Court : Madhya Pradesh
Decided on : Oct-05-2006
Reported in : AIR2007MP118
..... manufacturing unit but only a storage depot for military ammunitions and explosives and no chemical substance having danger to the public is stored in the said depot.8. sections 3 and 4 of the act on which reliance is placed by the petitioner are quoted here in below:section 3.(1) where death or injury to any person ( ..... be utilised for paying relief under the award made by the collector under section 7 of the act in accordance with provisions of the act and scheme made under sub-section (3) of section 7a of the act. he submitted that sub-section (3) of section 7a of the act further provides that the central government by notification will make out a scheme ..... fund remain unutilized and has not been disbursed in accordance with the previsions of sub-section (3)(b) of section 7 and sub-section (2) section 7a of the act. the discretion vested in the central government under sub-section (3) of section 7a of the act thus is coupled with a duty to make and notify a scheme once the contributions .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-25-2006
Reported in : 2008ACJ892
..... must be a causal relationship between the accident and the user of the motor vehicle for the purpose of maintainability of a claim under section 92-a of the act.(37) was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and ..... dealing with the concept of 'arising out of use of the motor vehicle' provided under section 92-a of the motor vehicles act, 1939, expressed the view as under:(27) the only other question which remains to be considered is whether the explosion and fire which caused injuries to the deceased son of the respondent can be said to ..... advert to other issues and accordingly dismissed the claim petition. being dissatisfied with and aggrieved by the said award the claimants-appellants have preferred the present appeal under section 173 of the act.7. mr. n.k. jain and mr. tiwari appearing for the appellants have submitted that the tribunal has grossly erred in holding that there was no .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-15-2006
Reported in : 2006(2)MPLJ104
..... of the code, a family court shall be deemed to be a civil court and shall have all the powers of such court. therefore, under section 10 of the family courts act, said application was maintainable and the family court was bound to decide the application in accordance with law.26. now the next question which requires our ..... court.12. division bench of calcutta high court in the case of ahmadar rahaman chaudhari v. jaminiranjan barna air 1950 cal 385 has held that section 12 of the guardian and wards act empowers the court to make such orders for the protection of property of a minor as it thinks fit. discretion which is conferred upon the ..... additional district judge. gwalior. the then seventh additional district judge. gwalior passed an ex parte order dated 27-4-2002 and allowed the application under section 25 of the guardian and wards act in favour of the respondent directing delivery of custody of the son to the respondent. having learnt that said ex parte decree has been passed, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-18-2006
Reported in : AIR2006MP167; 2006(2)MPHT45; 2007(1)MPLJ181
..... dues other than fines should be made recoverable as arrears of land revenue.4. the central board of forestry has suggested, that the existing punishment in various sections of the act is rather inadequate. it is, therefore, considered necessary that the punishment should be raised to make it more deterrent.5. for some years, state government ..... , bhind, morena and sheopur that any unoccupied land within three miles periphery of the reserved land were protected forests and after m.p. extension of laws act under section 6.1 said lands continued to be the protected forests. lands within the periphery of three miles, from the reserved forests are protected forests and such protected ..... quanoon jungalat, forest declared shall continue to remain as forest.7. in order to save the forest lands, the legislature has amended and inserted section 20a in indian forest act, 1927 by state amendment no. 9 of 1965. it is provided by the amendment that entire lands declared as forests by the erstwhile merged .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-04-2006
Reported in : (2007)5VST260(MP)
..... of tax under the m.p. sthaniya kshetra me mal ke pravesh par kar adhiniyam also and reference with regard to the authorities under the mpgst act and sections under the said act has been made in the provisions of m.p. sthaniya kshetra me mal ke pravesh par kar adhiniyam, 1976.therefore, with the enactment of m ..... no. 5251/90 since the award has not been made within two years from the date of the declaration under sub-section (2) of section 126, by operation of section 11a of the central act, the notification published under section 125 shall be deemed to have been lapsed and, therefore, the authorities are devoid of jurisdiction to proceed further. we ..... to the definition of 'owner' in clause (1) of section 2 of the mines act, 1952, which repealed and re-enacted 1923 act. consequently, the references to section 562 of old code in section 19 of the probation act and to section 5(2) of the old act in section 18 of the probation act, respectively have to be inevitably read as references to their .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-19-2006
Reported in : [2008]303ITR419(MP)
..... , fine or interest), the appellate authority shall decide the appeal irrespective of such declaration. 10. learned counsel for the appellant contends that under sub-section (4) of section 90 of the finance act the appeal or reference or reply filed by the parties shall be deemed to have been withdrawn on the date on which order referred to in ..... that the investment in the building was much more than shown by the assessee and the difference was added to the income of the assessee in accordance with section 69 of the it act. accordingly, the ao treated the deemed income of the assessee in the asst. yr. 1992-92 a sum of rs. 1,09,52,620, in ..... the said tribunal have rejected the preliminary objection regarding the maintainability of the department's appeals, in view of the declaration granted to the petitioner under section 90 of the finance (no. 2) act, 1998.2. all the appeals have been admitted on the following common questions of law:(1) whether tribunal was justified in holding that appeal .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-10-2006
Reported in : (2006)201CTR(MP)385a; [2006]286ITR370(MP); 2006(2)MPLJ18
..... months r.i. and to pay a fine of rs. 3,000 on each count. applicant no. 1 was found guilty for the offence punishable under section 276c and section 277 read with section 278b of it act and was sentenced to pay a fine of rs. 3,000 on each count.2. the facts of the case which are necessary for the disposal of ..... imposed was deleted in appeal being barred by limitation, by the cit vide ex. p-11 and p-12.3. thereafter, a private complainant under sections 276c and 277 of the act and section 420 read with section 511 of the ipc was filed against the firm, the applicant no. 1 and its three partners including appellant no. 2 by ito before the ..... provisions cannot be construed to be applicable retrospectively. such penal provisions can always have prospective effect and does not have any retrospective effect and, therefore, the provisions of section 278b of the act can be said to be operative only from the date on which they came into force.9. therefore the view taken by the delhi high court in the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-23-2006
Reported in : 2007ACJ1738
..... . therefore, the appellant is equally liable to pay the amount of compensation along with driver and owner of the vehicle in view of the proviso of sub-section (2) of section 147 of the act of 1988 and also in view of the law laid down in the case of beharilal (supra).16. in view of this, the appeal stands dismissed. ..... 2000 acj 1428, wherein the proviso to section 147(2) of the act, whereby the life of the insurance policy was extended for a period of four months was taken into consideration by the hon'ble apex court and it was ..... the statutory liability'.8. learned counsel for the respondent no. 1 submits that accident took place on 23-8-1989 after coming into force of motor vehicle act, 1988 and as per section 147 of the act, liability of the insurance co. is unlimited. reliance is placed on decision in the matter of national insurance co. ltd. v. behari lai, reported in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-28-2006
Reported in : 2006(4)MPLJ20
..... the applicants and has directed that copy of the judgment be sent to inspector general of police, rewa and offence be registered against the applicants under section 4 of the act and they be prosecuted with accordingly.10. feeling aggrieved by the said remarks and the action directed to be taken pursuant to the same, this ..... which shall not be less than 6 months but which may extend to one year.6. section 23 of the act, empowers the central government to make rules for carrying out the purposes of the act. exercising the powers under section 23 of the act, central government has framed rules known as the scheduled caste and scheduled tribe (prevention of ..... same namely;(i) that before passing the aforesaid remarks and directing prosecution of the applicants under section 4 of the act, neither any notice was issued to them nor any opportunity of hearing was afforded.(ii) that section 4 of the act would not come into play as applicants had not willfully neglected their duties required to be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-20-2006
Reported in : (2006)204CTR(MP)555
..... or reference with the leave of the court, furnish proof of such withdrawal along with the intimation referred to in sub-section (2). '13. sub-section (2) of section 90 of the finance (no. 2) act, 1998 quoted above provides that the declarant shall pay the sum determined by the assessing authority within thirty days of the passing ..... the material particulars and, therefore, the designated authority should be at liberty to take action in accordance with the said proviso to sub-section (1) of section 90 of the finance (no. 2) act, 1998.11. in this appeal we are not called upon to decide as to whether the material particulars furnished with the declaration by ..... was pending before the concerned authority. he submitted that this view has also been taken by the supreme court while interpreting the provisions of sub-section (4) of section 90 of the finance (no. 2) act, 1998.9. in support of the aforesaid submissions, mr. chaphekar cited the decisions of the supreme court in union of india & ors. .....
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