Court : Madhya Pradesh
..... in a mechanical manner the permission is granted. accordingly contending that no proper inquiry in the matter is conducted as required under section 5-a of the act or under section 40 of the land acquisition act, shri rusia submits that the action taken in the manner in a mechanical way by the collector is unsustainable. learned counsel ..... sabha. interalia contending that without taking note of these objections and in an arbitrary manner the impugned action is taken and a final notification under section 9(1) of the act has been issued on 18.7.2011 vide annexure p/25. this writ petition has been filed challenging the acquisition proceedings. 2- shri vivek ..... given by the collector for according approval, shri naman nagrath, learned senior advocate, argued that the action taken is after following the mandate of section 40 of the land acquisition act read with the statutory provisions contemplated in the rules of 1963, and by mere vague allegations it cannot be said that the inquiry is not .....
Tag this Judgment!Court : Madhya Pradesh
..... in a mechanical manner the permission is granted. accordingly contending that no proper inquiry in the matter is conducted as required under section 5-a of the act or under section 40 of the land acquisition act, shri rusia submits that the action taken in the manner in a mechanical way by the collector is unsustainable. learned counsel ..... sabha. interalia contending that without taking note of these objections and in an arbitrary manner the impugned action is taken and a final notification under section 9(1) of the act has been issued on 18.7.2011 vide annexure p/25. this writ petition has been filed challenging the acquisition proceedings. 2- shri vivek ..... given by the collector for according approval, shri naman nagrath, learned senior advocate, argued that the action taken is after following the mandate of section 40 of the land acquisition act read with the statutory provisions contemplated in the rules of 1963, and by mere vague allegations it cannot be said that the inquiry is not .....
Tag this Judgment!Court : Madhya Pradesh
..... an inspector. (2) no court below that of a presidency magistrate or of a magistrate of the first class shall try any offence punishable under this act. . in section 105 (1) of the act, it is mentioned that if any other complainant files a complaint in the case then, prosecution sanction in writing is required from the inspector of factories ..... , the applicants were not responsible for the safety of such employees of the contractor. in this context, if definition of a 'worker' is perused in section 2 (l) of the act then, it would be apparent that worker directly engaged by the employer or by a contractor is included in the definition of a 'worker', when he ..... 1962 (hereinafter it will be referred to as 'the rules') and therefore, according to the definition of a 'worker' given in section 2 (1) of the factories act (hereinafter it will be referred to as 'the act'), the occupier and manager of the factory can be prosecuted.7. after considering the submissions made by the learned counsel for the .....
Tag this Judgment!Court : Madhya Pradesh
..... d-1, whereby the revenue appeal filed by the appellant/plaintiff was dismissed. admittedly, the said proceedings were taken by the appellant/plaintiff before the revenue authorities under section 178 of the code, for partition but were dismissed by the revenue authorities on the ground that there was a title dispute which needed to be decided by the ..... that the appellant/plaintiff has not been ousted from the said property and, therefore, the period of 12 years prescribed under article 110 of the limitation act (hereinafter referred to as 'the act'), for filing a suit would not commence to run against the appellant/plaintiff. significantly, it is not even 11 s.a no.281/1995 the ..... family property which is the point of time from which the limitation prescribed under article 110 of the act starts running. in the absence of any ouster, it cannot be said that the limitation prescribed under article 110 of the act had lapsed.16. quite apart from the above, it is also clear that the order dated 29 .....
Tag this Judgment!Court : Madhya Pradesh
..... placed. a case of error in counting would fall within the purview of sub-clause (iv), and not sub- clause (iii) of clause (d) of sub-section (1) of section 100 of the act . [emphasis supplied].34. in an election trial, it is not permissible to court to permit a party to seek a roving inquiry and therefore, a party ..... (1) in an election petition wherein the limited relief sought for is the declaration that the election of the returned candidate is void on the ground under section 100(1)(d)(iii) of the act, the scope of enquiry shall remain confined to two questions: (a) finding out any votes having been improperly cast in favour of the returned candidate, ..... 68 (for short the constituency ) has been called in question on the grounds mentioned in sub-clauses (iii) and (iv) of section 100(1)(d) of the representation of people act, 1951 (hereinafter referred to as the act ). act. the petitioner has further sought 2 election petition no.9/2009 (i) an order for re-inspection/re-count of the votes .....
Tag this Judgment!Court : Madhya Pradesh
..... it commsioner's order. that m/s goyal builders had given the authority to sell the plot and commission was to be paid on the sale. as per section 132 of the act of 1961 in the case of shri ahsok goyal, proprietor of m/s goyal builders a note book marked as annexure cii containing sketch map of amardeep apartment . and ..... the sale proceed of rs.35,50,000/- accounted for in the books of accounts. the a.o. had determined the income at rs.2,84,000/- under section 44 ad of the act and separately deducted the commission of rs.20,19,700/-. accordingly, he had determined the total income at rs.25,03,700/-.6. the matter was challenged before ..... the premises of goyal builders in which some papers were found and some figures were noted in these papers. the department had taken action under section 132 of the act in the case of shri ashok goyal proprietor of m/s goyal builders and a note book marked as annexure cii containing sketch map of amareep apartment . and amar jyoti .....
Tag this Judgment!Court : Madhya Pradesh
..... diesel oil (iv) high-speed classifiable under diesel oil classifiable heading 27.10 of the under heading schedule to the said 27.10 of the act. schedule to the said act. 13. explosives would fall under column (2) being a tariff item in chapter 36; the intermediate product, namely, limestone would c.e.s.r.no. ..... packaging materials the cost of which is not included or had not been included during the preceding financial year in the assessable value of the final products under section 4 of the act; (iv) cylinders for packing gases; (v) plywood for tea, [chests; or].(vi) bags or sacks made out of fabric (whether or not coated, ..... section 35h of the central excise act, 1944. the facts of the case are that the respondent was engaged in the manufacturing of cement and was extracting limestones from the mines and for that purpose it was using explosives. the respondent had claimed modvat under rule 57a of the central excise rules, 1944 (hereinafter referred to as 'rules' for short) on the explosives .....
Tag this Judgment!Court : Madhya Pradesh
..... bottles are banned, the entire industries which are manufacturing pet bottle will be affected. it is also submitted that under the food safety and standards act, 2006, alcoholic drink is included in the definition of food under section 3(1) w.p.no.2509/2013 (j) and packaging any pet bottles is permissible under the rules namely food safety and standards (food ..... , be filed by 24.4.2013. be listed for hearing on 25.4.2013, for hearing on pending applications. c.c.as per rules. (krishn kumar lahoti) (smt. vimla jain) acting chief justice judge snb/-
Tag this Judgment!Court : Madhya Pradesh
..... whereby the matter was remanded to the trial court for retrial of the case, whereas the applicants were convicted for the offence punishable under section 304- a of ipc and section 5 (3) (a) of indian explosive act, 1984, vide judgment dated 12.7.2010 passed by the learned jmfc, chhatarpur (shri rajesh devaliya) in criminal case no.261/ ..... applicants for the aforesaid offences, whereas the appellate court remanded the case with the pretext that on the date of the incident, no provision of section 5 (3) (a) of the explosive act was in force and therefore, the applicant could not be convicted for that offence.4. i have heard the learned counsel for the parties.5 ..... highly objectionable that the matter was remanded against the applicants, so that they may be convicted for an appropriate offence of the explosive act. the learned additional sessions judge does not have the power under section 482 of the cr.p.c. and therefore, he could not pass such an order in the appeal filed by the applicants .....
Tag this Judgment!Court : Madhya Pradesh
..... entire objection of the applicants was with respect to maintainability of the eviction application and not with respect to seeking any leave to defend as prescribed under section 23-c of the act. this makes it clear that the application dated 31.5.2012 was subsequently inserted in the records. one more reason to give such a finding is ..... district judge betul by the applicants in the said appeal wherein they have said that no such leave was required to be obtained and such an appeal under section 31 of the act could have been filed before the court. 4: though no such leave to defend was obtained by the applicants, but they raised the objections, and contended ..... short).2: facts giving rise to filing of this revision are that the respondent claiming herself to be a specified landlord as defined under the act, made an application under section 23-a of the act, seeking eviction of the applicants. it was stated that the respondent was a widow. her late husband has obtained a lease of the land .....
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