Court : Madhya Pradesh
Decided on : Apr-16-2003
Reported in : AIR2004MP48; 2003(3)MPHT467; 2003(4)MPLJ109
..... that on completion of 12 years period in respect of above vehicle petitioner is required to replace the vehicle. this condition was imposed as per section 88 of the motor vehicles act, 1988 (hereinafter referred to as 'the act'). the period of 12 years has expired on 17-1-2001.3. it is averred by the petitioner that under sub-rule (3) of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-30-2003
Reported in : III(2006)ACC320
..... credibility of the evidence is concerned, it is mainly a matter for the commissioner and not for the high court sitting in appeal. proviso to sub-section (1) of section 30 of the act provides that 'no appeal shall lie against the order of commissioner unless a substantial question of law is involved in the appeal', therefore, all that ..... sustained by him in the course of employment he expired on 19.6.1997. when he was changing the cylinder of fire extinguisher an accident occurred because of explosion. she has also stated that her husband was employed by the bank as electrician to maintain the regular supply of electricity in the branch.9. as against this ..... rs. 1,29,987 along' with an amount of rs. 500 towards the costs with the commissioner on 10.5.2002. the certificate as required under section 30 of the act has also been filed along with the appeal.7. mr. maindiratta, learned counsel for appellant vehemently submitted that the commissioner failed to correctly appreciate the oral and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-20-2003
Reported in : 2004(2)MPHT533; 2003(3)MPLJ481
..... office-tenure forthwith, and can not therefore, be withdrawn or revoked thereafter. but, if he by such writing, chooses to resign from a future dale, the act of resigning office is not complete because it does not terminate his tenure before such date and the judge can at any time before the arrival of that ..... servants and constitutional functionaries. in the case of a government servant or functionary who cannot, under the conditions of his service/or office, by his own unilateral act of tendering resignation, give up his service/or office, normally, the tender of resignation becomes effective and his service/or office-tenure terminated, when it is accepted ..... it is urged in the petition that the acceptance by the management does clearly project that such acceptance is from the future date and by such an act the management has curtailed the right of the employee seeking withdrawal of his voluntary retirement thereby excising the jural relationship of employer and employee though the same .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : 2003(3)MPHT22
..... retrospectively retiring the applicant from 30-11-1996. 3. being dissatisfied with the aforesaid order the applicant knocked at the doors of the tribunal invoking its jurisdiction under section 19 of the administrative tribunals act, 1985. before the tribunal the applicant contended that the order of retirement could not have been passed retrospectively; that at the fag end of the career of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-23-2003
Reported in : 2004(1)MPHT297; 2004(2)MPLJ15
..... to be followed, the provisions of section 19 of general clauses act can not be applied in the present case.13. shri vivek jain placing reliance on the judgment of supreme court in the case of central ..... be accepted.12. shri vivek jain, learned counsel appearing for the respondents had placed great stress on the question of applicability of provisions of section 19 of the general clauses act. the said provisions can not be applied for the simple reason that the rules in question being occupied by specific rules providing for specific procedure ..... and jurisdiction of the dy. general manager (aviation) in issuing the charge-sheet is concerned, it is argued by shri jain, placing reliance on section 19 of the general clauses act, 1897 that the law relating to superior of an office applies to deputies and sub-ordinates performing the duties of the office lawfully. in this .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-05-2003
Reported in : II(2004)DMC48; 2004(2)MPHT550
..... writ under article 227 of the constitution of india. it is filed by the defendant, against an interim order, passed by the family court on an application under section 24 of the hindu marriage act. by impugned order, the learned family judge has fixed rs. 2,500/- per month by way of maintenance to be paid to petitioner i.e. wife, rs .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-25-2003
Reported in : 2004ACJ902
Deepak Verma and S.K. Seth, JJ.1. Mr. Manish Jain, learned counsel for appellant.None for respondent Nos. 1 and 2.Mr. H.G. Shukla, learned counsel for respondent No. 3. They are heard on I.A. No. 1148 of 2003, an application made by appellant for dispensing with service of notice on respondent Nos. 1 and 2. Application considered. It is hereby allowed. With consent arguments heard on merits.2. For the injuries sustained by the appellant in a motor accident whereby he had suffered compound and multiple fractures on both legs, a total amount of Rs. 1,50,000 has been awarded to him by the Claims Tribunal vide its order dated 16.3.2002. Evidence of PW 1 Dr. Sahid Hussain and PW 2 Sushil Gupta would show that his permanent disability in both legs was to the tune of 32.6 per cent. At the time of the accident he was aged about 38 years and was engaged in the business of selling chat from his shop. The injuries have been described at length by PW 1, Dr. Sahid Hussain. There was also shortening...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-10-2003
Reported in : 2004ACJ1427
Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Mandla, dated 12.5.1998 in Claim Case No. 40 of 1995.2. Shortly stated, on 9.6.1993 deceased Santosh (20) was travelling in truck bearing No. MKJ 8031. Since the truck was being driven rashly and negligently by the driver, the deceased fell from it and died. There is no dispute about taking place of accident and death of deceased, as alleged. The Claims Tribunal decided this issue in favour of the claimants rejecting the defence taken by the respondents. Compensation of Rs. 65,000 has been awarded with interest at the rate of 12 per cent per annum.3. Short question for consideration is whether the claimants have been awarded just compensation by the Claims Tribunal?4. Learned counsel for the parties heard. Record perused. Counsel for the claimants submits that the Claims Tribunal has not assessed the compensation properly, since it did not consider the relevant evidence properly. Mr....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-13-2003
Reported in : 2004ACJ920
Uma Nath Singh, J.1. Being aggrieved by an award dated 21.2.2000 passed by learned IX Motor Accidents Claims Tribunal, Gwalior in Claims Case No. 99 of 1999 giving only a sum of Rs. 50,000 for no fault liability plus Rs. 4,500 for funeral expenses and loss to estate, appellants (parents of the deceased) have preferred this appeal mainly on the ground that learned Tribunal has erred in law in not following the mandate of the statute in calculating the compensation as per Schedule.2. Needless to say that even in the case of a person not earning at all, his income is statutorily assessed at Rs. 15,000 per annum. In the instant case, deceased aged 6 years was the only female child and the parents are said to be incapable or begetting any further issue for medical reasons. It is also said that the deceased was a bright student and would have fared well in the future. Thus, looking to the circumstances of the case, it would not be open to contend that the deceased would have been handicapped...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-21-2003
Reported in : III(2004)ACC88; 2004ACJ1024
..... have gone out safely and the doors are properly closed. moving the bus while passenger(s) is/are in the process of moving in or moving out is a negligent act. in this case, deceased was in the process of getting down. he was to take care, apart from getting down himself, of bundles of newspaper, which could take some time .....
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