Court : Madhya Pradesh Jabalpur
..... mines manager employed by the management. cgit has also observed in para 45 that sail management used to discharge statutory liability as envisaged in clra act, mines act and other labour laws. when we consider the various statutory provisions under which the labours used to work in the mines, the mines vocational training ..... direct removal of worker who is undesirable, negligent or incompetent.(vii) women contract workers were entitled to provision of mines chreche rules,1966 and maternity benefit act. (viii) inspection of mines and equipments was duty of employer, tools were also provided by the principal employer.(ix) piling, loading, unloading/sorting out ..... single test can be said to be determinative factor. while recording the finding that only contractor could remove or transfer the employees, various other provisions of acts and rules of control, supervision, taking disciplinary action were being observed by the management, as admitted by their witnesses. the finding of tribunal that .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... 's trial was separated as he was absconding on 22.10.1994. accused raju nikam was convicted under sections 458 and 307 of ipc and section 27 of indian arms act. the present appellant pammu @ parmeshwar was convicted as described aforesaid.3. brief facts of the prosecution are that on 14.6.93 at about 2 am in the night dr .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Petitioner by way of present petition filed under Article 227 of the Constitution of India calls in question the legal tenability of the order dated 12.5.2010 passed by Civil Judge, Class I, Maihar, District Satna in Civil Suit No. 6A/2007; whereby application preferred by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure seeking replacement of the entire written statement filed by him was rejected.2. The petitioner is defendant No. 2 in a suit filed by respondent No. 1/plaintiff. The suit is for declaration and for permanent injunction in respect of suit property which is a house situated in Ward No. 12, Satna Road over a land bearing number 14/4/4 admeasuring 30 x 58 = 1740 sq.ft.3. On being noticed in the suit, petitioner/defendant No. 2 entered his appearance through one Counsel Shri Arjun Singh and filed the written statement duly verified by him. The said written statement contained signature of the petitioner on each page of it. Thereafter, the Trial Court f...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... me through the documents filed, the representation submitted and the other material available on record petitioner tried to emphasize that the respondents have acted in a biased and malafide manner and only to harass and victimize the petitioner the impugned action is taken. it was argued by him that respondents have ..... overall service record of the petitioner. it is the case of the petitioner that in the present case compulsory retirement of the petitioner is nothing but an act for punishing the petitioner, without holding a proper enquiry, in violation of the principles of natural justice and, therefore, the same is unsustainable. by taking ..... of the petitioner that he is a group a officer and the establishment of respondent no.2 was initially registered as a society under the societies registration act, 1860. it was earlier known as maulana azad college of technology and was a regional engineering college functioning under the joint supervision of the central .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... such a manner by the appellants, could not be termed to be a ground of disclaimer of title. he also said that the appellants have not committed any act contrary to the title or the interest of the respondents/plaintiffs. they have not caused any substantial injury to the title of the respondents as landlord of the ..... by dismissing the counter claim of the appellants decreed the suit of the respondents for eviction on the grounds enumerated under section 12(1)(a) and (c )of the act, on which, the appellants filed the appeal challenging the aforesaid decree. on consideration, by allowing such appeal in part, the decree of the trial court passed under section ..... same was not paid even after making demand. with these pleadings, the suit for eviction on the ground available under section 12(1)(a) and (c ) of the act is filed.6. in the written statement of the respondents, beside the aforesaid undisputed facts, the relationship of the respondents with sunder lal and chhotelal as stated by them .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... has been applied for, in our opinion, various aspects have to be considered including the effect of non filing of the application under section 5 of limitation act seeking condonation of delay. overall conduct of the applicant has to be considered during the trial, circumstances in which he was proceeded ex-parte. mere filing of ..... certified copy of the judgment and decree and to explain delay in filing application under order 9 rule 13 of cpc. section 12(2) of the limitation act provides for exclusion of time requisite for obtaining certified copies in certain cases. application under order 9 rule 13 is not mentioned therein. this court in zaibunnisa ..... appeared before the trial court, written statement was also filed. as the rent was not deposited, an application under section 13(6) of m.p. accommodation control act, 1961 was filed. the trial court ultimately ordered striking-off the defence of defendants/tenants. thereafter, defendants were proceeded ex-parte. the civil suit was filed in .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... was dismissed from service because of his conviction for an offence under section 498-a of the indian penal code read with sections 4 and 6 of the dowry prohibition act whereas by order dated 04-08-2006 the appeal preferred by the petitioner was dismissed.3. the order dated 15-06-2006 is in following terms : "jh 'kssysunz dqekj fclkfj .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... b) shall ........... be determined with reference to the circumstances existing at the time of the contract. in this case certainly hardship was not resulted by the act of plaintiff subsequent to contract but circumstances shows that hardship was existing at the time of the contract.18. considering the facts on record that defendant/appellant ..... a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract."from a bare reading of this ..... the contract will substantially cause damage to other party.17. as far as contention of learned counsel of respondent is concerned, section 20 of the specific relief act, 1963 granted jurisdiction to court to exercise discretion not to decree specific performance. in this case, learned trial court exercised his discretion under section 20(2 .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... is also ultra vires the constitution because the authority is given to the state government or recovery officers to hold that during the pendency of any proceeding under 1994 act, they can declare any transfer or charge to be a fraudulent transfer and thereby cause serious prejudice to any creditor who has extended loan facility or has purchased property ..... 5. for ready reference, we refer paras 11 to 16 of the aforesaid judgment, which read thus:-"11. a bare reading and understanding of section 530 of the companies act would clearly provide that subject to section 529-a there shall be paid in priority to all other debts, all revenues, taxes, cesses and rates due from the company ..... & others (2002) 10 scc 441, found that the apex court has already held that the provisions of section 33-c of the m.p. general sales tax act,1958 were intra-vires while provisions of section 53 of the adhiniyam are pari materia to the said provisions. the division bench found that section 53 of the adhiniyam is .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... are of the considered view, both the tribunal as well as the high court has awarded the compensation on the basis of the second schedule and relevant multiplier under the act. however, we may notice here that as far as non- pecuniary damages are concerned, the tribunal does not award any compensation under the head of non- pecuniary damages. however, in ..... the case of state of haryana v. jasbir kaur ; (2003) 7 scc 484, it is held : "7. it has to be kept in view that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which is to be in the real sense "damages" which in turn appears to ..... . i.a. no. 7916/09 is an application whereby the appellants seek condonation of delay in filing this appeal under section 173 of ther motor vehicles act, 1988.2. it is contended that there is no deliberate delay on the part of the appellants, who are very much interested in contesting the matter and the delay was .....
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