Court : Madhya Pradesh
Decided on : Jan-06-1989
Reported in : (1990)ILLJ583MP; 1988MPLJ640
..... rules regulating his recruitment and conditions of service. but, it has also to be seen if the petitioner could have, even otherwise, made 'application' under section 19 of the act to the tribunal, for he is not to be left remedyless. we reiterate in this context that high court's residuary jurisdiction stands unaffected and refusal to ..... constitutionally as also statutorily and the extent of exclusion of high court's jurisdiction is also similarly defined in clear and unambiguous terms. an application under section 19 of the act can be entertained by the tribunal to deal with grievances of only such a person in the employment of the state with respect to whom the tribunal ..... post under the state', which is common in its essential part to articles 309-311, 323a of the constitution as also clauses (a) and (b) of section 15(1) of the act. that position is made further clear by the conjunction 'and' which appears before the words 'pertaining to the service of such person' in clause (b) and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-10-1989
Reported in : 1989MPLJ422; [1991]81STC269(MP)
..... therefore, the petitioner is not a dealer in the madhya pradesh state within the meaning of the m.p. general sales tax act.6. the relevant charging section under the entry tax act is section 3(1)(b), which provides that on the entry in the course of business of a dealer of goods specified in schedule iii ..... back after the work is over. the work undertaken by the petitioner at malajkhand does not bring it within the definition of 'works contracts' under section 2(m) of the act, which relates to construction of buildings, dams, bridges and other immovable property, erection of factories, installation of machineries, etc. the petitioner's work ..... courts will issue appropriate orders or directions to prevent such consequences. writ of certiorari and prohibition can issue against income-tax officer acting without jurisdiction under section 34 of the income-tax act.'the supreme court further held that when an action of the income-tax officer is without jurisdiction, though there is other remedy .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-12-1989
Reported in : 1990CriLJ262; 1989MPLJ506
..... as the members of that assembly knew to be likely to be committed in prosecution of the common object. thus, before persons are held guilty under section 149 vicariously for the act of another member of the unlawful assembly, the charge must bring out that precise common intention. in any case, from the entire reading of the ..... during the incident the victim was killed. it was held that members who did not cause any fatal injury could not be held guilty under section 302, read with section 149 or section 34 indian penal code. in thakur shah v. emperor, air 1943 pc 192 which has been relied upon by the learned counsel appearing for ..... the beating still continued. this witness was subjected to a searching cross-examination. some contradictions were brought about in his deposition with the statement made by him under section 161 criminal procedure code, vide ex. b/4. the contradictions so brought about, in our opinion, do not render his testimony unreliable. it is true that like harnarayan, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-17-1989
Reported in : II(1989)ACC262
B.B.L. Shrivastava, J.1. This appeal arises out of award dated 13-7-81 in claim case No. 28/78 of the Court of Motor Accidents claims Tribunal, Dewas, allowing no compensation to the applicant-appellant, in respect of death of his son aged about 14 years, in the accident by the M.P.S.R.T.C. Bus in question.2. Appellant-applicant's case is that deceased had died in consequence of injuries sustained due to rash and negligent driving of the said bus and compensation of Rs. 30,000/- was claimed, which was resisted on the ground that the accident in question was for no fault of the bus driver, who was also not the authorized driver, and deceased who had suddenly emerged on the road from behind a stationary vehicle himself dashed against the M.P.S.R.T.C. Bus, which had by then stopped also.3. Driver Abdul Gani NAW 1 in his evidence does not state that the deceased dashed against the M.P.S.R.T.C. bus when it had already stopped. On the other hand, he admits (NAW 1 Para 8) that his bus had sto...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-25-1989
Reported in : 1989CriLJ1279; 1989MPLJ153
..... foregoing discussion it has to be held that search of the premises occupied by the accused without the accused being compelled to be party to such search as provided under section 93(1 )(c) of the code would pot be violative of the constitutional guarantee enshrined in article 20(3) of the constitution. the view taken by the ..... upon his personal knowledge and which when proved may have the tendency to incriminate the accused. however, such a search and seizure pursuant to a search warrant issued under section 93(1)(c) will not have even the remotest tendency to compel the accused to incriminate himself. he is expected to do nothing. he is not required to ..... is directed against the order dt. 3-4-1984 passed by the judicial magistrate first class, neemuch in criminal case no. 190 of 1981 whereby the petitioner's application under section 93 of the cr. p.c., 1973 (for short 'the code') for issue of search warrant has been rejected.2. circumstances giving rise to the revision petition are .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-02-1989
Reported in : II(1989)ACC35
..... respondent-claimant no. 1, wife of the deceased prabhulal and respondent-claimants nos. 2 to 7, the minor children of prabhulal filed an application under section 110-a of the motor vehicles act, 1939 (for short of act) and claimed compensation on rs. 75000/- for the death of prabhulal, which occurred due to the use of the tractor. the appellant, driver and the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-02-1989
Reported in : II(1989)ACC20
..... the appellant contended that this is the rarest of rare cases where the appellant-corporation could get an opportunity to challenge the award because in the application under section 110-a of the act, the monthly income of the deceased in para 3 has been stated as rs. 300/- per month and the widow has also admitted in her statement that the ..... this appeal are: that the respondents-claimants no. 1 to 5 filed an application under section 110-a of the act against the appellant and the respondent no. 6, the driver of the motor vehicle, claiming compensation of rs. 1 lac for the death of ibrahim, the husband of ..... s.k. dubey, j.1. the m.p. state road transport corporation has preferred this appeal under section 110-d of the motor vehicles act, 1939 (for short 'the act'), against an award dated 12-1-1984, passed by shri ravi verma, member, motor accidents claims tribunal, indore in claim case no. 54/82.2. the brief facts leading to .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-18-1989
Reported in : [1991]81STC242(MP)
..... years. with these directions, the cases were remanded to the assessing authority. being aggrieved, the assessee and the revenue simultaneously applied for making references under section 44 of the state act and this is how the aforesaid questions of law were referred to this court by the tribunal.7. shri b.l. nema, the learned counsel ..... 1978, on appeals against the fresh assessments after remand. the assessee preferred further appeals before the tribunal. the revenue also filed applications for enhancement under section 38(5) of the state act. it was contended on behalf of the revenue that the transactions ought to have been treated as transactions of sale and not those of hire- ..... the hire money :(i) interest on investment at 15 per cent ;(ii) reasonable profit on investment, say 10 per cent ;(iii) penalty under section 10a of the central sales tax act, 1956, which the assessee would be required to pay if the hire-purchases were annulled and the sale did not materialise ; and(iv) the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-22-1989
Reported in : AIR1990MP331; 1990MPLJ382
..... . c. co. workers' union, air 1961 patna 15, a division bench held that a registered trade union which is a body corporate within the meaning of section 13 of the trade unions act can institute a suit in forma paupersis. similarly in jogesh chandra v. shri iswar braja raj jew thakur, air 1981 cal 259, held that a deity as ..... entitled to property worth more than one thousandrupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit. proviso to section 60 of the code, which gives a list of properties exempt from attachment and sale in execution of decree, however mentions the necessary wearing apparel. a firm cannot wear ..... person. the suit was accordingly registered as c. s. no. 23-b of 1977.4. on 5-2-1985, the respondents, in this appeal moved an application under section 151 of the code alleging that the high court in misc. appeal no. 160 of 1979 held that the appellant is not an indigent person, andtherefore, the application under rule .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-24-1989
Reported in : (1989)77CTR(MP)193; [1989]178ITR616(MP)
..... the case record of the petitioners and the reasons recorded have been filed as annexure 'r-1'.7. according to the respondents, a search under section 132 of the act was conducted in the business premises and at the residential premises of the partners. during the search operation, huge unexplained stock and benami investments were ..... in question. therefore, the notices impugned (annexure 'f') have been issued without the existence of any requirement under clause (a) or clause (b) of section 147 of the act.5. the petitioners had, in their returns for the relevant years, placed before the income-tax officer all the relevant material facts necessary for assessment. therefore, ..... it was stated that the income-tax officer had reason to believe that income which was chargeable to tax had escaped assessment within the meaning of section 147 of the act and the petitioners were asked to file returns for the assessment years 1982-83 to 1984-85.4. according to the petitioners, the aforesaid notices .....
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