that collector, dhar, initiated a proceeding under section 50 of the act in exercise of suo motu jurisdiction for cancellation of the order passed by the sdo granting permission of diversion and after such initiation the original respondent .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-14-2006
Reported in : (2006)IILLJ8MP
..... court admitted the present petition on july 29, 1997. the court while admitting the petition, directed the petitioner employer to comply with the provisions of section 17b of the industrial disputes act, 1947 i.e. to pay last wages drawn. the employer passed an order of reinstatement of respondent no. 2 rather than paying the last wages ..... court below was raised that since the respondent no. 2 was employed as a medical representative, therefore, he is not a workman within the meaning of section 2(s) of the industrial disputes act, 1947. 14. with regard to meet out, the objections - the petitioner about the status of respondent no. 2, whether he would be a ..... represented, therefore, the record of the case is perused. 11. management while filing the petition before this court has raised a ground that reference under section 10 of the industrial disputes act, 1947 is bad and is illegal. this ground has been raised by the petitioner on the ground that the deputy labour commissioner, bhopal had no .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-27-2006
Reported in : [2007]292ITR291(MP)
..... was charged on the trade advance of rs. 15 lakhs ?2. whether in the facts and circumstances of the case, the tribunal has erred in holding that under section 80hhc of the it act no deduction was allowable on the amount of rs. 10,80,571 on the ground that there was no direct nexus between these receipts and the export business of ..... findings of the cit(a) on this count and restore the matter to the file of the ao tore-compute the deduction under section 80hhc in view of cl. (baa) of explanation below sub-section (4b) of section 80hhc of the act.9. in our view, the tribunal having noted that for want of any material, not on record and having been filed in ..... , the same cannot form part of the profit of a business eligible for the purpose of deduction under section 80hhc of the act. we are, therefore, of the view that the aforesaid receipts are hit by expln. (baa) below sub-section (4b)of section 80hhc of the act and do not form part of the profit of business. as such, we do not find ourselves .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-20-2006
Reported in : [2008]298ITR396(MP)
..... substance, the question that arises for consideration in this appeal is; whether issuance of notice under section 147/148 of the act, seeking to reopen the assessment for making reassessment for the assessment year in question (1982-83), is legally justified or not all the authorities below, i. ..... assessment was barred by time under the proviso to section 147 of the act ?2. heard shri k.n. puntambekar, learned counsel for the appellant and shri a.p. patankar, learned counsel for the respondent.3. in short and in ..... final hearing on following substantial questions of law :1. whether, in the facts and circumstances of the case, there could be recourse to the provisions of section 147/148 of the it act for reassessing the income of the assessee by including rs. 2,74,627 ?2. whether, in the facts and circumstances of the case, reopening of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-17-2006
Reported in : I(2007)DMC692
..... also been explained by the apex court in hiralal v. state : 2003crilj3711 , wherein it is held that:the expression soon before is very relevant where section 113b of the evidence act and section 304b, ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... 'soon before ' is not defined. a reference to the expression 'soon before used in section 114 illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft, is ..... for the proof of an offence of dowry death as well as for raising a presumption under section 113b of the evidence act. the expression 'soon before her death' used in the substantive section 304b, ipc and section 113b of the evidence act is present with the idea of proximity test. no definite period has been indicated and the expression .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-14-2006
Reported in : 2007ACJ2085
..... residence, therefore, the appellant was absolved of his liability.15. the contention cannot be countenanced. in view of the definition of 'owner' under sub-section (30) of section 2 of the act the person in whose name a vehicle stands registered continues to be the owner of the vehicle till the name of the transferee is substituted in the ..... the possession of motor vehicle is delivered to the purchaser, the registered owner is absolved of his liability. what is required for the purpose of sub-section (30) of section 2 of the act is that the name of the purchaser is recorded in the registration certificate. unless the name of the person is registered he cannot become the owner ..... 12-91 when his name was transferred in the record of the r.t.o. therefore, in view of the definition of the 'owner' under sub-section (30) of section 2 of the act the appellant alone was the owner of the offending motor cycle on the date of the accident. he was, therefore, responsible for the vicarious liability and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-18-2006
Reported in : 2006(3)MPLJ171
..... by the applicant being failed, present revision has been filed.3. learned counsel for the applicant shri harish kumar submitted that the mandatory provision of section 13(2) of the act were not complied with by the prosecution and a copy of the report public analyst with information regarding the right of the applicant for moving an ..... peon gajendra verman was examined and, therefore, there is absolutely no evidence to prove that copy of the report of public analyst alongwith notice under section 13(2) of the act was really forwarded to the applicant.7. i have considered the arguments advanced by shri harish kumar advocate for the applicant and perused the record. ..... ble supreme court on this subject, the observation made by learned additional sessions judge in his judgment does not appear correct. when no notice under section 13(2) of the act has even been served upon the applicant then definitely a serious prejudice has been caused to him.14. therefore, this revision succeeds and is allowed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-02-2006
Reported in : 2006(3)MPLJ280
..... factory, jhatera and had concealed the dead body wrapped in a gunny bag in a nala near sonbehri. on information of accused chandra kumar recorded under section 27 of the evidence act and at his instance the dead body was recovered from sonbehri nala and a case under merg was registered.3. during investigation, on the information of ..... apex court approved the observations made in the case of state of h.p. v. jeet singh reported in : 1999crilj2025 , holding:27. there is nothing in section 27 of the evidence act, which renders the statement of the accused inadmissible if recovery of the articles was made from any place which is open or accessible to other. 'it is a ..... fallacious notion that when recovery of any incriminating article was made from a place which is open or accessible to others, it would vitiate the evidence under section 27 of the evidence act. any object can be concealed in places which are open or accessible to others. for example, if the article is buried in the main roadside .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-30-2006
Reported in : [2006(110)FLR507]
..... proof in respect of a reference regarding retrenchment as also regularization and difference of wages and a reference regarding applicability of a notification issued under section 10 of the clra act are therefore, totally different.18. the apex court in the case of surendranagar district panchayat v. jethabhai pitamberbhai : (2005)8scc450 has held ..... to establishments coming up subsequent to issuance of such an omnibus and general notification as that would be contrary to the mandatory requirement of section 10 of clra act. i therefore, hold that the notification issued in 1975 has no applicability to the beharaband mine of the petitioner. it is clarified that ..... the government or local authority or any place where any industry, trade business, manufacture or occupation is carried on. these being the requirement of section 10 of the act, we shall examine whether the impugned notification fulfils these essentials.53. the impugned notification issued by the central government on 9-12-1976, .....
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