Court : Madhya Pradesh Jabalpur
..... the authority to impose a punishment of lowering down the grade of an employee to any of the stages in the incremental scale and "a" used in the regulation shall include the plural in view of the provisions of section 13(2) of the general clauses act, 1897. ..... only one punishment at a time the reliance placed by the respondents on rule 13(c) of the general clauses act is misplaced and cannot be accepted.16. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... xxx(c) any assets represent either wholly or partly income or property which has not been, or would not have been disclosed for the purposes of the indian income-tax act, 1922(11 of 1922), or this act by any person from whose possession or control such assets have been taken into custody by any officer or authority under any other law for the time being in force, then, the director general ..... in lakhmani mewal das (supra), the supreme court while dealing with section 147 (a) of the income tax act held that grounds or reasons which lead to the formation of the belief contemplated by section 147(a) of the act must have a material bearing on the question of escapement of income of the assessee from assessment because of his failure or omission to disclose fully and truly ..... (supra), the supreme court while dealing with the provisions of section 132 of the income tax act relating to search and seizure which is pari materia to section 132-a of the income tax act has held that section does not confer any arbitrary power on revenue officers. ..... seizure of trading stock is prohibited under section 132(1b)(iii) of the income tax act and, therefore, taking of the possession of the trading stock in exercise of power under section 132-a of the income tax act is illegal and the same constitutes violation of fundamental right contained in article 19(1)(g) of ..... short facts, briefly stated giving rise to the instant petition, are that petitioner carries on business of sale and purchase of ornaments of .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... establishment was situated, would be the appropriate government;(b) after the said date in view of the new definition of that expression, the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the concerned central government company/undertaking or any undertaking is included therein eo nomine, or (ii) any industry is carried on (a) by or under the authority of the central government,or (b) by railway company; or (c) by specified controlled industry, then the central government ..... thus:(1)(a) before 28-1-1986, the determination of the question whether the central government or the stategovernment, is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression "appropriate government" as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry; or the establishment of any railway, cantonment board, major port, ..... the sail in violation of the agreement from may,1979 at kuteshwar and they were not paid similar wages as regular workers for similar work violating the statutory right of the workers under the mines act and under contract labour (regulation and abolition) act, 1970 (in short "clra act"). ..... . indian justice is, beyond atlantic liberalism, has a rule of law which runs to the aid of the rule of .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... it is true that complainant shital prasad(pw-2) and other eye witnesses did not depose about the specific acts of accused persons but they deposed that accused ramanugrah(a-2) had gandasa, sipahilal(a-1) had bullai, lakhpati had ballam i.e. ..... in these circumstances, question of title and possession of the disputed land is not material, therefore, we are not inclined to further discuss the same.28. ..... it is true that specific act of appellants/accused ramanugrah and lakhpati was not found in his police statement(ex.d-5), however the fact that all appellants came from back side and assaulted him, was narrated to the police. ..... in short, the prosecution case, is that on 14.11.94, at about 2:00 p.m. ..... considering the circumstances in which occurrence took place it was not possible for the witnesses to narrate specific acts in the assault. ..... it is a matter of common experience that when a group of person assault some one, it is not possible for him to attributed exact act of particular person. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... when the petition was filed the two grounds canvassed in the writ petition were:(a) that the transfer, which is made within a short period of 8-9 months after posting of the petitioner atjabalpur is illegal; and,(b) that the transfer is at the instance of the minister, who has acted malafidely in transferring the petitioner and posting respondent no.2 in his place.4- this court issued notices to respondents and granted stay. ..... interalia contending that in place of the petitioner respondent no.2 is being posted and the transfer of the petitioner within such a short duration is nothing but a malafide act on the part of the minister concerned and the department to somehow remove the petitioner from the post in question and in his place post respondent no.2, petitioner seeks interference into the matter.3- initially ..... provided in the code of civil procedure and code of criminal procedure and, therefore, for discharging the functions of a sub divisional officer and for exercising the duties statutory in nature under sections 72 and 57 of the indian forest act, it is emphasized that an employee like assistant conservator of forest has to pass a departmental examination consisting of three papers. ..... the case of the respondent that for posting in an important territorial region like jabalpur, a sub divisional officer should be well acquainted with the procedural aspects, as he is to discharge statutory functions under section 72 of the indian forest act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... appellants have filed these appeals against the judgment dated 15.09.2008 passed by thirteenth additional sessions judge (fast track) jabalpur in sessions trial no.378/2007 convicting the appellants under section 302/34 of the indian penal code and sentencing each of them to imprisonment for life with fine of rs.5000/-, in default of payment of fine, further rigorous imprisonment for 6 months.3. ..... yadav (pw-13) very honestly admitted that he was detained in jail in connection with a case registered under sections 324,326 of the indian penal code and that for about 7 months he had remained absconding. ..... contention of the learned counsel for the appellants is that since there is no allegation that appellant jittu @ jitendra caused any injury to deceased, his conviction under section 302 with the aid of section 34 of the indian penal code is illegal, and he deserves to be acquitted. ..... , in our opinion, it cannot be held that he did not act in furtherance of the common intention of all. ..... view of the above discussion, we are of the considered opinion that the court below has rightly appreciated the evidence on record and recorded the conviction of the appellants under section 302/34 of the indian penal code. ..... therefore, hold that appellant jittu @ jitendra has been rightly convicted under section 302 read with section 34 of the indian penal code. 25. ..... made by deceased to rajkumar (pw-2) and usha rani yadav (pw-5) was treated as oral dying declaration under section 32 of the evidence act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... if the appellant/accused has done such an act to outrage the modesty of the prosecutrix only then there was no need for the prosecutrix to inform about an exaggerated act to her mother, but prosecutrix and her mother have stated regarding intercourse, whereas by medical evidence it is proved that no such act took place with the prosecutrix. ..... prosecutrix is unable to give the details of the entire act though she was duly tutored by her advocate. ..... the prosecution case, in short, is that on 15.3.2009 prosecutrix p.w.2 was sitting in her house. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... resettlement policy which provides for computation of price of acquired land, it was pointed out that amount of compensation has to be assessed on higher scale than the one provided under the land acquisition act, 1894 as the policy provides that average sale price in the nearest town of similar size outside submergence area will form the basis of calculation of compensation and compensation for building will be ..... clause 2.2 and clause 2.4 of rehabilitation and resettlement policy we find that computation of price of acquired land has to be assessed on higher scale than the one provided under the land acquisition act, 1894 as the policy provides that average sale price in nearest town of similar size outside submergence area will form the basis of calculation of compensation and compensation for building will be ..... policy have been complied with is on the state as the material with regard to implementation of rehabilitation and resettlement policy is in the special knowledge of state government in view of section 106 of indian evidence act ..... the jurisdiction of grievance redressal authority to all the on- going projects of narmada valley development authority (in short 'nvda') except sardar sarovar project. ..... the grievance redressal authority (in short 'gra') was constituted for indira ..... the short facts necessary for adjudication of the controversy involved in the instant writ petition are that in the year 1972 the state of madhya pradesh for the welfare of the citizens had .....
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