Court : Madhya Pradesh
Decided on : Jan-16-2003
Reported in : I(2006)ACC115; 2005ACJ1797
..... to be thoroughly inadequate. she will require medical treatment in future as well. it is a case of 100 per cent disability.8. in durgesh kumar yadav v. vimal, 2003 act 1374 (mp), compensation of rs. 6,14,000 has been awarded for 80 per cent disability under various heads like permanent disability (rs. 2,55,000), pain and suffering (rs .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-16-2003
Reported in : [2003(1)JCR655(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Mahesh Tewari, learned counsel for the petitioner and Mr. M.M. Banerjee, learned counsel for the respondents.2. Reference in this case may be made to the order dated 11.12.2002. The intention of the order was not to be told the technicalities or the jargon of the term 'MPQ'. The intention was that the BCCL should indicate as to how much coal is in a position to supply considering the fact that the petitioner had just taken its birth in the year 2000, It is nobody's case that this petitioner is fake or not a genuine entrepreneur. So many factors will have to be taken into consideration and one cannot lose sight of the economy of the new State of the Jharkhand. If an entrepreneur is forced to wind up within the archives of the definition of the word 'MPQ' or such other definition which are consigned or framed by the coal company, then the very purpose for which the coal companies have been formed and the very purposes for which an entrepreneur takes linkage...
Tag this Judgment!Court : Allahabad
Decided on : Jan-16-2003
Reported in : 2003(1)AWC544; [2003(96)FLR646]
M. Katju, J.1. This writ petition has been filed against the impugned order dated 26.9.2001, Annexure-1 to the writ petition and for a mandamus directing the respondents to promote the petitioner to the post of Deputy Director of Agriculture. 2. Heard learned counsel for the parties. 3. The petitioner was selected and appointed as Assistant Agriculture Engineer on 26.6.1972 vide appointment order dated 1.8.1972, Annexure-2 to the writ petition. It is alleged in Para 4 of the writ petition that the work and conduct of the petitioner since the date of his appointment has always been appreciated by his superiors and no adverse entry was ever awarded to him. The petitioner completed over 29 years as class II employee in the department. In para 6 of the writ petition it is stated that the petitioner was the senior-most person in his cadre as would be evident from the tentative seniority list prepared by the department on 22.5.2001 wherein the name of petitioner finds place at serial No. 1. ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-16-2003
Reported in : 2003(1)AWC790
M. Katju, J. 1. This writ petition has been filed for a writ of certiorari to quash the impugned demand notice dated 30.11.1988 copy of which is Annexure-5 to the writ petition and for a mandamus directing the respondents not to recover any amount towards excess transport wastage on rectified spirit in pursuance of the order of the U. P. Excise Commissioner dated 30.11.1988. 2. We have heard learned counsel for the parties. 3. The petitioner is a Company, which was granted a licence in Form P.D. 2 for manufacture of industrial and potable alcohol as also rectifiedspirit. The Excise Commissioner, U. P., issued a permit for supply of rectified spirit to the State Trading Corporation of India, Chanderlok, New Delhi, to the extent of 50 Lakhs bulk litres. The said amount of rectified spirit was to be supplied in conformity with I.S.I. specifications and the same was not to be below the strength of 66.0 degree O.P. The consignment was to be routed through the Bonded Warehouses, Budge Budge,...
Tag this Judgment!Court : Allahabad
Decided on : Jan-16-2003
Reported in : 2003(1)AWC787
M. Katju and Prakash Krishna, JJ.1. The present writ petition has been filed for a writ, order or direction commanding the respondents to forthwith consider the petitioner for promotion as Assistant Regional Transport Officer against vacancies of the year 1999-2000 and to permit the petitioner to function as Assistant Regional Transport Officer and to pay him salary accordingly. 2. On 13.5.1981, the petitioner was appointed as Assistant Regional Transport Inspector (Technical) and was given ad hoc promotion on 1.1.1988 as Regional Inspector (Technical). By the order dated 27.4.1995, the Transport Commissioner granted promotion to the petitioner as Regional Inspector (Technical) without making any reference to the U. P. Public Service Commission. The aforesaid promotion was granted to the petitioner when the U. P. Public Service Commission(Limitation and Function) (13th Amendment) Regulation, 1994, was in force. The promotions in pursuance of the said amended Regulation of 1994 were exc...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT West Bengal
Decided on : Jan-16-2003
Reported in : (2003)79TTJCal725
..... between the members originally constituting this bench, then point of difference of opinion was referred to hon'ble vice president (kolkata zone) as third member under section 255(4) of the it act.2. in accordance with the majority view after duly taking into account the opinion expressed by the learned third member, we hold that the payment of service ..... the relevant facts and determine for himself whether the commission said to have been paid to the selling agents or any part thereof is properly deductible under section 37 of the act." 15. in the light of the above well-settled judicial principles of law, let me proceed to consider as to whether in this case the assessee ..... a difference of opinion amongst the members constituting the bench in regard to the following issues. i was nominated as third member by the hon'ble president under section 255(4) of the it act, 1961 : "whether, on the facts and in the circumstances of the case, the payment of service charges of rs. 10,48,895 to shri .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jan-16-2003
Reported in : (2003)85ITD133(Kol.)
..... consider the relevant facts and determine for himself whether the commission said to have been paid to the selling agents or any part thereof is properly deductible under section 37 of the act." (p. 440) in the light of the above well settled judicial principles of law, let me proceed to consider as to whether in this case the ..... between the members originally constituting this bench, then point of difference of opinion was referred to honble vice president (kolkata zone) as third member under section 255(4) of the income tax act.in accordance with the majority view after duly taking into account the opinion expressed by the learned third member, we hold that the payment of ..... a difference of opinion amongst the members constituting the bench in regard to the following issues, i was nominated as third member by the honble president under section 255(4) of the income tax act, 1961 : "whether, on the facts and in the circumstances of the case, the payment of service charges of rs. 10,48,895 to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-17-2003
Reported in : 2003(1)ALLMR860; 2003(2)BomCR469
..... petition, were owners of different pieces of agricultural lands situated in village pedhambe, taluka-chiplun, district-ratnagiri. by different notifications issued under section 4 of land acquisition act, 1894 between the years 1967 and 1970, the petitioners' lands admeasuring about 100 acres were sought to be acquired for the public purpose ..... , namely, koyna hydro electric project, stage iii works. thereafter, notifications were issued under section 6, compensation paid and possession taken between years 1968 and ..... it is submitted that different pieces of land situated in village pedhambe were acquired for koyna hydro electric project stage iii works under the land acquisition act, 1894. the acquired land was also used for construction of residential colony (bharada), roads, etc. and converted into non-agricultural use. after .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-17-2003
Reported in : RLW2003(4)Raj2111; 2003(2)WLC492; 2003(1)WLN167
..... the guilty officer under the provisions of c.ca rules and in the case against the public representatives such action may be taken under section 38 of the rajasthan panchayati raj act. it is relevant to mention here that the above order dated 19 july 2001 was issued by the director, panchayati raj . department, ..... learned counsel for the petitioners frankly admitted that the petitioners are the government servant as defined in sub-clause (c) of section 2 of the rajasthan civil service (service matter appellate tribunal), act 1976 and their services are being governed by the rules of 1971, they are not the appointees under the rajasthan panchayati ..... for the petitioner admitted that the petitioners were appointed under the rules of 1971 and they are government servants as defined in sub-section (c) of section 2 of rajasthan civil service (service matters appellate tribunal) act, 1976. the tribunal established under the rules of 1976 is competent to decide the service matters given in sub .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-17-2003
Reported in : 2003(51)BLJR578; [2003(2)JCR348(Jhr)]
..... examination of a witness in connection with sessions trial no. 70/2000 arising out of g.r no. 624 of 1998 registered under sections 324, 302/34 of the indian penal code and 3/4 of the explosives substance act. 2. short fact of the case as alleged that one vishwanath singh while returning from the call of nature the accused devendra singh ..... . vishwanath singh sustained injury due to explosion of the bomb. in the meantime, accused persons fled away. later on the injured died due to said injuries. 3. the police investigated into the case and submitted charge-sheet against the accused persons. prosecution examined the witnesses and after closing of the prosecution case, a petition under section 311, cr pc was filed for .....
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