Court : Madhya Pradesh
Reported in : 2006(1)MPHT492
..... submitted that there is evidence on record that the deceased, chela was travelling along with his goods, therefore, in view of the amendment in section 147 of the act the insurance company is also liable to pay the compensation for the death of a passenger who was travelling in the truck along ..... but in the present case the accident occurred on 23-12-92 and, therefore, the amendment which has come into force w.e.f. 14 ..... with the goods.13. the amendment inserted by act no. 54 of 1994 has come into force w.e.f. 14-11-94, ..... orders.l. jain, j. 1. this appeal, under section 173 of the motor vehicles act (henceforth 'act') is directed against the award dated 15-7- 96 passed by ivth additional motor accidents claims tribunal, rewa in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999ACJ897; AIR1999MP53; 1999(2)MPLJ217
..... case of the claimants on the other hand is that the law applicable was the law available on the date of decision by the tribunal. therefore, even though amending act of 1954 was not explicitly retrospective in operation, it could not-be excluded by the tribunal on the date of decision. alternatively it is submitted that there was ..... was attracted to the claim case of respondents' referable to motor accident occurred two months or so earlier on 14-11-1994. in other words whether the amending act could be given deemed retrospectiveeffects in the facts and circumstances of the case.'2. one 16 years old mamta riding on her vehicle was hit by the offending ..... support elsewhere also if one were to look across the fence. it was first enundiated in bagh singh's case, air 1985 sc 1576 holding that amended provision of land acquisition amendment act, 1984, though not given any retrospective operation were applicable to all proceedings relating to compensation pending on the date of the commencement of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP116
..... trust could be administered by the courts if the occasion arose. (see chhotabhai v. jnan chandra basak, air 1935 pc 97).8. the definition in the indian trusts act deliberately excludes the idea of equitable estate and provides for 'obligation' which constitutes trust under chapters 1 to 8 and 'obligation in the nature of trusts' in chapter ..... religious purposes are recognised by all. a hindu religious or charitable trust is governed by the rules of hindu law and not by the provisions of the trusts act. a charitable trust in america is defined in the restatement of trusts as under:'a charitable trust is fiduciary relationship with respect to property arising as a ..... suit must, therefore, fail.12. during the course of argument, the appellant presented an application seeking to amend the plaint. as we have permitted the plaintiff's counsel to address us on the plea sought to be raised by amendment, we reject-that application.13. the appeal fails and is dismissed with costs. counsel's fee as per .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP140; 1985MPLJ797
..... 's case (supra) are quite distinguishable from the facts of the instant case and, therefore, the ratio laid down in that case has no application. further, the effect of 1976 amendment was neither brought to the notice of the court nor its effect was considered hence, damodar's case (supra) is of no avail to the applicant.10. applying the above ..... of overlapping, inconsistency and repugnancy in the statute, it has always been avoided by giving the true legislative intent to the statute. if two sections or sub-sections of an act cannot be reconciled as there may be absolute contradictions, it is often held that last must prevail.9. shri pandey further laid stress on damodar's case (1978 jab lj ..... parts of a statute are to be taken together and each word, phrase or sentence is to be considered in the light of the general purpose and object of the act itself.similarly, in k.m. nanawati v. state of bombay, air 1961 sc 112 in para 80(6)(e), it is laid down that--'if two sections are repugnant, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP120; 1962MPLJ319
..... application been a civil suit on the same cause of action before a court having jurisdiction. the repeal of this provision and amendment introduced in sub-section (1) of section 235 by the amending act of 1936 by providing a special period of limitation different from that for a suit affected the initiation of the proceeding by ..... 3. on behalf of the legal representatives, mr. waghmare contended that the provisions of limitation act are inapplicable to the proceedings under section 235 of the act.the learned counsel referred to the change introduced in section 235 by the companies (amendment) act of 1936 whereby sub-section (3) of section 235 as it stood prior to the ..... passing of the aforesaid amendment act had been repealed. it was argued that since the provision as to the applicability of the indian limitation act, 1903 to an application under section 235 of the companies act is repealed, we cannot apply even article 176.4. section 235 (3) of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP185; 1968MPLJ325
..... amendment of the section that notice may now be served either on the manager or the chief commercial superintendent. section 140 employs the word 'may'. there is nothing to show that ..... , 1958 mplj (sn) 167 was distinguished on the ground that the central railway had actually assessed the damages within the purview of the provisions of section 77 of the railways act. in jetmull's case, air 1962 sc 1879 (supra) their lordships have laid down that a notice under section 77 should be liberally construed, and, among other things, the ..... railway was valid. the only objection to that notice is that it was addressed to the chief commercial superintendent. the trial court relied on section 140 of the railways act. that section, as it stood at the time when the present suit was filed, required a notice to be served on the manager. it is only by a subsequent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ340
..... claiming compensation have been dismissed by the impugned order as barred by limitation.3. learned counsel for the appellant has submitted that section 166(3) of the act has been omitted by section 53 of the motor vehicles (amendment) act, 1994 which came into force w.e.f. 14-11-1994. it has been submitted that in view of the ..... amendment now there is no limitation for preferring petition for claim for compensation on account of the motor accident. since the appellant's petition for compensation was ..... pending before the claims tribunal after the above amendment was made effective i.e on 14-11-1994, the same should not have been dismissed as barred by limitation. reliance in this connection has been placed on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT317
..... officers under section 173, cr.pc, and, therefore, they were required to file complaint under section 200 cr.pc, before 29-5-1989 when the n.d.p.s. amendment act, 1988 came intoforce, before this date, the offences, were to be tried according to the provisions of the cr.pc. the provision for establishing special court came into force on ..... the appellant, submitted that the offence under sections 8/18 is alleged to have been committed on 17-3-1987 that is before 29-5-1989, when the amendment n.d.p.s. act, 1998 came into force. the narcotic officers were not police officers for submitting final report under section 173, cr.pc, therefore, they could not file charge-sheet ..... 29-5-89. the offence under sections 8/18 of the n.d.p.s. act provides minimum imprisonment for 10 years, which may extend to 20 years. therefore, it was exclusively triable by the court of sessions and the court of sessions could take .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ339
..... by a valid notice is maintainable. it was also held that the order of the court that such suit is not maintainable and directing the plaintiff to amend the plaint so as to convert the suit into one for possession is legally erroneous and without jurisdiction. it was further held that where a licensor approaches ..... for mesne profits straightway without directing an enquiry there-into, if there was material available before it to determine to the amount of mesne profits. the proposed amendment regarding maintainability of the suit for mandatory injunction also cannot be allowed because if this pleading was raised before the trial court, the plaintiffs could, if they ..... counsel for the appellants, on the strength of the application for amendment contended that neither the power of attorney was proper nor the presentation of the document was valid. it was also submitted that the provisions of sections 32 and 33 of the registration act were not complied with. what he wants to submit is that once .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(1)MPLJ522
..... in the motion hearing.3. the learned counsel for the appellant has relied on, on the provisions of order 21, rule 90, civil procedure code. clause (b) as per amendment made by allahabad high court, which is as extracted below :-'(b) unless the applicant deposits such amount not exceeding twelve and half per cent of the sum realised by ..... assistant commissioner, sales tax, kanpur (supra) considered the meaning of the word 'entertain' as used in the proviso to section 9 of the u. p. sales tax act (act no. 15 of 1948) which is to the effect :'provided that no appeal against as assessment shall be entertained unless it is accompanied by satisfactory proof of the payment ..... appellant shri ashok lalwani submitted that in this case the appellant has not made the deposit as required under the first proviso to section 173(1) of the motor vehicles act, 1988; and he has addressed the court that in the first proviso (aforesaid) the word 'entertain' is used which signifies 'not at the admission stage' but .....
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