Court : Madhya Pradesh
Reported in : AIR1960MP105; 1960CriLJ482
..... in the second, the accused is liable to an appropriate punishment.6. ..... the charge was that the accused was driving rashly and negligently (laparwahi wa be ehtiyati) and he struck against roshanlal causing his death and that the act of the accused did not amount to culpable homicide. ..... in these words :'culpable rashness is acting with the consciousness that the mischievous and illegal consequences may follow, but with the hope that they will not, and often with the belief that the actor has taken sufficient ..... the imputability arises from acting despite the consciousness. ..... there can be no doubt that in a case under section 304a where a man is killed in consequence of rash or negligent act of an accused, a sentence of a fine of rs. ..... culpable negligence is acting without the consciousness that the illegal and mischievous effect will follow, but in circumstances which show that the actor has not exercised the caution incumbent upon him and that if he had he would .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP418; 1959CriLJ1438
..... 'their lordships continued:'it may be that on a more appropriate occasion we may have to review the case law on the subject and lay down the true scope of the pronouncements made by the p. c. ..... , but, for the purposes ef the present case it is sufficient to point out that even if we assume that there was some defect in the procedure followed at the trial, it does not follow that the trial court acted without jurisdiction.'10. ..... rule das acting c, j. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP361
..... a petition under article 226 of the constitution of india for the issue of a writ of mandamus or other appropriate direction to the respondent not to interfere in any way with the running of the petitioner's charcoal and firewood ..... the cantonment board should then have determined if the case of the petitioner fell under either of the two categories mentioned in sub-section (2) of section 210 of the act; if it did not, then according to the provisions of the said section, the cantonment board could not refuse to issue a licence to him.as no hearing was given to the petitioner ..... that the lands in the cantonment area are held on special terms and it is desirable in public interests to invest the authorities consituted under the act with wider powers of control and restriction on certain kinds of trade and occupation than might be considered as reasonable in the case of other ..... in view of the reasons set forth above, the provisions of section 210 of the act cannot be said to impose an unreasonable restriction on the exercise of the right guaranteed by article 19(1)(g) of the constitution of india,it would, however appear that it was necessary for the cantonment board to grant an opportunity to the ..... ; (iii) there is no provision for an inquiry to be held in the presence of the applicant; (iv) the licensing authority is not bound to give any reasons for rejecting the application for a licence; and (v) the act does not provide for an appeal against the decision of the cantonment board. 6. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP313
..... apart from the merits of this contention, the appellant is up against a serious difficulty in that the scope of the so-called appeal under section 30 of the act is very restricted, in fact, so restricted that the word 'appeal' itself seems to be less appropriate than the word 'revision'. ..... really working at the time of the mishap, but happened to pass that way; secondly that there was no notice as required by section 10 or any justification for dispensing with it under proviso (b); thirdly, that section 12 of the said act has been invoked incorrectly, the respondent being himself uncertain as to who his immediate employer was and had given a long list.2. ..... ' were themselves working properly, in accordance with the scheme laid down by the contractor of the whole, namely, the present appellant.in such a case, it would be obviously unjust and very often defeat the purpose of the act, if the employee is made to run after the sectional boss or the petty contractor. ..... this is an appeal under section 30 of the workmen's compensation act (8 of 1923) by the employer who has been ordered by the commissioner for workmen's compensation, ujjain, to compensate the respondent for the loss of one eye being hit by a piece of stone, in the course of his employment under ..... the scheme of the act is that the 'employer ..... on the view taken by the commissioner, it would be altogether immaterial whether or not the so-called 'demand' was really a notice of a claim as required by section 10(1) and (2) of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP130
..... section 120:'for the purpose of facilitating the application of any law in relation to any of the states formed or territory altered by the provisions of part ii, the appropriate government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon ..... but since they have not yet been adapted under section 120 of the states reorganisation act for the other territories of the 'corresponding new state (that is, the present state of madhya pradesh) they arc not operative and cannot regulate the procedure of the ..... (g) 'existing state' means a state specified in the first schedule to the constitution, at the commencement of this act; (h) 'law' includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the territory ..... shri babulal agarwal learned counsel) for the decree-holder relies on section 54 of the act and argues that the rules made by the high court of the former madhya pradesh under the code of civil procedure apply to the whole of madhya pradesh as from the appointed day (that is, november ..... the scheme of the act itself supports that view because section 54 falls in part v of the act, which relates to ' ..... appreciate this point, the scheme of the states reorganisation act 1956 (hereinafter called 'the act') has to be examined.5. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP247
..... it cannot be said, under the circumstances of the case, that the defendant's occupation of the premises was any way wrongtul.he was lawfully in possession of the premises and by the subsequent act of the initial landlord of selling the leased premises to different purchasers the possession of the defendant does not become ip-so facto wrongful. ..... a suit for determination of the proportion of the rent which the defendant is liable to pay to the plaintiff will have to be brought in appropriate court as indicated above.5. ..... section 109 of the transfer of property act which deals with such a situation provides as follows:'if the lessor transfers the property leased, or any part thereof, or. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP358; [1960(1)FLR499]
..... whether or not the tribunal would have granted a prayer to that effect, here the petitioner himself did not at the appropriate stage invite the tribunal to do so.he acquiesced both, in the splitting up and in the taking up for consideration of ..... possible under the statute to appoint assessors to assist the tribunal, there was nothing to prevent the appropriate government from appointing a three-man tribunal including two experts who would, otherwise, have been assessors. ..... the government for its part, acting under section 10(2) of the industrial disputes act, 1947 (as it stood before the amendments of 1956) made a reference to a one-man tribunal by the notification dated the 25th january 1956 to which was annexed particulars of the dispute 'according to the parties', and in their ipsissima verba.the appropriate government could not in those days (before the enactment of the new ..... a tribunal constituted without them was coram non judice.no doubt, a reference under sub-section (2) should be in accordance with the parties' petition or agreement; but that does not mean that the appropriate government should try to do, what under the law as it then stood, it could not do. ..... wishes of the parties, as far as it was legally possible to do, and that the appropriate government had done. ..... welfare and industrial harmony, in accordance with the doctrines, which are themselves in a constant flux and cannot be expressed in the form of cast iron formulae, such as are found in the indian contract: act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP142
..... adultery with the corespondent chuttan at mandla for the last three years and that she had also begotten a son from him.he, therefore, filed the present petition under section 10 of the act for the dissolution of his marriage with his said wife, the respondent roshni singh, on the ground that since the solemnization of his marriage with her, she had been guilty of adultery ..... for damages is founded on the hypothesis that the husband has suffered injury by being deprived of the comfort and society of his wife through the wrongful act of the co-respondent consequently, it is now well settled that compensatory damages only can be given and that exemplary or punitive damages are not permissible ; ..... , where the authorities are well collected and the appropriate considerations are indicated.now upon the pecuniary aspect of the value of a wife the ..... the deputy government advocate, who appeared for the legal remembrancer on a notice as required by section 17a of the act, also stated that there was no evidence of collusion between the parties and that the state government had no objection ..... the co-respondent has not appealed against the order, but, under section 17 of the act, we have power to deal with the question at the time of confirmation of the ..... the petitioner and the respondent roshni singh for about a year after marriages was happy and that the loss of the former's wife was brought about by a wrongful act of the co-respondent chhuttan without any fault on the part of the petitioner. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP299
..... it is, therefore, prayed that a writ of certiorari or any other appropriate direc-tion should be given to the state government forthe setting aside of the order of retrenchment and his reabsorption into the service.4. ..... the general principle is that an application for the filing of which a definite period of limitation is prescribed, should be thrown out in limine if that period is exceeded, unless the principles contained in section 5 of the limitation act apply, and sufficient cause is made out. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP381
..... took a pakistani passport during a visit to that country in 1954 that they had applied in 1954 for a resettlement permit (on i form) to the indian high commissioner at karachi and therefore the authorities should be directed by this court by an appropriate writ not to deport them and at least to wait till they get an opportunity to move the government of india under section 9(2) of the indian citizenship ..... some rulings have been quoted to show that no steps under the foreigners act can be taken at this stage. ..... for nearly five years, but on 6-9-1959, they were served with notices by the civil and registration authority of district ujjain, to show cause why they should not be deported to pakistan presumbly under the foreigners act of 1946, as amended in 1957. .....
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