Court : Madhya Pradesh
Decided on : Apr-25-2003
Reported in : 2004(1)MPHT400; 2003(4)MPLJ398
..... purpose of clothing the tribunal with the jurisdiction to entertain application by the banks and other financial institutions. but the language of the cooperative societies act is quite different. section 64 has been couched in a broader base and has different ramification. as has been stated earlier a loanee can raise a dispute against the ..... provisions of order 33 of the civil procedure code were not applicable to the proceedings before the railway tribunal. by construing provisions similar to those contained in section 11 of the act under consideration before us, the supreme court held that a pauper who is unable to pay court fees can not be denied the remedy before ..... passed by the joint registrar preferred separate appeals before the tribunal. the tribunal did not consider the claim of the petitioner on the ground that section 64 of the act does not envisage filing of any counter claim and determination or adjudication thereof.6. it is averred in the petition that the impugned order .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-23-2003
Reported in : 2003(4)MPHT95; 2003(3)MPLJ436
..... government but it belongs to the board which is separate and distinct from the state government. the petitioner filed an appeal before the district court as per section 149 of the act against the order of the municipal commissioner and it has been dismissed by the impugned order.4. the learned counsel for both the sides have been heard ..... submitted before the corporation that the building belonging to it is exempted from the property tax as per section 136 (a) of the act. according to the petitioner the building is 'owned by and vesting in the state government' and therefore, the demand of property tax from the petitioner ..... government and it should be recognised as such.3. the commissioner, municipal corporation, bhopal has imposed property tax on the building belonging to the board as per section 132 of the act. he has demanded property tax of rs. 13,53,225/- from the petitioner as per demand notice dated 2-8-1999 (annexure r-3). the petitioner .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-16-2003
Reported in : 2003(4)MPHT426
..... of the definition. a person does not acquire or suffer disability by choice. an employee, who acquires disability during his service, is sought to be protected under section 47 of the act specifically. such employee, acquiring disability, if not protected, would not only suffer himself, but possibly all those who depend on him would also suffer. the very ..... establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.' 7. the provisions of the act mentioned above came up for consideration before the supreme court in kunal singh v. union of india, (2003) 4 scc 524. the supreme court laid ..... more he would be entitled to minimum pension. therefore, it is necessary for the respondents to consider the case of the petitioner in terms of section 47 of the act.9. in the result this petition is partly allowed. the respondents are directed to consider the case of the petitioner in terms of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-27-2003
Reported in : 2003ACJ2081; AIR2003MP205; 2003(4)MPLJ306
..... was not in the statute book.24. regarding point no. 2, it was contended by shri mukherjee that under clause (b) of sub-section (1) of section 17 of 1987 act quoted earlier the limitation is one year from the date of occurrence of the accident and in this case claim has been filed after four years ..... ground that, amendment is neither clarificatory, nor amplification of the preexisting provision.23. therefore, we are of the view that clause (c) of section 123 and section 124a inserted by amending act cannot legitimately be pressed in service for testing the question of liability of the railways on the date of incident incident occurred on july 14, ..... railway administration to be carried by railway. [(1a) the claims tribunal shall also exercise, on and from the date of commencement of the provisions of section 124a of the railways act, 1989, all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-17-2003
Reported in : [2003(97)FLR874]; 2003(2)MPHT65; 2003(2)MPLJ555
..... be specified in, such notification. first notification was issued on 31-12-1960. the notification provides that ail the provisions of the said act other than sections 1 and 112 shall come into force on 31-12-1960 in respect of undertakings in the industries specified in the schedule below wherein ..... fibres including regenerated cellulose-rayon, nylon and the like. (8) coke over by-products. (9) coal-tar distillation products like, naphthalene, anthracene and the like. (10) explosives including gunpowder and safety fuses. (11) insecticides, fungicides, weedicides and the like. (12) textile auxiliaries, (13) sizing materials including starch. (14) miscellaneous chemicals. from the ..... .p., indore and ors., reported in 1968 mplj page 95, the division bench of this court has held that the notification issued under section 1 (3) of the act making it applicable to cement industry. workers engaged for construction of factory for manufacturing cement cannot be deemed to be working in cement industry .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-30-2003
Reported in : 2004ACJ1474; [2004(102)FLR276]; (2004)IILLJ708MP
..... 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 june 19, 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, ..... ,29,987.00 along with an amount of rs. 500.00 towards the costs with the commissioner on may 10, 2002. the certificate as required under section 30 of the act has also been filed along with the appeal.7. shri r. maindiratta, learned counsel for the appellant vehemently submitted that the commissioner failed to correctly appreciate the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-07-2003
Reported in : 2004(2)MPHT202
..... have no hesitation in coming to the conclusion that the competent authority has not calculated the entitlement of the plaintiffs in accordance with the rules laid down in section 7 (1) of the act and, therefore, the order of the competent authority (ex. p-19) is invalid and ineffective.'4. shiv prasad (p.w. 1) has stated that the suit land ..... land' shall be construed accordingly. 'family' is defined in section 2 (gg) of the act to mean, husband, wife and their minor children. (see also krishna kumar v. state of m.p., 1982 mplj 332; sarjubai v. state of m.p., ..... no. 2-a/76 was dismissed. the first appellate court dealt with the points aforesaid and in judgment paras 7, 8 and 13 respectively has held :--'7. section 2 (h) of the act defines 'holder' to mean a tenure holder or an occupancy tenant or a government lessee of land within the state and the expression to hold land or 'holding .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-21-2003
Reported in : AIR2004MP129
..... v. swami ashanand, (2003) 2 scc 26 : (air 2003 scc 823). that case relates to u.p. urban buildings (regulation of letting, rent and eviction) act, 1972. section 21(1)(a) of the said act provides that a decree for ejectment can be passed in favour of tenant if the landlord requires the suit premises for occupation by himself or any member ..... the profession of a lawyer and this court has held that the activity carried out for earning livelihood is included in the term of business occurring in section 12(1)(f) of the act and decreed the suit. this court has further held that the meaning of word 'business' is not restricted only to the commercial activities. thus, this ..... the suit filed by the plaintiff is decreed by the trial court and it is held that the plaintiff is entitled to get decree for ejectment under section 12(1)(f) of the act as he requires the suit premises for opening clinic for charitable purpose. this judgment was challenged by the tenant by filing an appeal. this appeal was .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-03-2003
Reported in : 2004ACJ1467
Bhawani Singh, C.J.1. Through this appeal, the award of the Motor Accidents Claims Tribunal, Raisen, dated 30.6.97 in Claim Case No. 21 of 1997, is challenged.2. The claimants are father and brother of deceased Awadh Narayan (22), who died in the motor accident on 21.7.1985, when jeep No. MPD 8524 hit Madhya Pradesh State Road Transport Corporation (M.P.S.R.T.C.) bus No. MPH 891. Allegation is that the jeep was being driven rashly and negligently otherwise the accident would not have taken place. The deceased left behind father, 2 brothers and Shardabai (widow). It is stated that the deceased was grain merchant earning Rs. 1,000 per month.3. The respondents state that the accident was not caused by M.P.S.R.T.C. bus, it was caused by the driver of the jeep. Accordingly, it is submitted that the claim be dismissed.4. After recording of evidence, the Claims Tribunal found that the jeep was responsible for causing the accident. However, compensation of Rs. 15,000 has been awarded on the gr...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-13-2003
Reported in : AIR2004MP68
..... direction for its refund to the petitioner. it is not the case of enforcement of purely contractual obligation. the board is an instrumentality of the state and it has to act in a just, fair and reasonable manner. the petitioner company made the security deposit with the board on the faith of its representation that it would provide a bankable escrow .....
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