Court : Madhya Pradesh
Reported in : 2000(1)MPHT623
..... a long rope by way of extension of probation, this court has said that the termination of orders cannot be held to be punitive. [see in this connection hindustan paper corporation v. purnendu chakrobarty, (1996) 11 scc 404, oil & natural gas commission v. dr. md. s. iskender ali, (1980) 3 scc 28 :1980 scc (l & s) 446, unit trust of ..... those cases the authority may not hold an inquiry and may simply discharge the probationer with a view to giving him a chance to make good in other walks of life without a stigma at the time of termination of probation. if on the other hand, the probationer is faced with an enquiry on discharges of misconduct or inefficiency or ..... termination during the period of probation after giving one month's notice or payment of one month's salary in lieu thereof, is contrary to section 23 of the contract act and opposed to public policy and also violative of the provisions of article 14 of the constitution of india.5. i have heard the learned counsel for the parties, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]102CompCas300(MP); 2000(3)MPLJ207
..... to be held that these educational institutions discharge public duties.'10. the court later recorded caution and struck balance in air india statutory corporation v. united labour union : (1997)illj1113sc holding as under :'in life insurance corporation of india v. escorts ltd. : 1986(8)ecc189 , this court had pointed out that the difficulty will lie in demarcating ..... be subject to the writ jurisdiction depending upon the nature of the action complained of and the obligation arising out of it, having its genesis in the act, rules and bye-laws framed thereunder.27. therefore, while agreeing with the reasoning of the writ court partly these appeals are allowed to the limited extent ..... imposed by statute. it may be sufficient for the duty to have been imposed by charter, common law, custom or even contract'. (judicial review of administrative act, 4th edition, page 540). we share this view. the judicial control over the fast expanding maze of bodies affecting the rights of the people should not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ632
..... authorities clothed with that law are long enough to reach the factum behind the facade. if it were not so the business morality would be a casualty.10. in life insurance corporation of india v. escorts limited, air 1986 sc 1370 the supreme court has held that generally and broadly speaking, it may be said that the ..... a company is a juristic entity and it is distinct from its directors and shareholders. it is an abstraction of the law. its corporate personality receives legal recognition. after its incorporation under section 34 of the companies act, 1956 it has a separate legal existence and the law recognises it as a legal person separate and distinct from its members. ..... of the business of the old company has been 'entirely transferred' to the petitioner no. 1 within the meaning of section 33 of the m. p. general sales tax act, 1958. the broad circumstances which have been relied upon for this finding are (a) shri navdeep singh khera was the director of the old company and he is also the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP101
..... instituted and not when the arbitrator actually takes up the matter, as also to the decision of the delhi high court in. air 1972 delhi 182: maharaj singh v. vulcan insurance co. ltd. and in union of india v. m/s. vljay construction co. (air 1981 delhi 193) (supra). in the present case, as observed by us above, ..... basis of section 37(3) of the arbitration act.' 13. it is clear from the reasons that the notice was served by the company by letter dated 8 ..... provision intends to relieved a party from the hardship of the limitation act. therefore, the deeming provision of section 37(3) is applicable to this case. reference may be made to penukonda v. balasubramaniam, air 1949 mad. 559 (db) and maharaj singh v. vulcan insurance co. ltd., air 1972 delhi 182. accordingly i rejected the plea of limitation on the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP247
..... so, in a non-speaking manner when the issue of arbitrability was raised. mr. tankha has placed reliance on the decisions rendered in the cases of orissa mining corporation v. prannath vishwanath rawelley, air 1977 sc 2014, associated engineering company v. govt. of a.p., air 1992 sc 232. tamil nadu electricity board v. bridge ..... the matters which were not within his domain. it is well settled in law that the arbitrator cannot travel outside the permissible territory and cannot choose to act arbitratorily, irrationally, capriciously or independently of the contract. his sole function is to arbitrate in terms of the contract if this is not religiously followed he ..... the parties. the venue of arbitration shall be the ispat bhavan, bhilai steel plant. bhilai (mp). subject to above, the provision of the indian arbitration act, 1940 and of the rules thereunder and all statutory modification thereof shall govern such arbitration proceedings and shall be deemed to apply to and be incorporated in this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)ILLJ358MP; 2000(1)MPLJ26
..... under section 5a and section 5b respectively, of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), or the 'indian airlines' and 'air india' corporations established under section 3 of air corporation act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956) or the oil and natural gas commission established under section ..... 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation act, 1962 (58 of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... under section 131(1a) can be only exercised after recording satisfaction for search and seizure under section 132(1) would render, nugatory the substitution of and incorporation by the amendment act, the four categories of officers under section 131(1a), namely, director general, director, deputy director and assistant director (investigation) apart from the authorised officers, as the effect ..... the persons involved, who are very influential and powerful in the present set up ; that the matter discloses a definite nexus between crime and corruption in public life at high places in the country which poses a serious threat to the integrity, security and economy of the nation ; that probity in public ..... life, to prevent erosion of the rule of law and the preservation of democracy in the country, requires that the government agencies be compelled to duly perform .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ3632
..... more) caused death of smt. dharambai, everyone of dacoits becomes punishable with offence under section 396, i.p.c. which is punishable with death or imprisonment for life or imprisonment of 10 years.36. thus, the accused persons namely; kunwarlal, shyamlal murli, dhaniram, sunnulal and ghaseeta committed offence punishable under section 395, i.p ..... from the above circumstances, it has been clear to us that inference of dacoity has to be taken, inter alia under section 114, illustration (a) of evidence act, against accused kunwarlal, shyamlal, murli, dhaniram, sunnulal and ghaseeta. the murder in this case was part of the transaction of dacoity. whichever dacoits participating in the ..... officers who arrested these accused and interrogated them and in whose presence disclosure statements were made by them which are claimed admissible under section 27 of the evidence act, are pw 22 n. k. upadhyay, s. i., pw 23, i.b. singh bhadoria. then there are two naib tahsildar and one addl. tahsildar .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ432
..... the course of his work;(p) unauthorised absence from duty for more than ten consecutive days;(p-1) obtaining financial assistance from the employees state insurance corporation on the basis of tax on forged documents,(q) a minor misconduct of which a workman is found habitually guilty, i.e. for not less ..... 1794, at page 1851 held that the standing orders of the rajasthan state road transport corporation could not permit retrenchment without complying with chapter v-a of industrial disputes act, 1947. clause 13(1) of standing orders of aforesaid corporation provided termination of employment of permanent employees by giving notices as per clause (a) ..... of the undertaking;(f) . drunkenness, riotous or disorderly behaviour, during working hours at the undertaking or conduct endangering the life or safety of any person, intimidation, physical duress or any act subversive of discipline;(g) collections of any moneys within the premises of the undertaking for purpose and by persons not authorised .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000ACJ474
..... hence, he will not be a 'third party' falling within the ambit of 'any person' so as to meet the requirement of section 95 of the act. therefore, the insurer would not be liable as the risk was not covered by endorsement no. imt-5 as the claimant being not a workman within the scope of workmen's ..... medical claim policy and by the employer. to that the claimant is not entitled. this court considered the question in krishnasaran shrivastava v. m.p. state road trans. corporation m.a. no. 516 of 1995; decided on 12.9.1997, wherein it has been observed that the claimant could not have got medical reimbursement under the m.p ..... due to which he is not able to walk, run or sit properly. there is a loss of expectation of life on account of injury. he had to suffer inconvenience, hardship, discomfort, disappointment, frustration and mental stress throughout the life. therefore, on some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of disability caused .....
Tag this Judgment!