Court : Madhya Pradesh
..... , advocate for the appellant. shri anubhav jain, advocate for the respondent no.1. ------------------------------------------------------------------------------------- order {17-12-2012 } this appeal under section 82 of the employees state insurance act, 1948 (for short the esi act .) has been filed by the employer against the order dated 5.3.2003 passed by the esi court in case no.3/95/esi ..... whether they are employed as daily wager or on permanent basis. in this regard, my attention has been drawn to section 2(12)(a) of the unamended esi act. the present definition of factory . under section 2(12) has been enacted with effect from 01.06.2010. learned counsel by placing reliance upon the decision of ..... been directed to pay rs.8,978.40 towards the esi contribution.2. the contention of learned counsel for the appellant is that the provisions of the esi act shall be applicable only if m.a. 1085/2003 -2- 10 or more employees are employed in the manufacturing process with the aid of power .....
Tag this Judgment!Court : Madhya Pradesh
..... in the seventh schedule of the constitution of india which reads as follows: seventh schedule [article 246].list i union list 1. ***** **** ***** 2. ***** **** ***** 3. ***** **** ***** 4. ***** **** ***** 5. arms,firearms,ammunition and explosives. further, by reason of article 162 of the constitution of india, according to the petitioners.the executive powers of a state can only be coextensive with the powers of the ..... itself does not have power to make laws in this regard. learned counsel for the petitioners relies on section 44 of the arms act enacted by the parliament which authorizes the central government to make rules of the arms act. section 44(2)(e) of the arms act, 1959 reads as follows: 4. power to make rules:- (1) **** **** (2) (a) **** **** (b) **** **** (c) **** **** (d) **** **** (e) the .....
Tag this Judgment!Court : Madhya Pradesh
..... entered into between the employer and workers.union for extra payment of compensation. thereafter, challenging the said agreement and complaining non-compliance of provisions of section 25-n of the act, thus seeking to set aside retrenchment claim, was made before the labour court, bhopal, which was allowed. the appeal was preferred by the ..... respondents is covered under the aforesaid definition).retrenchment of workmen is obvious and compulsory. such retrenchment would not be covered under the retrenchment protected under section 25-n of the act. 9 : as is contended by learned senior counsel for petitioners.the laws laid down by the apex court which have taken note of by ..... ltd.(supra) and hari prasad shivshankar shukla (supra).but mainly the consideration was what would amount to retrenchment as prescribed in section 25f of the act and as is defined in section 2(oo) of the act. in none other but definite words the meaning 'retrenchment' was interpreted by the apex court in the case of hari .....
Tag this Judgment!Court : Madhya Pradesh
..... the immovable property cannot be transferred and it cannot be said to be a valid conveyance. in this context, learned counsel has placed reliance upon section 17 of the indian registration act, 1908 and also on the decision of bombay high court gango co-operative housing society ltd. mumbai vs. municipal corporation of greater bombay and ..... even otherwise, admittedly the valuation of the suit building is more than rs.100/- and if that would be the position, in terms of section 17(b) of indian registration act, the registration of the documents is mandatory. it is not the case of the defendants that the building in question has f.a. 100/1996 ..... conveyance deed. the term transfer of property . has been defined in section 5 of the transfer of property act, 1882 and it would be appropriate to quote section 5 which reads thus:- 5. transfer of property . defined.- in the following sections, transfer of property . means an act by which a living person conveys property, in present or in future, .....
Tag this Judgment!Court : Madhya Pradesh
..... this would not mean against whom a partition decree has been passed cannot be said to be a judgment-debtor. the term decree- holder . has been defined in section 2(3) of cpc which means any person in whose favour decree has been passed or an order capable of execution has been made. if this provision is applied ..... jlj sn 6.and narayan purushottam bansod vs. ramchandra mudalji choudharkar and others air 194.nagpur 177. learned counsel has also invited my attention to various provisions of partition act, 1893 and prayed that the auction sale may be set aside.6. learned counsel submits that since decree is for partition, therefore, the present appellants cannot be said ..... and the civil court rules were totally ignored and were not followed and in this regard my attention has been drawn to rule 208 of m.p. civil court act, 1958. learned counsel has also placed reliance on several decisions to set aside the auction sale, they are 4 m.a. 4455/2011 mahakal automobiles and another vs .....
Tag this Judgment!Court : Madhya Pradesh
..... on the basis of aforesaid discussion, the appeal filed by the appellant is hereby partly allowed. the conviction directed against the appellant for the offence punishable under section 326 of ipc is hereby affirmed but his jail sentence is reduced to the period, which he has already undergone in the custody. no change in the fine ..... any specific plea but no defence evidence was adduced.4. the learned sessions judge after considering the prosecution s evidence convicted the appellant for the offence punishable under section 326 of ipc and sentenced as mentioned above.5. i have heard the learned counsel for the parties.6. the learned counsel for the appellant has submitted ..... some grievous injuries on her face. therefore, the learned sessions judge has rightly convicted the appellant for the offence punishable under section 326 of ipc. 1 so far as the sentence is concerned, the overt act of the appellant is brutal. he was not expected to assault his own wife in such a manner and therefore, no .....
Tag this Judgment!Court : Madhya Pradesh
..... that the product in question was not soap and in fact was detergent, then the tribunal was within its jurisdiction to record such a finding. under section 254 of the income tax act the appellate tribunal is having power to re-appreciate the evidence and to record a finding. in view of this, the aforesaid finding cannot be ..... . 2. that the cit(a) recorded a finding that the product in question was a soap and the assessee was not entitled for deduction under section 80ib of the income tax act. it is submitted by shri lal, learned counsel appearing for the revenue that there was no new material before the board to record the aforesaid finding ..... by the assessee, recorded a finding that the product manufactured by the respondent was detergent and not soap, so the respondent was entitled for deduction under section 80ib of the income tax act. this order has been assailed by the appellant on following grounds:- 1. that the tribunal was having no jurisdiction to reassess the evidence and to .....
Tag this Judgment!Court : Madhya Pradesh
..... stated that the respondent no.3 being general manager in the petitioner/ institution was not falling under the definition of employee . defined under section 2(e) of payment of gratuity act and in such premises also he was not entitled for the alleged sum of the gratuity under that enactment. in the cours.of argument ..... aggrieved by such order, the petitioner filed the appeal. on consideration, without considering the aforesaid objections, taking into consideration the subsequent amendment of section 4(3) of the payment of gratuity act, by affirming the order of the controlling authority anenx.p/6, on facts the awarded sum was reduced from the 2 aforesaid sum to ..... the aforesaid factual matrix of the matter and the arguments advanced by the counsel, on going through the definition of employee . enumerated under section 2(e) of the payment of gratuity act it has been revealed that the respondent no.3 who retired from the post of general manager was fully covered with this definition. so, .....
Tag this Judgment!Court : Madhya Pradesh
..... such circumstances, the prosecutrix could not prove that she was of a scheduled caste. hence, the appellant could not be convicted for the offence punishable under section 3(1)(xi) of the special act.10. the prosecutrix (pw-2) has stated that the appellant came to the spot and held her hand and tried to take her inside the ..... past.4. the learned special judge, after considering the evidence adduced by both the parties, convicted him for the offences punishable under section 354 of ipc read with section 3(1)(xi) of the special act and sentenced as mentioned above.5. i have heard the learned counsel for the parties.6. the learned counsel for the appellant has ..... judge, mandla in special case no.20/96, whereby the appellant was convicted for the offences punishable under section 354 of ipc read with section 3(1)(xi) of the sc/st (prevention of atrocities), act (hereinafter referred to as the 'special act') and sentenced for six months' r.i. with fine of `500/- and in default of payment of .....
Tag this Judgment!Court : Madhya Pradesh
..... during the cours.of survey at the premises of shri subhash khusiramani on 03.09.2001 and further failed to enforce attendence of assessee to summons under section 131 of income-tax act-1961 which were issued on various dates which would have enabled the department to enforce production of documents which were inventorised on 03.09.2001 and ..... 08. three charges levelled against him were that- article-i while functioning as dctt. range-1. gwalior had conducted survey along with other officers and inspectors under section 133a of the income-tax act-1961 under authorisation of jctt, range-1, gwalior at business premises of shri subhash khusiramani on 03.09.2001. on the day of survey & subsequently. ..... a manner prejudicial to the interest of the revenue. article-iii conducted survey along with other officers and inspectors under section 133a of the income tax act, 1961 under 3 w.p.no.17009/2012 authorization of jcit, range-ii, gwalior at business premises of m/s.bhagati tyres pvt.ltd.on 14.09. .....
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