Court : Madhya Pradesh
Reported in : AIR2004MP151; 2004(1)MPLJ512
..... carriage of tendu leaves from khamaria to narsimhapur. while the truck was going from richhai to narsimhapur, loaded with tendu leave bags, it caught fire , due to spark from electric supply line of the appellants. as a result, except for 6 bags of tendu leaves, remaining bags were burnt. the truck was also burnt in the fire. therefore, ..... precautionary measures. the accident could also have happened due to the negligence of the labourers sitting on the bags of tendu leaves, smoking bidis, and not because of the electric line.4. accordingly, trial court framed as many as 6 issues in the case. after recording evidence, it held that the accident took place on 3-6-1992 ..... when truck no. cpj 4122, going from richhai, loaded with bags of tendu leaves, carried by bhagwansingh to narsimhapur, caught fire due to sparks from the electric wires, resulting in the burning of the truck with 148 bags of tendu leaves. the trial court also held that the accident took place due to the negligence of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT486
..... . the courts jurisdiction is not to examine the formula of fixing the tarrif like an expert but the court is concerned as to whether it violates any provision of electricity act or rules/regulation or whether it affects any of the provision of constitution. in other words, the sphere of inquiry on such matter is very limited.8. what ..... counsel for the parties and having perused the impugned communication (annexure p-5) in the context of the electricity laws. i find no merit in these writs.6. the power to fix the tarrif eminets from section 49 of the electricity (supply) act 1948. sub-section (2) of section 49 provides for certain criteria to be taken note of by ..... is that the terms and conditions of supply should be subject to the provisions of the act. clause 39 does not violate any provision in the supply act. it is the statutory duty of the board to arrange for the supply of electricity throughout the state and for transmission and distribution of the same in the most efficient and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ1385
..... view that tribunal has committed error. evidence available on record clearly indicates that the deceased naresh was working as electrician and performing the electric work on tractors and other motor vehicles. even though there is no documentary evidence with regard to his actual earnings, the earnings of ..... .3.2000 at about 12.45 in the afternoon naresh was standing in front of his shop and repairing a tractor which had some electrical problems when a truck bearing no. mpg 5867 driven by respondent no. 1, owned by respondent no. 2 and insured with respondent ..... therefore, would be earning at least rs. 200 per day. inviting our attention to the judgments rendered in the case of nirmala v. fazal khan 2007 (1) mpwn 23; pachki bai v. mansha ram and mohd. latif v. rashid khan : 2006(2)mpht112 . mr. b.d. verma ..... rajendra menon, j.1. this is claimants appeal under section 173 of the motor vehicles act, 1988, assailing the award dated 15.7.2001 passed by the third additional motor accidents claims .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP91; 2002(5)MPHT220
..... by the statement of objects and reasons of amendment act of 1956. the same can also be understood from the statement of objects and reasons of amendment act of 1962. is can also be gathered from the statement of objects and reasons of amendment act 1985.14. all led to a goal ..... ,41 lacs, is to be pafd in view of the settled agreement.19. mpfc is entitled to appoint an employee who would be acting as its representative at the sites of those units. his salary should be rs, 4000/- per month. a new person should be employed ..... the appellants became the defaulters and were put to task. by taking appropriate action by mpfc in view of section 29 of the act, an agreement was brought in existence on account of settlement and a sum of rs. 40.00 lacs was to be paid by ..... its full extent i.e. rs. 58.00 lakhs. m.p.f.c. took over appellants' units under section 29 of the act on 8-2-1995. the amount remained to be unpaid. the amount payable increased and that has finally approached the figures as indicated by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPHT382
..... as may be specified in the notification;(vii) 'local area' means an area, whether urban or rural, declared by [subs. by prevention of food adulteration (amendment) act, 1964(49 of 1964), section 2 (w.e.f. 1-3-1965)(the central government or the state government) by notification in the official gazette, to ..... other local area, such authority, as may be prescribed by subs. by prevention of food adulteration (amendment) act, 1964 (49 of 1964), section 2 (w.e.f. 1-3-1965)(the central government or the state government) under this act;(viii-a) 'local (health) authority', in relation to a local area, means the officer appointed ..... limits, of all municipalities, municipal corporations, cantonments, notified areas, town areas, janapads and areas within the jurisdiction of panchayats constituted, declared or established, under the act relating to local authorities in force in the various regions of the states; and(ii) railway premises including railway stations and colonies, to be 'local areas' for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT182
..... into insignificance. life refuses to kick one to live; the purpose of life gets fossilized and the ebullience slowly becomes ossified. in an orderly society the supply of electricity of liberty can never be allowed to be stopped. to live, is not necessarily mean to live like an unperson but to live with dignity. more than two ..... 2d 20 : 241 n.e. 2d 587, 589. to permit a thing to be done in the future. it has a mandatory effect or meaning, implying a direction to act.'authorised' is sometimes construed as equivalent to 'permitted', or 'directed', or to similar mandatory language. possessed of authority; that is, possessed of legal or rightful power, the synonym ..... 2003 sc 739, wherein the constitution bench held thus :-'the right of appearance in courts is still within the control and jurisdiction of courts. section 30 of the advocates act has not been brought into force and rightly so. control of conduct in . court can only be within the domain of courts. thus article 145 of the constitution .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP286; 1988MPLJ489
..... 'm.c. rules') for mining various minerals in different parcels of land in various villages. by the madhya pradesh land revenue code (amendment) act, 1987 (no. 25 of 1987), (for short, the 'amending act'), certain amendments were made in section 59 of the madhya pradesh land revenue code. 1959, (for short, the 'mplr code' or the code'), ..... cases, though not of much consequence, may be noted. some petitioners have filed two petitions challenging the demand notices by separately challenging the vires of the amending act and the validity of the new assessment rules. in some cases, petitions have been filed in anticipation of demand notices. there are petitions, where demand ..... general fairly conceded that an opportunity of hearing, ought to have been given to the petitioners. 16. the upshot of the aforesaid discussion is that the amending act cannot be declared to be beyond the legislative competence of the state legislature, but the new assessment rules are liable to be struck down as invalid, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP1
..... , rejected. 9. the next argument of learned counsel for the petitioner relates to the constitution of wards. sub-section (4) of section 11 introduced by the amendment act provides that each gram sabha area shall be divided into such number of wards as may be determined by the collector and each ward shall be a single member ..... and the same is rejected. 5. the next argument of learned counsel for the petitioner is that the proviso to sub-section (2) of section 21 introduced by the amendment act violates article 14 of the constitution and is, therefore, ultra vires. the relevant part of section 21 reads as under :-- '21. (2) every gram panchayat shall ..... for the petitioner, is that section 6-a (1) (a) introduced in the m. p. panchayats act, 1962, by the m. p. panchayats (amendment) act, 1978 (hereafter called the amendment act) is ultra vires section 19 of the representation of the people act, 1950 because it reduces the qualifying age of a voter to 18 years instead of 2l years. learned counsel .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1980MP43a
..... in brij gopal's case, the question was of finding the meaning of the word 'determine' occurring in article 228a of the constitution inserted by the constitution (42nd amendment) act, 1976. the conclusion reached therein was not in respect of the word 'heard' with which wa are concerned. all the same, we have already referred to the ..... honourable the chief justice whereby he had directed the bench registry at gwalior to remit all the pending petitions wherein questions of vires of the m. p. gram panchayats (amendment) act, 1978 (no. 135 of 1978) were raised. when this petition came up for motion hearing before a division bench consisting of late honourable r. k. tankha and ..... passed by hon'ble the chief justice (respondent no. 3) calling all the writ petitions involving the question of vires with regard to the madhya pradesh gram panchayats (amendment) act, 1978 (no. 135 of 1978), which have been pending at the gwalior bench of this high court.' xx xx xx xx 'shri y. s. dharmadhikari, counsel .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP45; [1963(7)FLR426]; 1964MPLJ43
..... (air 1061 madh pra 182) and other cases, continued to be null and void; that the state legislature was not competent to amend the central act and, therefore, the validation act wasultra vires and constitutionally invalid; that the validation of the notifications dated 30th december, 1958, amounted to fixation or revision of the rates ..... 182). the notifications having been struck down by this court, the state legislature enacted the minimum wages (madhya pradesh amendment and validation) act, 1961, (hereinafter referred to as the validation act).after the validation act came into force, five petitions under article 226 of the constitution were filed in this court questioning its validity on ..... 1962 mplj 849 : (air 1962 madh pra 342) (supra), that the validation act was an independent act and was not an enactment directly amending or repealing any provision of the central act; that both the central act and the validation act coexist in the state subject to the rule laid down in clause (2) of .....
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