Court : Madhya Pradesh
Decided on : May-08-1995
Reported in : 1995(0)MPLJ896
ORDERS.K. Dubey, J.1. The petitioner employer, by this petition under Article 226/227 of the Constitution of India has challenged the ex parte award of the Labour Court (Annexure P-2) dated 15-7-1987 directing reinstatement and the order dated 10-8-1987, modifying the award of reinstatement with back wages and the order dated 20-2-1991 dismissing the application of the petitioner for setting aside the ex parte award.2. Facts are not in much dispute. Respondent No. 4 was employed on 1-12-1981 in the establishment of the petitioner whose services were terminated vide order dated 27-4-1983. The Respondent No. 4 raised an industrial dispute which was referred under Sections 10 and 12 of the Industrial Disputes Act, 1947 (for short the Act') for adjudication of the Labour Court at Bhopal. The Labour Court issued the notice to the parties. The respondent No. 4 filed its statement of claim so as also the petitioner filed the written statement taking plea that the respondent No. 4 was employed...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-16-1995
Reported in : AIR1996MP68; 1996(0)MPLJ697
R.S. Garg, J.1. The defendants Nos. 1and 3, being aggrieved by the judgment and decree, dated 6-3-1984 passed in Civil Suit No. 94B of 1976 by the First Additional Judge to the Court of District Judge, Raipur, decreeing the plaintiffs' suit for a sum of Rs. 1.03,413.88 with costs and interest thereon at 6 per cent per annum from the date of the suit till realisation, have preferred this appeal.2. The original plaintiff Mohanlal Vyas, since deceased, father of plaintiffs Nos. 2 to 6 and husband of plaintiff No. 1, was a business-man and a man of means. Defendant No. 1 is a firm carrying on a cinema business in the name and styles of M/s. Sharda Talkies at Raipur. The firm 'M/s. Sharda Talkies' (hereinafter referred to as the 'firm' for the sake of brevity) was managed by the deceased Shyam Charan, now represented by the legal representatives, respondents Nos. 7 to 9 and appellant No. 2/defendant No. 3, namely, Lalit Kumar Tiwari. As the original plaintiff and defendant No. 2 died during...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-18-1995
Reported in : [1996]219ITR373(MP)
A.R. Tiwari, J. 1. These applications are filed by the unsuccessful assesses (three brothers) under Section 27(3) of the Wealth-tax Act, 1957. 2. The aforesaid reference applications, twelve in number, involve common questions of fact and law and accordingly are heard analogously and disposed of by this common order. 3. Factual matrix lies in a narrow compass. The three assessees, sons of the late Shri Jaswantlal Jha, were partners along with their father in the firm named Oriental Chemical Works, Indore. Shri Jaswantlal Jha died on August 22, 1957, i.e., after enforcement of the Hindu Succession Act, 1956. The amount standing to the credit of Jaswantlal Jha in the accounts of the firm, devolved on the assessees in equal proportion. The assessees contended that they agreed to hold such amount in the status of karta of their respective branches of the Hindu undivided family (HUF) which comprised their wives and children and thus threw it in the commonhotchpotch before December 31, 1969....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-02-1995
Reported in : II(1998)ACC482; 1996(0)MPLJ318
ORDER1. This order will also govern the disposal of Writ Petition No. 3112 of 1994, Sagar Motor Transport Company and Ors. v. State of M. P. and Anr.; Writ Petition No. 3505 of 1994, Ram Prasad Purohit and Ors. v. State of M. P. and Ors.; Writ Petition No. 3804 of 1994, Durg Roadways Private Ltd. v. State of M. P. and Anr.; Writ Petition No. 44 of 1995, Rishi Kumar Jaiswal and Ors. v. State of M. P. and Ors. and Writ Petition No. 748 of 1995, District Transport Service and Ors. v. State of M. P. and Ors..2. In all the petitions, the petitioners are transport operators holding stage carriage permits of various routes, who have, challenged the constitutional validity of the Madhya Pradesh Motoryan Karadhan (Vidhi Manyakaran) Adhiniyam, 1994 (for short 'Validation Act'), enacted to validate the levy of additional tax on public service vehicles in the State of Madhya Pradesh, which received the assent of the Governor on 25th June, 1994 and was published in the Madhya Pradesh Gazette (Extra...
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