Court : Madhya Pradesh
Reported in : 2004(2)MPHT344
..... and the last date of submission of the forms was 20- 2-2003. the assistant surgeons working in the health department as well as employees' state insurance corporation applied for the examination and appeared in the entrance examination held on 9-3-2003 for the candidates/category meant for other than in-service candidates. as ..... available their services to the rural population; they have a temptation for staying in cities on account of better conditions, better facilities and better quality of life available not only to them but also to their family members as also better educational facilities in elite schools which are to be found only in cities ..... advance and knowing that by rendering service in rural/tribal areas they can capture better prospects of earning higher professional qualifications, and consequently eligibility for promotion, acts as motivating factor and provides incentive to young in-service doctors to opt for service in rural/tribal areas. in the set up of health services .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(1)MPHT16
..... be saved and he breathed his last after five days.8. it is no more in dispute that insurance company (defendant no. 3) is the insurer of defendant no. 4 (m/s book-n-cook agent of m/s hindustan petroleum corporation) and as such the insurance company was liable to indemnify the defendant no. 4, on account of the accident occurred. according ..... no. 5's house, on account of the bursting of the cylinder, when the deceased was trying to save the life of innocent infant. it shall be deemed that the deceased was third party and in that situation the insurance company is liable to pay the compensation.17. it be seen that the defendants did not examine either themselves or any ..... injustice makes us want to pull things down.'3. in the words of mr. william watson :--'let the justice be done, though the heavens fall.'4. adam l. gordon :--'life is mostly forth and bubble, two things stand like stone kindness in another's trouble, courage in our own.'if the fact and evidence of the present case is perused .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)192CTR(MP)423; [2005]274ITR625(MP)
..... subject to the limit of total income, i.e., 10,000'.10. in this regard we may refer with profit to the decision rendered in the case of general insurance corpn. of india (supra). in the said case the division bench of bombay high court while dealing with the deduction under section 80m held as under :'as regards ..... decisions rendered in the cases of cit vs . m.p. audyogik vikas. nigam ltd. : [1989]178itr177(mp) , cit vs . himachal pradesh finance corpn. and cit vs . general insurance corpn. of india : [2002]254itr203(bom) .6. to appreciate the controversy it is apposite to refer to section 36(l)(viii). the said provision reads as under :'(viii). in ..... be calculated on the basis of total income computed before making any deduction under chapter vi-a of the act. in view of this provision, it would not be permissible for the assessing authority, as held in ctt vs . bihar state financial corporation : [1983]142itr518(patna) , to find out what would be the total income after making the deduction .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]140TAXMAN388(MP)
..... but subject to the limit of total income, i.e. 10,000'.10. in this regard we may refer with profit to the decision rendered in the case of general insurance corpn. of india no. 1 (supra). in the said case the division bench of bombay high court while dealing with the deduction under section 80m held as under:-'as ..... by the decisions rendered in the cases of cit v. m.p. audyogik vikas nigam ltd. (1989) 178 itr 1772, cit v. himachal pradesh finance corpn. and cit v. general insurance corpn. of india (no. 1) : [2002]254itr203(bom) .6. to appreciate the controversy it is apposite to refer to section 36(1)(viii). the said provision reads as ..... to be calculated on the basis of total income computed before making any deduction under chapter via of the act. in view of this provision, it would not be permissible for the assessing authority, as held in cit v. bihar stale financial corporation : [1983]142itr518(patna) , to find out what would be the total income after making the deduction admissible .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPHT124; 2004(3)MPLJ505
..... he has further relied upon the decision of the apex court in rasiklal vaghajibhai patel v. ahmedabad municipal corporation and anr., air 1985 sc 504, in which it has been laid down that before punishing it is necessary that an act or omission is prescribed as misconduct, it is not open to the employer to fish out some conduct ..... . similarly, the petitioner granted bail for offence under section 326, ipc in which he had no power to grant bail since the offence was punishable with imprisonment for life. thus, several instances were brought to the notice to the high court which led to an inference that either the petitioner was totally ignorant of the bare provisions of ..... .,) which was a case under section 326 of the ipc. petitioner granted bail of which he had no power since that was an offence punishable with imprisonment for life. charge no. 14 related to awarding inadequate punishment in a case punishable under sections 338 and 304a of the ipc and those under section 7 read with section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2005)ILLJ254MP
..... res integra inasmuch as the apex court in the case of h. gangahanume gowda v. karnataka agro industries corporation limited air 2003 sc 1526 : 2003 (3) scc 40 while dealing with the provisions of the aforesaid statute and taking note of various decisions and the conception ..... what is stated above, the learned single judge could not refuse the grant of interest exercising discretion as against the mandatory provisions contained in section 7 of the act. the division bench, in our opinion, committed an error in assuming that the learned single judge could exercise the discretion in the matter of awarding interest ..... counsel for the petitioner is that there was delay in the payment of gratuity and the petitioner was not given the benefit as per the provision of the gratuity act, 1972. mr. samdarshi tiwari, learned counsel for the respondents supported the order passed by the appellate authority.3. the controversy raised in this case is more .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP125; 2005(2)MPHT233
..... liable for its price. the value of the damaged consignment has also been assessed on the market value of the undamaged consignment and after deducting the amount received from the insurance company, the balance has been debited to m/s agrawal steels. the damaged consignment has also been treated as sold to m/s agrawal steels. this value should ..... of the same 424.25 mt cement were damaged in transit due to rain in july and the respondents had recovered the whole price of the damaged cement from the insurance company. no cement was supplied by the respondents after the july, 1997 to 31 -3-1998 without assigning any reason. because of this non-supply the claimant suffered ..... award, on the facts of the case do not fall under section 34(2)(b) of the act. point 4 is held accordingly against the appellant.'15. at this stage we may profitably refer to the decision rendered in case of konkan railway corporation ltd. and ors. v. mehul construction company (air 2000 sc 2821). it is relevant to state .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)20VST853(MP)
..... expressed the view thus:46. the phrase 'including' has also been construed to expand the definition as held by this court in regional director, employees' state insurance corporation's case : (1991)3scc617 observed as under (page 620):the word 'include' in the statutory definition is generally used to enlarge the meaning of the ..... federal system', the learned author referring to the 'aspects of legislation' under sections 91 and 92 of the canadian constitution, i.e., british north america act, 1867, observes that 'one of the most interesting and important principles which have been evolved by judicial decisions in connection with the distribution of legislative power ..... services of goods transport operators, the persons rendering service are the persons chargeable to tax and responsible for collecting service tax and hence, the validating act which seeks to render the person availing the services and paying freight as person chargeable to service tax, on face of it offends article 14 of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP40; 2004(4)MPLJ168
..... back and this court time and again is permitting conversion of appeal into revision and revision into appeal. while delivering the later judgment in the case of food corporation of india (supra) single bench has not considered the previous judgments on this subject and ignored the principle of stare decisis. long settled view has been upset ..... of discretion. he submitted that if the revision is not maintainable, petitioner can file appeal explaining the delay by filing an application under section 14 of the limitation act alongwith memo of appeal. in support of his contention, he referred to the judgment in the case of rakesh shyamlal samaiya v. ajay kumar babulal jain (2000 ..... of central excise (1998) 3 scc 540 : air 1998 sc 1270 appeal was filed by an aggrieved party in the apex court under the central excise and salt act, 1944. a preliminary objection was raised by the revenue that no such appeal was maintainable. though the supreme court upheld the objection, it did not dismiss the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPHT102
..... the employer resisted the appeal contending that it was entitled to terminate the services of the appellant without assigning any reason as provided under section 58(1) of the act, if reasonable cause existed for such termination. it set out the grounds to show 'reasonable cause' in its reply, and also led in evidence to establish ' ..... inefficiency and general misconduct should be seen in the perspective of 'reasonable cause' for dispensing with the services of the appellant under section 58 (1) of the act. it should be remembered that the employer did not refer to any misconduct, inefficiency, or negligence in the letter of termination. it did not cast any stigma, ..... of penalty for misconduct.7. the term 'misconduct' has been used by the employer in the pleading not to refer to any specific instance of transgression or act of omission/commission which required punishment, but in general to refer to improper functioning, which is not conducive to efficiency and good work. the reference to the .....
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