Court : Madhya Pradesh
Reported in : 1996(0)MPLJ267
..... that such persons shall enter upon their respective offices from the date of such notification, provided that even in the absence of notification, for the purpose of selection of councillors under section 19 of the act and election of president and vice-president under section 43 of the act, a councillor shall be deemed to have entered in his office from the date of his election. ..... (1) of section 20, as it stood before amendment, stated that no election or selection under the act shall be called in question except by a petition presented in accordance with the provisions of this section ..... learned judge observed that the provisions in section 1.6(1) of the hyderabad district municipalities act should be read with the addition of certain words so as to carry out the intention of the legislature and without doing violence to the language used, as without doing so, that may lead to ..... the only question is whether the changes brought about in section 21 of the act have any negative impact on the right of the candidate to file election petition against the president or the ..... which the writ petitioner sought to urge would fall within the scope of sub-clause (ii) clause (d) of sub-section (1) of section 22 of the act and he could raise this ground in the election petition.13. ..... 7 of 1995, setting aside the election of the 4th respondent in the writ petition (appellant herein) as president of gadarwara municipality and declaring the writ petitioner (4th respondent herein) as president in his .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996]217ITR744(MP)
..... these three applications are filed by the commissioner of income-tax, bhopal, under section 256(2) of the income-tax act, 1961, after refusal to refer the proposed question of law by the income-tax appellate tribunal, indore, on february 28, 1995, in reference applications nos. ..... 3 of 1995 and 4 of 1995. ..... 2 of 1995 and copy thereof shall be placed in the records of income-tax references nos. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)ILLJ1016MP; 1995(0)MPLJ782
..... the division bench in para 6 of the order came to the conclusion that the authorities under the industrial disputes act, 1947, were within their rights to grant back wages upto the date when the labour court passed an award after holding enquiry. ..... roy's case (supra) deals specifically with the provisions of madhya pradesh industrial relations act, 1960 and, therefore, holds the field.4. ..... the workman challenged this order of termination before the labour court by preferring a petition under the madhya pradesh industrial relations act, 1960 (hereinafter referred to as the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1995)IILLJ1014MP
..... the objects and reasons necessitating the introduction of section 17b in the industrial disputes act, are as under:-'when labour courts pass award of reinstatement these are often contested by an employer in the supreme court and high ..... wages as defined under section 2(rr) of the industrial disputes act reads as under:'(rr) 'wages' means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment, or of work done in such employment, ..... court considered that the single judge could have revised his order directing payment of back wages or arrears payable to the employee even without the aid of section 17b of the industrial disputes act and as such the order was maintained.9. ..... submissions of the learned counsel for the petitioner are that the learned industrial court has wrongly interpreted section 65(3) of the madhya pradesh industrial relations act in interpreting the phrase 'last wages drawn'. ..... , learned counsel for the respondent supported the order passed by the industrial court relying on the judgment in (1987-ii-llj-210), (1995-i-llj-47) and order in m.p. no. ..... industrial relations act being in para- materia in section 17b of the industrial disputes act should receive the same meaning ..... , (1995-i-llj-47), interpreted the words 'full wages last drawn' which the workman was entitled to draw pursuant to the award which has been stayed in the high .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ157
..... however, as there is no dispute regarding facts and, as, 'c' forms were duly placed before the revisional authority and, as these were not taken into consideration, in breach of section 39-a of the act, a direction is given to the respondent no. ..... the petitioner submits that 'c' forms had become available by the time, a revision was filed before the authorities under the madhya pradesh general sales tax act, 1958 (hereinafter referred to as the act). ..... the petitioner places reliance on section 39a of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995CriLJ3060
..... this revision is preferred against the framing of charge by the special judge raipur under section 3(1)(x) of the scheduled castes/ scheduled tribes (prevention of atrocities) act, 1989 by order dated 19-12-1994.2. ..... hence criminal revision is allowed and charge under section 3(1)(x) of the act is set aside. ..... section 3(1)(x) of the act is applicable when a person intentionally insults or intimidates with intent to humiliate a member of scheduled castes or a scheduled tribe in any place within public view. ..... the act is a special enactment intended to punish atrocities against member of scheduled castes or scheduled tribes and section 3(1)(x) is attracted only when the alleged insult or intimidation is with intent to humiliate a member belonging to that particular community with reference to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ192
..... the plaintiff has preferred this revision petition against the order dated 28-3-1995 passed by the tenth civil judge, class ii, gwalior, whereby the amendment application moved by the respondent was allowed.2. ..... here, in the case in hand, the defendant, as mentioned above, made an averment with respect to an act of plaintiff through which the kitchen was demolished. ..... these averments clearly go to show that the complained acts were performed by the plaintiff after filing of the written statement. ..... accommodation control act and the tenant has remedy available to him under section 37. ..... accommodation control act, 1961 (hereinafter referred to as the act). ..... decided on 28-8-1995 and c.r. no. ..... 452/95 on 28-8-1995. ..... it was a case under the treasure-trove act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)133CTR(MP)1; [1996]217ITR636(MP)
..... the applicant (commissioner of income-tax) has filed these applications under section 256(2) of the income-tax act, 1961 (for short, 'the act'), seeking a direction to the income-tax appellate tribunal, indore, to refer the case to this court for answering the question of law as proposed.3. ..... the applicant, therefore, filed an application under section 256(1) of the act before the income-tax appellate tribunal for referring the case to this court. ..... the assessments were completed and the proceedings for penalty were initiated under sections 273(2)(a) and section 271(1)(c) of the act on the ground that the declarations were untrue. ..... thereafter, the applicant has filed these miscellaneous civil cases under section 256(2) of the act for six different years.5. ..... 322 of 1995 and its copies shall be retained in the other connected five miscellaneous civil cases as particularised above. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1995(70)FLR798]; (1996)ILLJ44MP; 1996MPLJ4
..... industrial relations act, 1960 before the labour court, bhopal challenging the dismissal. ..... industrial relations act governing the jurisdiction of the labour court. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995ACJ1150; AIR1996MP5; 1995(0)MPLJ722
..... raised a preliminary objection that as the appellant insurer was not granted by the tribunal any permission or direction in its favour for raising all defences on behalf of the insured as contemplated by section 110-c(2-a) of the motor vehicles act, 1939, for short, the 'old act', the insurer cannot be heard in this appeal on the defences which were available only to the insured. ..... (hereinafter referred to as the 'insurer') under section 173 of the motor vehicles act, 1988, against the award dated 19-9-1990, passed by the motor accidents claims tribunal, guna, for short, the 'tribunal'.2. ..... situation, the insurer has to satisfy the judgment and awards of the tribunal passed against the insured and would have no right to contest the claim except on limited pleas available to it under section 96(2) of the old act.11. ..... with respect, we find ourselves in disagreement with the view of the bombay high court because it ignores a material part of the provision contained in section 96(2) of the old act. .....
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