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 : 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 : 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 : 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 : Dec-18-2003
Reported in : 2004(1)MPHT266
..... of the registrar before passing any order. the aforesaid submission is really to be tested as contended by mr. gupta on the touchstone of sub-section (4) of section 53 of the act. in the said provision the terms 'subject to control of registrar' and 'subject to instruction as he may, from time to time gives' are ..... within the stipulated period it was superseded and the joint registrar, co-operative societies, in exercise of the power conferred on him under sub-section (8) (ii) of section 49 of the act appointed the collector, mandla, as officer-in-charge of the bank and directed him to manage the affairs of the bank till the elections ..... tatha unki karya sthiti) niyam, 1983 [in short 'the 1983 rules'].3. being aggrieved by the aforesaid orders the employees/respondents instituted disputes under section 55 (2) of the act before the joint registrar, co-operative societies who found that the orders compulsorily retiring the employees were not approved by the registrar which was necessary and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-11-2003
Reported in : III(2004)BC456
a.k. awasthy, j.1. appellants/defendants have filed this appeal under section 100, cpc against the judgment and decree dated 13.8.87 in civil appeal no. 30-b/84 passed by the learned vith additional district judge indore, confirming the judgment .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-10-2003
Reported in : II(2004)DMC356
S.L. Kochar, J.1. This appeal has been directed against the judgment dated 13th June, 1997, passed by learned Sessions Judge, West Nimar, Mandleshwar in Sessions Trial No. 178/1996, whereby convicted the appellant for commission of murder of his wife, sentenced to R.I. for life.2. In nutshell, the prosecution case was that deceased Ayodhyabai was married before 10-12 years according to their village custom called Natra. In that (evening sic.) the appellant was beating his wife, deceased Ayodhyabai, who was running here and there to save her. But nobody rescued her because of fear of the appellant. Thereafter he had given electric current by live electric wire on several parts of the body resulting into her death and thrown dead body in the morning at 4.00 a.m. of 26.9.1995 outside his house and after putting the lock outside the door of his house, he went away. The incident was witnessed by mother of the deceased Gendabai (P.W. 2) who was residing in adjacent to the house of the appell...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-09-2003
Reported in : II(2004)DMC156
..... is contended by the learned counsel for the appellant that the learned trial court has not provided her permanent alimony under section 25 of the hindu marriage act. the application for providing permanent alimony was not filed by the appellant/defendant before the trial court. in these circumstances ..... dissolution of the marriage from the defendant on the ground that she has deserted him from 27.5.1990 and she has done act of mental cruelty by lodging false report against him in the police station.4. the defendant has denied that her behaviour with her ..... divorce. however, the appellant/defendant is at liberty to file application before the family court under section 25 of the hindu marriage act for permanent alimony.12. the appeal is devoid of merit and is hereby dismissed with no order as to costs. ..... a.k. awasthy, j.1. appellant/defendant has filed this appeal under section 28 of the hindu marriage act against the judgment and decree dated 31.7.1996 of dissolution of marriage on the ground .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-06-2003
Reported in : II(2004)DMC347
..... respondent that the appellant has filed the suit for divorce at the behest of her father and the family members. the respondent has filed separate application under section 9 of the hindu marriage act for restitution of conjugal rights with the appellant.6. the learned trial court after framing the issues has examined babita (p.w. 1), rajni (p.w ..... whereby the petition filed by the respondent for restitution of conjugal rights under section 9 of the h.m. act was allowed.3. the petition filed by the appellant for divorce in civil suit no. 16-a/97 and the petition filed by the respondent for ..... dismissing her petition filed for dissolution of marriage on the ground of cruelty.2. the appellant has filed another appeal (f.a. no. 476/97) under section 28 of the hindu marriage act against the same judgment and decree dated 30.9.1997 in civil suit no. 16-a/97 passed by the same learned iind additional district judge, dewas, .....
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