Judgment Search Results Home > Cases Phrase: appropriation no 2 act 2006 Court: madhya pradesh Page 23 of about 694 results (0.054 seconds)

United India Insurance Co. Ltd. Vs. Hazari and ors.

Court : Madhya Pradesh

Reported in : [1993]76CompCas345(MP)

..... the state would do well to authorise the police officers and duly notify the same and issue appropriate instructions to the police officials in this regard and shall see to it that this provision of law as contained in clause (a) of sub-section (1) of section 158 of the motor vehicles act, 1988, is implemented and complied with in its true spirit and it would help both the claimant as well as the insurance company as also the court in the expeditious disposal ..... section 158 of the motor vehicles act, 1988, clearly provides that, in case of accident by any person driving a motor vehicle on any public place, he is, on being required by an authorised police officer in uniform, to produce the certificate of insurance. .....

Raghvendra Prasad Gautam Vs. Union Bank of India and anr.

Court : Madhya Pradesh

Reported in : (1998)IILLJ1135MP

..... promotion policy of the said bank, which requires a candidate to secure minimum percentage of marks in english to quality in the written test, as arbitrary and contrary to the provisions of the act as well as infringing the principles enshrined under articles 343, 344 and 14 of the constitution ..... keeping in mind, the idea of enrichment of self-respect and self-dependence, the constitutional fathers thought it appropriate to make hindi the national language and later on the parliament legislated ushering in the official languages act, 1963 (hereinafter referred to as 'the act'), but how far they have ostracised english, is the seminal question that calls for adjudication in the present writ petition preferred under article 226 ..... of the constitution by an employee of the union bank of india who has expressed his deep seated anguish and prayed for issue of appropriate writ declaring the ..... that modern education would keep at bay the catastrophe caused due to ignorance of modernism, and british premier, macaullay, thought it appropriate to make the indians educated and learned in english as that would open new vistas of knowledge for them. .....

Midex Overseas Ltd. Vs. M/S Dewas Soya Ltd. and Another

Court : Madhya Pradesh

Reported in : 2001(3)MPHT140; 2001(2)MPLJ391

..... on perusal it emerged that when an application for setting aside an award is received by the court on behalf of any of the parties to the arbitration under section 34(1) of the act of 1996 and if on the request of any party the court considers it appropriate to adjourn the proceedings for a period to be fixed by the court in order to give arbitral tribunal an opportunity to resume arbitral proceedings or to take such actions as in its ..... as in its opinion will eliminate the grounds for setting aside the award, the court is competent to resume the arbitral proceedings to the arbitrators for taking appropriate steps for eliminating the grounds raised under section 34(1)(2) of the act of 1996 for setting aside the award. ..... proceedings was prayed on the following objections raised on behalf of the applicant in his application filed under section 34(1) of the act of 1996:(a) the arbitrators failed to examine the broker and sort out hisevidence thus depriving the objector of the valuable evidence ..... 1 under section 34(4) of the act of 1996, and resumed the arbitral proceeding to the arbitrators for taking appropriate steps with regard to the objections raised in the original application to ..... it is also stated that in view of the grounds raised by the applicant in its application under section 34(1) & (2) of the act of 1996, it is not proper to resume the arbitral proceeding; as the applicant has challenged the jurisdiction of the arbitral tribunal to pass the award, as also on the ground .....

Pramod Kumar JaIn and anr. Vs. Satpura Kshetriya GramIn Bank and ors.

Court : Madhya Pradesh Jabalpur

..... have filed this petition raising several legal and factual issues challenging the order passed by respondent no.3 under section 14(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, whereby possession of the petitioners' property has been directed to be taken over, after arguing at length and after hearing the submissions of the learned counsel appearing for respondent nos ..... petitioners fail to do so, the respondent authorities would be at liberty to initiate proceedings for taking over possession of the property immediately thereafter; that in case the petitioners fail to do so, their act would amount to breach of the undertaking given before this court and would make them liable for initiation of contempt proceedings against them by this court in accordance with law. ..... the petitioners under section 13(2) of the sarfaesi act, which was ultimately dismissed by order dated 7-3-2008 observing therein that the appropriate remedy available to the petitioners was to approach ..... wherein it has been held that the high courts should not exercise its jurisdiction under article 226 of the constitution to entertain proceedings initiated under the sarfaesi act as the appropriate remedy available to the petitioner is to approach the debt recovery tribunal. ..... proceedings for recovery and possession taken under the provisions of the sarfaesi act, the appropriate remedy available to the petitioners is to approach the debt recovery tribunal. .....

Gopal Lal Vs. Tulsibai and Others

Court : Madhya Pradesh

Reported in : II(2001)ACC360; 2002ACJ1278; 2001(3)MPHT234

..... others, reported in 2000 (1) jlj 343, has considered and consistently reiterated that no fault liability is statutory liability and defences under section 149(2) of the act are not available to the insurance company at the stage of interim compensation and they are only available at the time of final award. ..... of section 92a would cause no real prejudice to the insurer as its interest can well be protected, in case it is ultimately found that it is not liable under the policy to indemnify the insured, by passing appropriate order under section 96(4) of the act, as observed earlier. ..... is duly protected inasmuch as if ultimately in the final award the insurer is exonerated, the tribunal can issue appropriate direction enabling the owner of the vehicle. ..... therefore, now it is settled position under the law that under section 140 of the act at the stage of deciding an application for interim compensation under no fault liability, no defence is available to the insurance company under section 149(2) of the act or the question about the violation of terms conditions of policy also cannot be looked into and cannot be considered at the time of awarding any interim compensation under no fault liability in ..... his further submission was that the defence under section 149(2) of the act is available to the insurance company also at the time of considering the question of no fault liability under section 140 of the act, therefore, the insurance company has rightly pleaded, objected and has rightly .....

Jagdish Prasad Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 1997CriLJ27

..... considering the legislative purpose underlying the provision, it is not possible to hold that where the empowered magistrate tries a case under section 16a of the act not in summary way but adopting the procedure in a warrant case, the trial is vitiated and the conviction has to be reversed without anything ..... as a matter of fact, in any given case, violation of section 16a of the act has caused prejudice to the accused resulting in failure of justice, then undoubtedly the superior court can step in and quash the conviction and either acquit the accused or in appropriate cases, direct re-trial.11 ..... criminal revision petitions will go back to the appropriate bench for disposal ..... . we hold, that the trial of an offence under the prevention of food adulteration act 1954 not in a summary way but following the procedure prescribed for trial of a warrant case and without passing an order as contemplated in the proviso to section 16a of the act is a curable irregularity and the trial is not vitiated, if the accused does not satisfy the court that there has been failure of justice or prejudice caused ..... of 1990, it was held that trying the case adopting warrant procedure constituted violation of section 16a of the act and on account of the irregularity, the conviction and sentences were held to be vitiated. ..... in a prosecution before the incorporation of section 16a of the act, the magistrate failed to adopt the procedure prescribed for warrant case by not examining prosecution witnesses before framing .....

Devisingh Vs. Vikramsingh and ors.

Court : Madhya Pradesh

Reported in : 2008ACJ393; AIR2008MP18; 2007(4)MPHT535; 2008(1)AIRKarR349(FB)(MP); 2008AIHC400; (MP)(FB)

..... cycle shall carry more than one person in addition to himself on the motor cycle and in the present case, the driver of the motor cycle was carrying two pillion riders in violation of section 128 of the act and, therefore, the compensation awarded by the tribunal in favour of devisingh, who was one of the two pillion riders, should have been reduced on account of his contributory negligence.3.in its order dated 24-8-2007 passed in ..... ), another division bench of this court accepted the contention that the deceased who was driving the scooter along with three other persons by violating the provisions of section 128 of the act was negligent and had accordingly determined the liability on the owners of the jeep and the scooter in the proportion of 70 : 30 and another division bench of this court in kanti devi sikarwar and ors. ..... 2000 acj 737, a division bench of this court has taken a view that carrying more passengers than one on motor cycle is in violation of section 128 of the act but by carrying more persons, one cannot be said to be negligent as a person having more than one pillion rider can also be more careful than a person going alone on a motor cycle and accordingly repelled the ..... is not correct in law.since we have answered the questions referred to us, the matter will now be placed before the appropriate division bench for hearing. ..... learned senior advocate, appearing for the appellant relying on the ratanlal & dhirajlal, the law of torts, 25th edition 2006 by justice g.p. .....

Sidharth Vs. Smt. Kanta Bai

Court : Madhya Pradesh

Reported in : AIR2007MP59

..... and came to hold that the court is not disabled from attempting reconciliation before passing an order under section 24 if it appears to the court that the position of the parties is such that it would be appropriate to attempt reconciliation at that stage, but, the failure of the court to make an attempt to bring about the reconciliation of the parties before passing an order under section 24 of the ..... an enabling provision to empower either of the spouses to survive and contest the litigation and unless there is conferral of benefit of economic ability to contest, is deserving, there would be mockery of justice and a proceeding under the act seeking substantial relief would be an apology for real adjudication and the conception of fairness of adjudication especially in the backdrop nature of the us involved shall pale into insignificance and reach an abysmal state. ..... contended that a judge who decides matrimonial issues has a different role than the authority who has been empowered to bring in conciliation under the industrial disputes act, 1947, for the first enactment deals with a sensitive human problem, a concern of a sensitized collective whereas the second statute basically deals with the ..... and inherent jurisdiction of this court under article 227 of the constitution of india the petitioner has called in question the defensibility and tenability of the orders dated 24-1-2004 and 13-8-2006 passed by the learned iind additional district judge, chhindwara in civil suit no. .....

M.P. Oil Extraction Limited Vs. State Trading Corporation of India and ...

Court : Madhya Pradesh

..... learned senior counsel appearing on behalf of the appellant has contended that the order passed by the court is illegal because the earlier application was filed under section 8 of the act 1996, however, the provision of part-i of the act 1996 would not be applicable in view of the arbitration agreement and the provision of part-ii would be applicable, hence, the findings recorded by the trial court that the order dated 14.05.2002 passed on ..... the provisions of section 45 of the 1996 act are to prevail over the provisions of the cpc and when the court is satisfied that an agreement is enforceable, operative and is not null and void, it is obligatory upon the court to make a reference to arbitration and pass appropriate orders in relation to the legal proceedings before the court, in exercise of its ..... from the aforesaid judgment of the hon ble supreme court it is clear that the provisions of section 45 of the act 1996 would prevail over the provisions of cpc and if the agreement is enforceable and operative, it would be obligatory on the part of the court to make a ..... the respondent no.2 filed an application before the court under section 8 of the arbitration and conciliation act 1996 (hereinafter in short the act of 1996 ) for stay of the suit proceedings and further pleaded that the civil suit is not maintainable in view of the arbitration clause ..... the court that plaintiff prayed a relief against both the defendants and civil court would be appropriate forum to decide the dispute. 6. .....

Madanlal Vs. Sub-divisional Magistrate (City) and anr.

Court : Madhya Pradesh

Reported in : AIR1965MP128; 1965MPLJ227

..... by such person and after giving him an opportunity of being heard, he is satisfied that--(i) the newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this act or rules made thereunder; or(ii) the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same state ..... it obligatory on the magistrate to cancel the declaration on satisfying himself that the newspaper, in respect of which a declaration had been made, was being published in contravention of the act or the rules made thereunder or that it bore a title which was the same as or similar to any other newspaper published either in the same language or in the same state ..... the declaration.learned counsel proceeded to say that in authenticating or in refusing to authenticate a declaration under section 6 or in cancelling a declaration under section 8b the magistrate discharges a purely administrative act and does not function in a judicial or quasi judicial capacity; and that, therefore, the order of the sub-divisional magistrate (city), jabaipur, refusing to cancel the respondent no. ..... the magistrate has full discretion in the mailer of appropriate action that should he taken if he is satisfied about the existence of any of the matters stated in clauses (i) to (iv).the infringement of sections 5(1) and 5(2b) of the act in the present case on the part of the .....