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 : 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 : 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 : 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 : Jan-02-2003
Reported in : 2003CriLJ4366; 2003(2)MPHT318; 2003(2)MPLJ539
..... found to be adulterated and hence the applicant was prosecuted after serving notice upon him.3. the learned trial judge framed charges under section 7(1) read with section 16(1)(a)(i) of the act which was abjured by the applicant.4. so as to bring home the charges the prosecution examined only food inspector, hardayal dubey. ..... of the view that the revision deserves to be allowed. before considering the rival contentions of the parties it would be relevant to mention rule 17 (a) of the act, which reads as under :--'17. manner of despatching containers of samples.--thecontainers of the samples shall be despatched in the following manner, namely :-- (a) the sealed ..... ordera.k. shrivastava, j. 1. the applicant has been convicted for the offences punishable under sections 16(1)(a)(i) and 7(1) of the prevention of food adulteration act, 1954 (hereinafter referred to as 'the act') and has been ordered to suffer sentence of rigorous imprisonment for six months and fine of rs. 1000/- and in default .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-02-2003
Reported in : 2003(3)MPHT29
..... not a substitute for a plea.'similar question has been considered by the apex court in parwatabai v.sonabai and ors. (air 1997 sc 381) : 'article 65 of the act postulates that for possession of immovable property or any interest therein based on title, when the possession of the defendant becomes adverse to the plaintiff, the suit has to be ..... against the co-sharers pleadings must be definite. there is no pleading in the case, that the appellant or their father mirra set up their title by any specific hostile act against other co-sharers in respect of suit land. plaintiff rajaram has appeared as p.w. 1. in his statement he has stated entirely different story. in para 2 ..... not confer any title to the land. the title would be derived from an instrument executed by the owner in favour of an alinee as per the stamp act and registered under the registration act.'the apex court in durga das v. collector and ors. [(1996) 5 scc 618] considered that the entries in the revenue record do not confer any .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-06-2003
Reported in : 2003CriLJ2222; 2003(1)MPLJ613
..... other accused persons except the appellant by the impugned order and judgment dated 31-1-1994 passed in sessions trial no. 190/ 87 and convicted the appellant of offence under section 302, i.p.c. and sentenced to imprisonment of life and a fine of rs. 1000/-, against which present appeal has been filed.4. the learned counsel of the appellant .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-08-2003
Reported in : 2004CriLJ3275
..... seek quashment of proceeding in criminal case no. 1525/90, pending against them, in the court of c.j.m. shahdol, for offences punishable under section 7 r/w section 16 of the prevention of food adulteration act.2. according to the prosecution, the sample of 'red kashmiri chilly', purchased from non-applicant no. 2, by food inspector, flying squad, shahdol, was found ..... meal worms the sample was unfit for human consumption. therefore, i am of the opinion that the prosecution has not established by any satisfactory evidence the requirement of section 2(1)(f) of the act.'but in referred case, the sample was not opined to be adulterated even on account of presence of insects whereas, in the present case, the director, central .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-08-2003
Reported in : [2003(97)FLR408]; (2003)IILLJ788MP; 2003(3)MPHT179
..... classified as workman whereas respondent can be classified as an industry. in a situation like the one, the petitioner can always invoke the provisions of section 10 of industrial dispute act by approaching to state government and seek reference to a labour court for adjudication of legality of his termination order. there is no reason why the ..... of the dismissal order.3. in my view learned counsel for the respondent seems to be right in his submission. the question whether references under section 10 of i.d. act can be regarded as an alternative and efficacious remedy or riot for entertaining the writ, came up for consideration before the supreme court in the case ..... of respondent which happens to be a government company is two fold. according to them firstly the remedy of petitioner is to seek reference under section 10 of the industrial dispute act for getting the issue of dismissal decided by the labour court and hence this court should not entertain the writ. in the second place, it .....
Tag this Judgment!