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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: madhya pradesh Year: 1993 Page 1 of about 7 results (0.089 seconds)

Nov 05 1993 (HC)

Chief Municipal Officer Vs. Presiding Officer, Labour Court and ors.

Court : Madhya Pradesh

Decided on : Nov-05-1993

Reported in : (1998)IIILLJ655MP; 1994(0)MPLJ704

..... to the workmen and compliance of section 25f was not essential. 8. thirdly, it was contended that the petitioners have filed an appeal under section 308 of the m. p. municipalities act, 1961, and the collector having found the order of termination legal and proper has dismissed the same. this contention has also no merit as appeal was not maintainable, under the ..... and smt. indira nair, learned counsel for the respondents-workmen, were heard. 4. firstly, it was contended by the petitioner that the municipal council is a statutory body, constituted, under the m. p. municipalities act, 1961, for short, the 'act' which discharges its statutory functions and duties and provides civic amenities such as light, water and conservancy to the public in the limits ..... excluded in the section would amount to 'retrenchment'. 7. recently, the supreme court, in the case of d.k. yadav, (1993-ii-llj-696), after considering the case of punjab land development and reclamation corporation ltd., (supra) and its earlier decisions, has reiterated the view about the scope of the definition of 'retrenchment' in section 2(oo) which is a ..... within any of the excepted categories mentioned therein. an invalid appointment is not one of the exceptions, therefore, would amount to 'retrenchment'.6. the supreme court in case of punjab land development and reclamation corporation ltd., (1990-i-llj-70) while considering a case of eight employees whose appointments were made by the chairman who had no power to appoint .....

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Oct 06 1993 (HC)

Balkishan Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Oct-06-1993

Reported in : 1994(0)MPLJ381

..... in section 6(1) is the date of the commission of the crime. those decisions are darshan kumar v. jabalpur municipality in air 1973 sc 906 and ramlal and anr. v. state of punjab in jt 1988(1) sc 258. the first decision of darshan kumar is a short decision consisting of just two paragraphs ..... for life, the question that was raised before the supreme court was whether the high court should have applied the provisions of section 6 of the act to both the accused persons. the elder brother ramji was aged not below 21 years and basist aged 20 years on the date the sessions judge ..... supreme court pointedly and specifically dealt with the question as to what is the crucial date for reckoning the age mentioned in section 6(1) of the act. in that case, two brothers who had been convicted and sentenced by the sessions judge, under sections 307 and 326, indian penal code in the ..... alarm which such offences caused among the people, it was not advisable to extend to the applicant the benefit of probation under section 4 of the act. on this reasoning the appellate court affirmed the sentence of imprisonment awarded by the trial court. it is not known how the appellate court arrived at ..... as the applicant was below 21 years of age on the date of the commission of the crime, section 6 of the probation of offenders act, 1958 (hereinafter called the act) was squarely attracted, which contained an injunction to the courts forbidding them to impose sentence of imprisonment. it was urged that the courts below .....

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Feb 24 1993 (HC)

Mahesh Bhargawa Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Feb-24-1993

Reported in : (1994)ILLJ1113MP; 1993(0)MPLJ586

..... will also be a clear case of retrenchment for which preconditions mentioned in section 25f should have been fulfilled. reference may be made to the decision in iftikar ahmed v. municipal council ambah reported in 1992 mplr 104, laying down that termination of invalid appointment would also amount to retrenchment making it necessary that the provisions of section 25f should have ..... (supra).8. commenting adversely on the failure of the government to notify the date of enforcement of the new definition, the supreme court observed in des raj v. state of punjab (1988-ii-llj-149) in para 10 as follows (p-162):-'we have not been able to gather as to why even six years after the amendment has been brought ..... and that the petitioner unauthorisedly continued in service after expiry of the fixed term and hence termination of such service did not attract the provisions of section 25f of the act, cannot be accepted. the definition of 'retrenchment' as given in section 25f is wide and comprehensive enough to include all types of terminations of service unless the termination fell ..... of its sovereign function was an 'industry' by necessary implication because defence establishment, india government mints and india security press were industries mentioned in first schedule of the industrial disputes act, 1947. leaving aside for the moment those undertakings which are established by government in exercise of its sovereign functions but which may be 'industry' because of express or necessary implication .....

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Sep 16 1993 (HC)

Basantilal Jagannath Mahajan Vs. Rameshwarprasad Nanoolal Mahajan and ...

Court : Madhya Pradesh

Decided on : Sep-16-1993

Reported in : 1994(0)MPLJ113

..... has to be pleaded specifically and on contest, has to be proved cogently. it cannot be altered unilaterally. in air 1957 punjab 140, pt. sunderlal vasudeva v. state of punjab it is held that -'it is extremely doubtful if a new rule can bind old government servants without their consent, because one ..... airy nothings' and lacked mutuality in any case.(b) possession of the property was taken in destruction of the terms embodied in the contract.(c) such acts, ex facie unnatural, yielded disentitlement for equitable relief.the decree thus, offended even article 300a of the constitution of india.28. in the ultimate analysis, ..... of retrospective operation of the enactment because the provisions undoubtedly do not apply to transfer which had already taken place before the enforcement of the act, but they do not affect the existing rights of sales and purchase, whether those rights arise under a contract made before or after coming ..... . shri kishan was a middle man, and operated as agent of the appellant. recourse can be taken to section 62 of the indian contract act, 1872. parties were free to agree to substitute a new contract or to rescind or alter it. the mode of payment was thus, altered ..... sum of rs. 500/- still was the outstanding amount. the alleged oral agreement about such remittances was hit by section 91/92 of the evidence act and was unacceptable on alleged facts. even particulars, despite demand, were not furnished and were allowed to remain esoteric to spring surprise at the trial.(c .....

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Jul 30 1993 (HC)

Rashid Suhail Siddiqui and ors. Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Decided on : Jul-30-1993

Reported in : 1994(0)MPLJ731

..... show that the contract would be void being against public policy. the key answer is correct.q. no. 124 - the shopping hours in a town are fixed by municipal law. shops must close at 9 p.m. 'a' enters into a contract with 'b' of the same town to supply 100 bags of almonds the same day ..... section 149 oft he indian penal code has been well explained by the supreme court in -answers: (a) shukla v. state of rajasthan.(b) nanak chand v. state of punjab.(c) k. c. mathew and ors. v. state of t.c.(d) pramatha natha talukdar v. saroj ranjan sarkar.key answer - bthe key answer i.e. nanak chand ..... of collector would lie to the board of revenue and not to the commissioner as argued by the petitioners. the key answer accords with the provisions of the act and as such we do not find any infirmity in the same.26. thus, we have examined all the questions pointed out by the petitioners and found that ..... when they cannot be asked. the question is rather in the negative, and as such one may be required to look in sections 141 and 142 of the evidence act which read as under :'141. any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question. when they ..... therefore, correct.q. no. 99 - to avail of the benefit of mistake of fact under section 79 of the indian penal code it must be shown that a man acted in the bona fide belief on reasonable grounds, said the supreme court in the following cases -answers : (a) vishwanth v. state of u.p.(b) jaswant rai .....

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Sep 03 1993 (HC)

Dr. Rupal Bandi Vs. State of M.P. and anr.

Court : Madhya Pradesh

Decided on : Sep-03-1993

Reported in : AIR1994MP103

..... be merit and the object of any rules which may be made for regulating admissions to the medical colleges must be to secure the best and most meritorious students. in municipal corporation of greater bombay v. thukral anjali deokumar, air 1989 sc 1194 the supreme court reiterated that so far educational institutions are concerned, unless there are strong reasons for exclusion ..... scheduled tribes categories who were otherwise qualified and eligible to seek admission into medical colleges only in relation to seats reserved for them.'30. in aarti gupta v. state of punjab, air 1988 sc 481 the supreme court reaffirmed the view taken by it in nivedita jain's case (supra).31. before parting with this case, we feel duty bound to .....

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Nov 01 1993 (HC)

Govind Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Nov-01-1993

Reported in : 1996CriLJ305

..... for life, the present appellants have filed this appeal.2. prosecution case is that previously the pesent accused were keeping their grocery shop of a raised platform belonging to municipal committee, deori. the municipal committee had dismanled the said raised platform for making some other construction. therefore, the accused placed their shop only from two or three days before the incident dated ..... from the litigation, in the decree in a civil case or in seeing the accused punished. state of rajasthan v. smt. kashivi bai : 1981crilj1012 guru charan singh v. state of punjab : 1956crilj827 and state of bombay v. united motor limited : [1954]1scr145 , or for that matter raj kumar (pw.7) or mulayam chand (pw.9) had no axe to grind against ..... held that govind had also inflicted such an injury on the head of kapoorchand which was sufficient to cause his death. therefore, he is individually liable for the said criminal act committed by him. consequently. mohindar singh and anr. v. state of delhi : 1975crilj1320 , devilal v. state of rajasthan : 1971crilj1132 have no application on the facts of the present case. 25 ..... shade on their shop. thus, there was absolutely no premeditation and the incident took place at the spur of moment. therefore, accused govind cannot be held vicariously liable for criminal act committed by any co-accused, and hence govind cannot be held guilty for committing an offence punishable under section 302 read with section 34 of the ipc. at worst he .....

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