Court : Madhya Pradesh
Reported in : (1993)IILLJ335MP
..... labour court while answering the reference could well say that the management has right to take action under proviso to section 9 of the payment of wages act but having come to a settlement and having assured a liberal action in the matter could not have turned back and deducted the wages for the period of three days ..... decided is whether there was an illegal strike for the period from january 29,1980 to february 4, 1980 and whether the settlement arrived at between the parties could be set at naught and whether the payment of wages authorities could decide such a question while deciding the deductions made under section 9(2) proviso, of the act. ..... management had agreed to take liberal view in the matter. in such a situation whether the payment of wages authorities would have jurisdiction to consider the validity or otherwise of the said settlement under the limited jurisdiction under section 15 of the payment of wages act. another judgment cited by the petitioner is 1980-ii-lln-1145. in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP261
..... assurance co. ltd. v. dalmia iron and steel ltd., air 1965 cal 42. lastly the learned counsel urges that the respondent having failed to pay in full and settlement of the bill submitted by the appellant, there existed a dispute on the date of submission. at any event, he contends, that the respondent having joined issue on various ..... 15th december, 1961. during the period in question, the appellant could perform the contract to the extent of 31,52,132.32 cft. of lime stone, and received payments for the work done against running bills. upon termination of the contract, the respondent prepared a final bill for rupees 21,000/-. this was not accepted by the ..... to whom and in what manner the same shall be borne and paid. work under the contract shall, if reasonably possible, continue during the arbitration proceedings, and no payments due or payable by the employer shall be withheld on account of such proceedings. provided, that in matter of claims where the amount involved does not exceed rs. 25 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1978]114ITR812(MP)
..... was really covered by any liability incurred by the assessee under the payment of bonus act or an award or settlement. the view taken by the appellate assistant commissioner and the tribunal that simply because the assessee maintained its accounts according to the mercantile system, it was entitled to claim deduction of the amounts shown as ..... 1)(ii) even when accounts are maintained according to the mercantile system until it is shown that the assessee had really incurred the liability for payment of bonus. a liability for bonus can be incurred under a statute, an award, an agreement or a settlement. the assessee must satisfy the income-tax authorities that the ..... the tribunal further observed that as the assessee had made provision for payment of bonus for the current year's liability and had been maintaining its accounts according to the mercantile system, it was entitled to deduction of the amounts shown as provisions for payment of bonus.2. on these facts, the question of law referred .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1978MP76
..... khan, 1956 nag lj 157 at p. 164 : (air 1956 nag 38 at p. 41)]. even if it be held that the settlement entries are not conclusive, they at least raise a very strong presumption in favour of the defendant's title and it was for the plaintiff ..... which correspond to s. 80 of the land revenue act of 1917, the entries made in settlement become binding if not set aside within one year; [secy. of state v. habibulla, air 1937 nag 407 and motishah v. abdul gaffar ..... ancestors. no reliance can be placed upon this oral evidence in view of the clear and unequivocal documents produced by the defendant.5. the settlement operations of 1891-92 and 1906-07 were undertaken under the land revenue act of 1881. under sections 78 and 83 of that act ..... -9. it is also recorded in ex. d-8 that a tank had been constructed by karan singh in khasra no. 1235. the settlement entries in ex. d-8 read along with ex. d-l would show that karan singh acquired khasra no. 1235 in 1884 from the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]116ITR190(MP)
..... also appears that there was no challenge to these facts before the fact finding authorities below. this is, therefore, a case not of settlement of the contract itself either periodically or ultimately, but of payment of damages for breach or non-fulfilment or non-performance of the contract. that being the case, we are of opinion, that this ..... brother.13. as regards the facts, they have been stated in detail and it is not in dispute that the payment made of rs. 30,000 to messrs. pitty brothers, bombay, was in consequence of the settlement of damages in respect of the breach committed by the applicant-assessee. the question that has been referred to us is ..... pursuance of a contract dated 28th february, 1961, entered into between the assessee and m/s. pitty brothers. the payment of rs. 30,000 was made by the assessee on 24th october, 1961, in accordance with a settlement arrived at between the parties on 24th august, 1961, resolving their dispute arising out of the breach of contract committed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP52; 1972MPLJ149
..... divisional officer, whether or not invested with thepowers of the collector -- to the collector;(c) if such orderis passed by any revenue officer subordinate to the settlement officer -- tothe settlement officer;(d) if such orderis passed by any revenue officer in respect of whom a direction has been issuedunder sub-section (3) of section 12 or ..... land to be retained by the holder and the land declared to be surplus. the land declared surplus vests in the state under section 12. provision for payment of compensation for acquisition of surplus land is made under chapter iv. the competent authority determines the compensation under section 19 of the act in accordance with ..... statement is published. under section 12, the surplus land vests in the state. section 13 enacts the consequences of vesting. sections 16 to 21 deal with payment of compensation and sections 22 to 34 with encumbrances on surplus land, while sections 35 to 37 provide for the disposal of surplus land. section 39 empowers .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP155; [1967(15)FLR454]; (1968)ILLJ139MP
..... claims, which are dealt with by sub-section (1) of section 33c, are claims referable to those 'under a settlement or an award or under the provisions of chapter v-a' of the act. a claim for payment of the difference in wages actually paid to a workman and payable to him under the m. p. minimum wages fixation ..... india, air 1964 sc 748 (supra) suggesting the possibility of claims other than those under a settlement or an award or under the provisions of chapter v-a as including a claim which could be made under section 15 of the payment of wages act, 1936. the illustrations given in the supreme court's decision itself of the claims ..... , 1947. while, holding that the authority had no jurisdiction to entertain the application, it was observed by this court that-'both the industrial disputes act and the payment of wages act are special acts. the first act relates to the investigation and settlement of industrial disputes and provides for matters dealt with by various provisions of that act. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP66
..... arbitrators gave their award on 18th may 1951, disallowing the plaintiffs claim for specific performance; and that they, however, directed the defendants to pay a sum of rs. 600/-in settlement of all his dues. the defendants raised the objection that the plaintiffs suit was barred under section 32 of the arbitration act, 1940. after the filing of the written-statement ..... pointed out by the supreme court in hanskumar v. union of india, air 1958 sc 9-17, it is well established that when parties enter into an agreement for settlement of their dispute by arbitration, its effect is to take the lis out of the hands of the ordinary courts of the land and to entrust it to the decision ..... with him for sale of the suit lands for rs. 2700/-; that on 28th april 1951 he gave to pralhadsingh wheat of the value of rs. 1600/- in part payment of the price; that before the execution of the sale deed pralhadsingh later on sold the property to the respondent no. 4 shersingh on 4th june 1952; and that shersingh .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1980)IILLJ287MP; 1979MPLJ764
..... state government may, section 97(2) the state government may, after giving the parties affected an opportunity of being heard, by notification direct that such agreement, settlement or submission shall be binding on such other employers and employees in such industry in that local area as may be specified in the notification.3. it will ..... pradesh industrial relations act, 1960, as expressed in its long title, was enacted to regulate the relations of employees in certain matters, to make provisions for settlement of industrial disputes and to provide for certain other matters connected therewith. the subject-matter of the state act also fell within item 22 of list iii of ..... 1947, hereinafter referred to as the central act, was, as stated in its long title, enacted by the central legislature to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. the subject-matter of the act was covered by item 29 of list iii of the government of india act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ1011
..... cri. case no. 1674/86 decided on 2-8-1988 care has no doubt to be taken to ensure that the machinery of criminal justice is not misused for settlement of civil disputes but it has also to be remembered that a transaction may give rise to civil as well as criminal liability.15. section 415, indian penal code ..... penal code is constituted.10. after hearing the parties on the question of charge, the learned magistrate held that the applicant obtained delivery of the goods representing that payments under hundis in question would be made and if there was any dispute as to the quality the goods ought to have been returned. he held that a case ..... relation to invoices of different dates between 15-11-1984 and 19-6-1985 covering an amount of rs. 2,71,709.40 were dishonoured when presented for payment. when approached for payment, the petitioner resorted to one pretext or the other. registered letters addressed to him were returned with the endorsement either 'refused' or 'factory closed'. he made .....
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