Court : Madhya Pradesh
Reported in : AIR1997MP223
..... behind giving all the aforesaid provisions is that the constitutional framers perhaps did not like to provide pension for these elected posts as against appointed posts like supreme court judges; high court judges, comptroller & auditor-general of india. likewise, no pension has been provided for the office of the attorney general or advocate general. the idea ..... be determined by or under law made by parliament. similar provision appears in the constitution for high court judges also, article 221, which reads as under :--'221. (1) there shall be paid to the judges of each high court such salaries as are specified in the second schedule. (2) every judge shall be entitled ..... respect of leave of absence or pension shall be varied to his disadvantage after his appointment.' article 125 of the constitution talks about salary of supreme court judges and clearly postulates that the judges shall be entitled to get salary as recommended by the parliament. article 125 also postulates that the judges .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT349; 2001(3)MPLJ1
..... subjects in engineering college for awarding revised pay scale. it was held that the action is violative of article 16 of the constitution.21. in another case the high court of andhra pradesh (1991) 1 andhra pradesh wr 236, considered the question where the recommendation made by the inter-departmental committee regarding revision of pay scales of government ..... in not giving the benefit of revision of pay rules to the respondents either before the single bench or in the present letters patent appeal.23. their lordships of the supreme court in the case of y. markendeya and ors. v. state of andhra pradesh and ors., air 1989 sc 1308 and in delhi municipal karmachari ekta union (regd.) ..... were same and both were granted the same pay scale, granting revised pay scale only to one of them was held to be discriminatory.15. their lordships of the supreme court in the case of p. savita and ors. v. union of india and ors., air 1985 sc 1124 also considered the question where the third pay commission .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1994MP94; 1994(0)MPLJ180
..... employees lower in status than the judges of the high court and the supreme court were getting higher salaries than the judges of the high court and the supreme court. the purpose therefore was to remedy this situation and not to permit even for a single day a situation to exist ..... government did not (want) to create a situation in which many central government employees would get higher salaries and total remuneration, than the judges of the high court and the supreme court at any point of time.8. it appears that a situation had been created between 1-1-1986 and 1-4-1986 in which several central government ..... all concerned conveying the decision of the government of india to accept the recommendation of the chief justice of india that salaries of the judges of the supreme court and the high court be revised from 1-1-1986, thedate from which the salaries of the central government employees were revised, instead of 1-4-1986 as per the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ545
..... concerned. it is also true that the seniority of the staff below the level of deputy clerks of court and clerks of court is districtwise and not statewise; nevertheless as the supreme court has indicated, the high court under its constitutional power under article 235 can transfer such officers and employees from the district to another. as ..... that is because of article 235 of the constitution which mandates that control over the district courts and courts subordinate thereto shall be vested in the high court.10. in r.m. gurjar's case, air 1992 sc 2000, the supreme court held that under article 235 of the constitution besides judicial officers, ministerial officers and servants ..... on the establishment of the subordinate courts are also subject to the control of the high court. this position of law has been reiterated by the supreme court in an appeal which went up from a decision of this court. in m. p no. 548/92, a lower division clerk in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT1
..... the issue of orders :-- (v) cases which affect the relations of the state government with the government of india, any other state government, the supreme court or the high court.' 64. shri rajendra tiwari, learned senior advocate has further contended that since the controversy was not brought to the notice of the governor as envisaged in ..... is also clear that initially the orders of the tribunals were kept out of the judicial review of the high court as the orders passed by the tribunals were directly amenable to the appellate jurisdiction of the supreme court. the supreme court in the case of l. chandra kumar v. union of india and ors., air 1997 sc 1125 ..... could be permitted to abolish the tribunal. 47. in l. chandra kumar's case (supra), the supreme court has held that the jurisdiction conferred upon the high courts under articles 226 and 227 of the constitution and upon the supreme court under article 32 of the constitution is a part of the basic structure of our constitution. while this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP205; [1970]76ITR404(MP); 1970MPLJ403
..... see also commissioner of income-tax v. vazir sultan and sons: : [1959]36itr175(sc) . these observations have been followed by the different high courts in india and by their lordships of the supreme court in dealing with payments given to an employee on cessation of employment. in such cases, the compensation was taken to be a capital receipt because ..... under section 7(1) of the income-tax act read with explanation 2, before its amendment in 1955. on a reference, the high court affirmed the decision of the appellate tribunal. on appeal to the supreme court, kapur and shah, jj. (hidayatullah, j. dissenting) held on the facts that the tribunal was in error in treating the subsequent ..... it is hereby agreed between the parties as under:-- 1. that the ex-employee shall forthwith take steps to have his above-mentioned suit in the bombay high court dismissed and give a complete and effectual discharge in respect of all his claims against the employer.2. that the employer agrees to pay to the ex- .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP25
..... strength of that unit. the authority does not seem to support the view raina, j. has taken.33. i might as well cite the authority of the supreme court in amalkumar roy's case, high court, calcutta v.amal kumar roy, air 1962 sc 1704. thefacts were these. the respondent was amunsif in the west bengal civil service(judicial). when the cases ..... class ii, amounts to 'reduction in rank'? 23. nigam's case, (1972 lab tc 95 (madh pra), went up in appeal to the supreme court and the order of this court was set aside. the said judgment of the supreme court is reported in registrar of high court of madhya pradesh v. b. a. nigam, 1973 mptj 680 = (air 1973 sc 1271). the judgment of the ..... the aforesaid questions it would be pertinent to take note of the fact that the decision of this court in b.a. nigam v. registrar, high court of m. p., 1971 mplj 973 = (1972 lab ic 95), has been set aside by the supreme court in registrar of high court of m. p. v. b. a. nigam, 1973 mplj 680 = (air 1973 sc 1371). learned .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP214; [2007(4)JCR580(MP)]; 2007(2)MPLJ594
..... society was 'state' within the meaning of article 12 of the constitution. after having found that the basic factual aspects were not placed, the supreme court held that it would be appropriate for the high court to examine the question in the background of what has been stated in the case of pradeep kumar biswas (supra).14. the tests laid down ..... in the case of pradeep kumar biswas (supra), were again applied by the two judges bench of the supreme court in the case of s.s. rana ..... our opinion in this judgment that the federation is 'state' within the meaning of article 12 of the constitution will apply to all cases pending before the high court and other courts and which may arise in future, and will not apply to those cases which have been finally disposed of.22. the consequence of our opinion that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2003]131TAXMAN124(MP)
..... . choudary v. cit : [1990]183itr29(ap) and held thus :'in the case of k.a. choudary v. cit : [1990]183itr29(ap) , the andhra pradesh high court has relied on the decision of the supreme court in gestetner duplicators (p) ltd. v. cit : [1979]117itr1(sc) and also on the decision in the case of m. krishna murthy v. cit : [1985] ..... the employees has to be computed after deducting expenditure is against the principle laid down in the decision of the supreme court in karmachari v. union of india : (2000)iillj603sc ..' (p. 470)24. recently a division bench of the rajasthan high court in the case of h.m. pareek v. cit referred to the decision rendered in the case of ..... , the circular in question was not brought to the notice of punjab and haryana high court, and therefore, that court was not in a position to comment upon the impact of the said circular.'27. in this context, we may profitably refer to the observation of the supreme court made in the case of wilh wilhelmsen v. cit : [1996]221itr244(sc) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2003)184CTR(MP)420; [2003]263ITR536(MP)
..... cit : [1990]183itr29(ap) and held thus (page 830) :'in the case of k.a. choudary v. cit : [1990]183itr29(ap) , the andhra pradesh high court has relied on the decision of the supreme court in gestetner duplicators (p.) ltd. v. cit : [1979]117itr1(sc) and also on the decision in the case of m. krishna murthy v. cit : [1985 ..... of the employees has to be computed after deducting expenditure is against the principle laid down in the decision of the supreme court in karamchari's case : (2000)iillj603sc .'25. recently a division bench of the rajasthan high court in the case of h.m. pareek v. cit referred to the decision rendered in the case of gopal krishna suri ..... circular in question was not brought to the notice of the punjab and haryana high court, and therefore, that court was not in a position to comment upon the impact of the said circular.'29. in this context, we may profitably refer to the observation of the supreme court made in the case of with wilhelmsen v. cit : [1996]221itr244(sc) .....
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