Court : Chhattisgarh
1. The order shall govern the disposal of I.A. No.3, which is an application under Order 7 Rule 11 (a) and (d) of C.P.C. read with Section 86 (1) of the Representation of People Act, 1951 (herein after referred to as 'the Act of 1951'), filed by the respondent, the returned candidate. 2. The election petition is preferred challenging the election of respondent, Badridhar Diwan on the ground that the respondent, Badridhar Diwan, who was elected candidate from 31 Beltara Legislative Constituency in the election held in the year 2013 was disqualified to contest the election under Article 191 of Constitution of India. The prayer made in the petition is as under :- It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this petition and setaside the election of the respondent on account of his disqualification under Article 191 of the Constitution of India, in the interest of justice. 3. The petitioner lost the election and respondent was declared as returned candi...
Tag this Judgment!Court : Madhya Pradesh
HIGH COURT OF MADHYA PRADESH AT JABALPUR Writ Petition No :6053. OF 2001(S) Nirmal Kumar Jain - V/s - State of Madhya Pradesh and others Present : Honble Shri Justice Rajendra Menon. ---------------------------------------------------------------------------------------- Shri Shaket Agrawal, Advocate, for the petitioner. Shri Vivek Sharma, for respondent no.1 Shri Vivekanand Awasthy, learned counsel for respondent nos. 2 , 3 and 4. None appears for respondent no.4, even though served. ---------------------------------------------------------------------------------------- ORDER (10-07-2012) The petitioner was working as a Secretary in the Krishi Upaj Mandi Samiti, Sagar. On the allegation of certain misconduct committed by him, he was proceeded against in a departmental inquiry and a punishment of stoppage of 3 increments with cumulative effect was imposed upon him vide order dated 04-08-2000. Challenging the aforesaid order passed by the respondent no.3, appeal filed before the respon...
Tag this Judgment!Court : Rajasthan
Reported in : 1999CriLJ3626; 2000(1)WLC328
ORDERG.L. Gupta, J. 1. Through the above mentioned 4 miscellaneous petitions the petitioners have challenged the order dt. 18-5-98 passed by the learned Judicial Magistrate, Nohar whereby he took cognizance against them under Sections 323, 342 and 394, IPC.2. The facts, Non-petitioner No. 2 Chhabeela Ram filed a private complaint on 26-3-98 in the Court of Judicial Magistrate, Nohar, stating that he was active worker of Shiv Sena Unit of Nohar Rawatsar and that he had exposed the conspiracy of the police and administrative officers through newspapers that they were grabbing the Government land worth crores of rupees on which they (petitioners) had given allurement to him that he stopped pursuing the matter, and they would arrange a plot of land for him free of charge and had threatened him that he would face the consequences if he did not deter. It was stated that on 23-3-98 the complainant had gone to village Thirana for buying she-buffalo and at about 7-7-30 p.m. when he was at the h...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(7)SC414; 1994(4)SCALE914; (1995)1SCC655; [1994]Supp5SCR392
P.B. Sawant, J.1. The respondent-Orient Paper Mills [for short 'Mills'] purchases bamboos as raw material under a contract with the State Government which holds monopoly in regard to bamboos as a forest produce in view of the provisions of the M.P. Van Upaj [Vyapar Viniyaman] Adhiniyam, 1969 [No. 9 of 1969]. The bamboos are supplied to the respondent-Mills by the Forest Department of the State Government at various forest depots established for the purpose. After taking delivery from the forest depots, the Mills transports the same to its factory situated in Amlai in the district of Shahdol [M.P.]. It is not disputed that forest depots from which the Mills purchases the bamboos fall within the market area of the appellant-Krishi Upaj Mandi Samitis [for short 'Committees'] and the factory of the Mills also falls within the market area of Krishi Upaj Mandi Samiti, Budhar [M.P.] 2. Under Section 3 of the M.P. Krishi Upaj Mandi Adhiniyam, 1973 [for short 'the Act'], the State Government is...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ985
R.C. Lahoti, J. 1. This Judgment shall govern the disposal of S. As. No. 236/86 filed by Firm Gendalal Bhanwarlal Jain, Guna and No. 15/87 filed by Firm Dhankumar Vijaykumar Jain, Grain Merchants. Guna, the three appeals having been heard analogously being against the same respondents in view of the common questions of fact and law arising therein.2. All the three appeals raise the following common substantial question of law:--''Whether the lease in favour of plaintiff/appellant created by officer-in-charge is valid in view of Sections 25, 56 and 57 of M. P. Krishi Upaj Mandi Adhiniyam, 1972'Shri R. D. Jain the learned counsel for appellants in S.As. Nos. 235 and 236/86. Shri Anil Mishra the learned counsel for appellants in S.A. No. 15/87 and Shri V. K. Bharadwaj, the learned counsel for respondent Mandi Samiti have been heard.3. The facts, no longer in controversy at the stage of this second appeal and in so far as relevant for the disposal of these appeals, may briefly be noticed. ...
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ574
R.P. Sethi, C.J. 1. Under the industrial jurisprudence, bonus connotes claim of the workmen due to them beyond strict wages. Any extra consideration given for what is received, or something given in addition to what is ordinarily received by, or strictly due to the recipient is a bonus. It is also termed as wage incentives given to the labourer by the establishment for achieving higher productivity. The object of grant of bonus on the one hand is to increase earnings of the workers and on the other to improve the efficiency in the output in an industrial establishment. The Payment of Bonus Act (hereinafter called the 'Act') was enacted to provide for payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. In the statement of objects and reasons to Act No. 21 of 1965, it was stated: 'A Tripartite Commission was set up by the Government of India by their Resolution No. WB-20(...
Tag this Judgment!Court : Supreme Court of India
Reported in : 166(2010)DLT659(SC); JT2009(10)SC615; (2009)8MLJ625(SC); 2009(11)SCALE278; 2009(8)LC3783(SC)
ORDER, 1951 C.O. 32, dated the 20th September, 1951. 'In exercise of the power conferred by Clause (1) of Article 341 of the Constitution of India, as amended by the Constitution (First Amendment) Act, 1951, the President is pleased to make the following order namely: This order may be called the Constitution (Scheduled Cates) (Union Territories) Order, 1951. Subject to the provision of this order, the castes, races or tribes or parts of, or groups within, castes or tribes, specified in parts I to III of the Schedule to this Order shall, in relation to the Union Territories to which those parts respectively relate, be deemed to be Scheduled Castes so far as regard members thereof resident in the localities specified in relation to them respectively in those parts of that schedule. Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu (or Sikh or the Buddhist) Religion shall be deemed to be a member of a Scheduled Castes. Any refe...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2008)299ITR94(JP.)
1. The rejection of application under Section 12A seeking registration of the assessee-applicant as a charitable trust/institute has been questioned on several grounds running in 13 numbers.2. We have heard the arguments advanced by the parties at length and considered the same in view of the impugned order, material available on record and the decisions relied upon by the parties.3. There is no dispute on facts that the Krishi Upaj Mandi Samiti, Hindaun-City, i.e., the applicant, is a committee constituted under the Rajasthan Agricultural Produce Markets Act, 1961 (in short as the "Markets Act"), dated March 12, 1965, giving a status of a society and the market area, markets proper, principal market yard and sub-market yard, etc. thereof were declared by the Notification dated October 30, 1965. The applicant-samiti works through a committee constituted under Section 7 of the Markets Act, which consists of 15 members elected directly or indirectly by the inhabitants of the area, i.e.,...
Tag this Judgment!Court : Allahabad
1. Petitioners have filed the aforesaid batch of writ petitions assailing either the orders of their termination from service or disengagement or claiming regularization of service on different posts in the Mandi Parishad. According to the petitioners' Counsel, petitioners were engaged as Work charge/Muster Roll/on consolidated pay under the contingency limit in various construction divisions of the Rajya Krishi Utpadan Mandi Parishad. 2. It has been submitted on behalf of the petitioners that in Mandi Parishad there are three categories of employees, namely, (1) those appointed on regular basis against duly sanctioned posts in accordance with the service regulations in the establishment of the Mandi Parishad (2) persons engaged on daily wages, fixed pay, contract against sanctioned posts in the establishment of Mandi Parishad and (3) the third category, consists work charge, Muster Roll and fixed pay employees engaged within 2% contingency limit as per the policy/practice of the Board...
Tag this Judgment!Court : Karnataka
(Prayers: This W.P. is filed under Article 226 and 227 of Constitution of India praying to quash and to hold the provisions of Section 234E of the act as ultra vires of the Constitution of India. These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare and strike down provisions of Sec.234E of the Income Tax Act, 1961 as unconstitutional and violative of Article 14 of the Constitution of India. These Writ Petitions are filed under Articles 226 and 227 of Constitution of India praying to declare the newly inserted Sec.234E of the IT Act, by the Finance Act, 2012 as unconstitutional being arbitrary, discriminatory and unreasonable, the relevant extract of Section 234E is enclosed as Annexure-A. These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare that the Finance Act No.2 of 2012 by way of insertion of Section 234E to Income Tax Act 1961 is unreasonable and unconstitutional being opposed...
Tag this Judgment!