Court : Madhya Pradesh
Reported in : 2003ACJ542
..... is calculated from the date of accident till remarriage. the contention that the second husband earns less and the marriage was performed for purposes of safety and security, therefore, dependency be assessed accordingly has been rejected on the ground that the widow, after remarriage, lost her entitlement to claim compensation as a dependant. ..... different principle be made applicable in case of wife who marries after the death of husband? compensation awarded by motor accidents claims tribunal under the motor vehicles act, 1988, is not maintenance. it is a compensation for the loss sustained by the legal representative(s) for the death of their relation. the legal ..... female limiting her right to the property without the full ownership thereof. the discrimination is sought to be remedied by section 14(1) of hindu succession act, 1956 by enlarging the scope of acquisition of property by a hindu female by appending an explanation with it. section 14 has to be construed harmoniously, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP175; 1991(0)MPLJ550
..... to the terms of this section 6, an application for grant of licence shall be made in the prescribed form, accompanied by such fee and security as may be prescribed. on receipt of such application, the licensing officer, after such enquiry as he may deem fit, may grant that ..... by different notifications, certain areas described by geographical boundaries have been declared as prohibited areas, in exercise of powers under section 5(1) of the act. the state of madhya pradesh, in its forest department, issued a memo no. d-453/51/42/10/3/86, dated december 26, ..... and the environment, the madhya pradesh legislature enacted the m. p. kashtha chiran (viniyaman) adhiniyam, 1984, (act no. 13/84 -- to be referred to as the 'act'). it came into force in the entire state of madhya pradesh from the appointed day, i.e., 15th december, 1983. section 3 ..... substance in these petitions, which are all dismissed. there shall, however, be no order as to cost. the security amount shall be returned to the petitioners. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1988)67CTR(MP)152
..... rent and the expenditure was, therefore, of a revenue nature, the accountant member was of the view that the payment of the premium was by way of price for securing a right of an enduring nature over the plot aforesaid and, consequently, the expenditure was of a capital nature. in view of the difference of opinion between the two ..... a private individual on an annual rental of rs. 10,752 for the purpose of excavation to win manganese ore lying deposited under the land. the assessee had secured rights from the mining department of the government to excavate the deposits of manganese ore lying in the land and it was for that purpose the lease agreement was ..... the sole arbitrator agreed upon by both parties or in the absence of such agreement by two arbitrators one to be appointed by each party. the provisions of the arbitration act, 1940, and any statutory modification thereof shall apply to any such arbitration. (10) you will abide by any terms and conditions that may be imposed by the company .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP260
..... day, there have been many changes - political, social and economic while terrorism has disturbed the global scenario. primary of the interest of nation and the security of state will have to be read into the universal declaration as also in every article dealing with fundamental rights, including article 21 of the indian constitution. ..... the railway stations and yatri niwas, are essential components of the govt. machinery which carries on the commercial activity. if any of such employees commits an act of tort, the union govt. of which they are the employees, can, subject to other legal requirements being satisfied, be held vicariously liable in damages ..... guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2002(95)FLR1101]; 2003(2)MPHT22
..... and it was contended that the provisions of article 311 would be attracted in the case of employees of the respondent-corporation created under a statute (the state financial corporation act). although the division bench of this court was of the view that article 311 was not attracted and so the petition under article 226 was not maintainable, nevertheless, the division ..... penalty of dismissal be not imposed on him. the plaintiff submitted his reply on 11-10-68. the disciplinary authority by a detailed order dated 26-11-68 purporting to act under regulation no. 40 of the m.p. financial corporation (staff) regulations, 1958 (for short 'the regulations') imposed major penally of dismissal on the plaintiff making the order effective on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997CriLJ2622
R.P. Gupta, J.1. The appellant has been convicted Under Section 302 I.P.C. and sentenced toimoprisonment for life videjudgmentdated 16-9-89. The appellant has approached this Court in appeal.2. It was in S.T. No. 75/88 arising out of Cr. Case no. 771/88 of Police Station Maharajpur district Mandla that the learned Sessions Judge Mandla, vide judgment dated 16-9-89, found the accused guilty and sentenced him to life imprisonment.3. The incident occured on the night between 27th and 28th March, 1988 in village Newargaon within the jurisdiction of Police Station Maharajpur, district Mandla. Deceased Khimia Bai had become pregnant from the appellant-accused Samlu. This was noticed in a village assembly (Panchayat) held on 11th March, 1988. The appellant had admitted this fact before the Panchayat. Khimia Bai was a blind woman, aged about 35 years, while the appellant was aged about 30 years. Pregnancy was about 28 weeks. The appellant then agreed to keep Khimia Bai in his house, henceforth...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(1)MPHT508
..... by the respondent in not supplying the standard bags wherefore the agreement was entered into, the respondents were not justified in terminating the contract and forfeiting the security amount.5. to substantiate the submissions the learned senior counsel besides placing reliance on various clauses of agreement and more particularly clauses 2, 5, 10 places ..... to establish that there is a failure on the part of the respondent in discharging public function or public duty. the dispute frescoed in the writ petition borders upon the facts that in pursuant to a contract the petitioner was entitled for the supply of standard bags collected from unit no. 966 silfori; however, ..... home the submissions that even in contractual matters the high court can interfere under article 226 of the constitution of india if the state or its instrumentality acts in an arbitrary manner. on the anvil of these submissions, the petitioners claim the relief noted in the earlier point of this order.6. the respondents .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP75; 2006(1)CTLJ189(MP)
..... motivated for earning profit against the declared policy. the petitioner has also criticized and challenged the new advertisement (annexure p/4) no. 103 whereby eligibility criteria was relaxed and security money was demanded by demand draft along with tender form, whereas by earlier publication, the price was fixed and the same could not be enhanced. the petitioner has also ..... bhiman krishna bose v. united india insurance co. ltd. : (2001)6scc477 , it is observed by the supreme court that 'the state and its instrumentalities are duty bound to act with fairness and take into consideration only relevant materials when reaching decisions even with regard to contractual relations'.11. again in the case of ugar sugar works ltd. v. delhi ..... bidder and would also fulfil the other conditions is not in any way illegal, arbitrary or unfair on the part of the respondents. therefore, there is no force in this petition of the petitioner and the same is accordingly dismissed with no orders as to costs.
Tag this Judgment!Court : Madhya Pradesh
Reported in : III(2005)BC284
..... the hon'ble members of the aaifr would make sincere endeavour to ensure expeditious disposal of appeal filed by the petitioner in the larger interest of the revenue and secured creditors and keeping in view the background of the case preferably within a period of three months as an outer limit. the petitioner will cooperate in expeditious disposal ..... them before the aaifr and would not unnecessarily indulge in delaying tactics to keep the matter pending thereby enjoy the benefit of section 22 to the detriment of secured creditors.'3. it may be mentioned that on the last date of hearing it was brought to the notice of the court by the respondents that the hearing ..... =air 2004 sc 2351. indeed, the observations made in these two cases are more meant for their observance by subordinate courts/tribunals including the high court when they act as subordinate court of the supreme court.6. in substance, the law laid down by the supreme court in these cases is that whenever any superior court in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(5)MPHT477; 2002(2)MPLJ304
..... opportunity of hearing is a must. in director general of police and ors. v. mrityunjoy sarkar and ors., air 1997 sc 249, the allegation was of securing the appointment on the basis of fake list of employment exchange. it was held that hearing opportunity should be provided before passing an adverse order; opportunity of ..... struggle between two opposing parties giving rise to a 'lis'. there need not be resolution of lis inter parties. the duty to act judicially or to act fairly may arise in widely different circumstances. it may arise expressly or impliedly depending upon the context and considerations. all these types of non-adjudicative administrative ..... to a broader notion of 'fairness' or 'fair procedure' in the administrative action. the administrative officers are concerned, the duty is not so much to act judicially as to act fairly. for this concept of fairness, adjudicative setting are not necessary, nor it is necessary to have lites inter parties. there need not be any .....
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