Court : Madhya Pradesh
Decided on : Aug-14-2003
Reported in : 2004(2)MPHT10
..... accident did not result in any kind of permanent or partial disablement, then in such eventuality there arise no question of granting any compensation except what is provided under the act for pain/suffering and expenses etc.4. in this case, the tribunal found as a fact that the nature of injury sustained by the claimant was simple and did not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-05-2003
Reported in : II(2004)ACC423; 2004ACJ267
..... of which he died on the spot while sushma and dipco also got many injuries.3. matter was reported at police station, vijayraghogarh and crime no. 59 of 1991 under section 304a, indian penal code was registered and driver arrested. truck owner and driver are proceeded against besides the insurance company for causing accident and payment of compensation.4. rajendra kumar .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-30-2003
Reported in : 2004(2)MPHT457; 2004(3)MPLJ467
..... in a limited sense, as indicated in the contextin which it may have been used in a particular piece of legislation. theprovisions of the u.p. town improvement act particularly sections 45 to 49 and 54 and 54a when they speak of a certain building or street orsquare or other land vesting in a municipality or other local body or ..... vest in a limited sense, as indicated in the context in which it may have been used in a particular piece of legislation. the provisions of the improvement act, particularly sections 45 to 49 and 54 and 54a when they speak of a certain building or street or square or other land vesting in a municipality or other local body ..... appearing for the appellants and is also apparent from the interim orders passed by this court, the question for consideration no longer survives. further under section 4 of the repealing act all proceedings under the act must be held to have abated. in that view of the matter, we do not think it necessary to proceed with this matter. these .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-30-2003
Reported in : 2003(4)MPHT480; 2003(3)MPLJ464
..... for the respondents to prove these ingredients so as to attract applicability of sub-clause (bb) of section 2(oo) of the industrial disputes act, 1947. therefore, termination of the service of the petitioner is in violation of section 25f of this act. the petitioner is entitled to reinstatement. he will, however, not be entitled to back wages.7 ..... to termination on the expiry of the contract and the scheme or project coming to an end. the workman may not therefore, complain that by the act of the employer his employment was coming to an abrupt termination. to exclude the termination of a scheme or project employee from the definition of retrenchment it ..... government has accorded sanction to fill up 200 posts on contract basis. the municipal corporation has been held to be an 'industry' and the provisions of industrial disputes act, 1947 apply to the employees of the municipal corporation. recently the supreme court in s.m. nilajkar v. telecom district manager, karnataka, 2003(2) mplj 529, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-30-2003
Reported in : 2003(4)MPHT484; 2003(4)MPLJ288
..... continue till he completed 60 years of service'.6. in view of the wide phraseology in the definition of 'teacher' given in the explanation to section 2 (1-a) of the act, and in view of the nature of duties of a physical training instructor (sports officer) given in the decision of the supreme court referred ..... order dated 29-5-2001 (annexure r-l). learned counsel for both the sides were heard. as mentioned above teacher has been defined in the explanation to section 2(1-a) of the act. according to the explanation, the definition of 'teacher' is very wide. it means 'government teacher' by whatever designation called, appointed for the purpose of ..... .p. shaskiya sevak (adhivarshiki-ayu dwitiya sanshodhan) adhiniyam,1998 (hereinafter to be referred to as 'the act') the age of retirement ofteacher has been raised to 62 years. in this act, definition of 'teacher' has beengiven in the explanation to section 2(1-a). that reads : 'for the purpose ofthis sub-rule 'teacher' means a government servant .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-29-2003
Reported in : 2003(3)MPHT426
..... 'panchanama' of the dead-body and got the spot map prepared by the patwari. in furtherance to the investigation the investigating officer recorded the memorandum under section 27 of the evidence act of the accused laxman and on account of disclosure in the memorandum, a knife was seized vide ex. p-6. the investigating agency seized the wearing ..... the other accused persons caught hold of him. however, looking to the role assigned to them and their individual act, they have definitely committed the offence under section 323 of the ipc and we accordingly hold so.17. the next question which we have to decide that what offence laxman has committed. it ..... , it is difficult to hold that the accused persons, namely, hariram, beni and jhabbu shared the common intention to kill the deceased and as such their conviction under section 34/302, ipc can not be sustained in the eye of law. this is more so, as there is no evidence that when laxman was stabbing the deceased, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-28-2003
Reported in : 2003(4)MPLJ52; [2006]143STC58(MP)
..... contrary from the aforesaid discussions, it is clear that the impugned orders passed by the authority have been passed in utter violation of the provisions of section 45-a of the act of 1994 and also violating the basic rules of natural justice and also without hearing the petitioner. there is a clear-cut violation of the basic ..... assessment. in the case of ramdiyari khemka v. commissioner of income-tax : [1966]61itr600(cal) it has been held that a notice under section 33-b of the income-tax act was served to revive the assessment of the assessee. in that notice, the reasons given for revision of assessment were that on certain enquiries the ..... of law but futile exercise. he vehemently argued and opposed the action taken by the assistant commissioner. he cited the provisions of newly added section 45-a in the commercial tax act, 1994 and submitted before me that the assistant commissioner has neither followed the principles of natural justice nor the mandatory requirement under the law. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-28-2003
Reported in : 2003(3)MPHT446; 2003(4)MPLJ236
..... the respondents, who are experts in this branch, can not be disturbed by this court. the petitioner/company is covered by the definition of producer given in section 2 (di) of the act. 10. in the result this petition is allowed. it is declared that the business which was being carried on by the petitioner/company is covered by ..... it was using generators of less than 90 volts for operating welding machines and, therefore, it is not covered by the definition of 'producer' given in section 2 (di) of the act and it is not liable to pay electricity duty. 4. the respondents' case is that the petitioner/company is a contractor and it is not running any ..... energy by such industries, it is necessary and expedient so to do in the public interest. now, therefore, in exercise of the powers conferred by section 3-b of the madhya pradesh electricity duty act, 1949 (no. x of 1949), the state government hereby exempts with effect from the 10th december, 1980 all producers who run industries from payment .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-28-2003
Reported in : (2003)4CompLJ425(MP); [2004]49SCL552(MP)
..... its rehabilitation or winding up, this occasion may not arise. in either case, this court expressly grant liberty to the petitioner to file/renew their petition under section 433 of the companies act on the same cause of action against the respondent company in the event of the reference being rejected. it is at that time, this court may examine ..... the issue in the context of the requirement of section 433/434 of the companies act on merits, as to whether any case for winding up of the respondent company qua this creditor (petitioner) is made out or not and if so, ..... thereon and hence, need to file a company petition arose after serving a statutory notice under section 434 of the act.2. on behalf of the respondent company a shelter of section 22 of sica is taken. according to respondent, since the reference under section 15 of sica is pending before the bifr being case no. 128 of 1997 and hence, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-25-2003
Reported in : (2004)ILLJ560MP; 2003(3)MPHT514; 2003(4)MPLJ373
..... the government of india published in the gazette on 23-1-1982 is as under :--'in exercise of the powers conferred by clause (c) of sub-section (3) of section 1 of the payment of gratuity act, 1972 (39 of 1972), the central government hereby specifies 'local bodies' in which ten or more persons are employed, or were employed, on any day of ..... . the supreme court has held in bakshish singh v. darshan engineering works, (1994) 1 scc 9, that the provisions for payment of gratuity contained in section 4(1)(b) of the act are one of the minimal service conditions which must be made available to the employees notwithstanding the financial capacity of the employer to bear its burden. it is settled ..... unless under any other rule of the panchayat or the state government he has a right to receive 'better terms of gratuity' as per section 4(5) of the act. though there is an observation in the judgment dated 27-6-1997 in w.p. no. 1743 of 1997 that the gratuity is payable to the panchayat employees as per .....
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