Court : Madhya Pradesh
Reported in : I(2003)ACC16; 2004ACJ386
..... acj 612 (gauhati), from gauhati high court, has already held that what is required to be seen at the time of considering the application under section 140 of the act for grant of compensation under no fault liability is whether there is any insurance of the vehicle or not? if the vehicle is insured and the ..... disposal of all the aforesaid miscellaneous appeals, which have been filed against the separate, but common award.2. the insurance company has filed this appeal under section 173 of motor vehicles act against interim award dated 12.9.1997 passed by the member, motor accidents claims tribunal, rajgarh in claim case nos. 10, 11, 12, 9 and ..... account of explosion five persons died on the spot. the l.rs. of the deceased persons have filed separate claim petitions.8. now, the common question which arises for consideration in all the appeals before this court is that for awarding interim compensation under section 140(1) of motor vehicles act, 1988 (hereinafter referred to as 'the act of 1988 .....
Tag this Judgment!Court : Madhya Pradesh
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
Reported in : 2003(159)ELT53(MP)
..... .6. manufacturing process of the petitioner unit is governed by a licence issued under the indian explosives act, 1884 read with the explosives rules, 1983.7. it is further averred that petitioner-company is not empowered under the licence to manufacture explosive at the support plant site since such plants are located in habitable areas. the vehicles brings ..... he has submitted that there should be uniform procedure of such taxing events as may be laid down by central board of excise and customs under section 37b of the central excise act, 1944. he has relied upon a circular issued by the govt. of india, ministry of finance (department of revenue), central board of excise ..... and directions of the said board.13. i find that prayer made by the petitioner to approach the central board of excise and customs, new delhi, under section 37b has not been seriously opposed.14. without expressing any opinion on the merits of the case and the rival submissions advanced, petitioners may if so advised, .....
Tag this Judgment!Court : Madhya Pradesh
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
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
Reported in : 2003(4)MPHT380
..... of facts are necessary for the disposal of this revision petition. suffice it to say, that the charge-sheet under section 3/5 of the explosive substances act, was filed in the committal court wherein an application under section 319 of the code was moved by the prosecution on 3-2-97 to array the applicant subhash chandra jain as ..... order. hence, this revision.3. in this revision petition, shri harpreet ruprah, learned counsel for the applicant has vehemently argued and submitted that the case under section 3/5 of the explosive substances act is triable by the court of sessions and hence the committal court was not enjoying any jurisdiction to allow the application filed under ..... section 319 of the code. to bolster his contention he has placed heavy reliance on the decision of the apex court in the case of raj kishore v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005CriLJ2133; 2005(2)MPLJ136
..... petitioner along with some others is facing trial for commission of offences punishable under sections 147, 148, 149, 37 and 120b of the indian penal code (in short 'the ipc') under sections 25 and 27 of arms act. and under section 3/5 of the explosives substances act, 1908 in sessions trial no. 681/2003. it is put forth in the ..... the special public prosecutor, it is observed that the respondent no. 4 may assist the prosecution in accordance with the provision enshrined under section 301(2) of the code of criminal procedure and act under the direction of the duly appointed public prosecutor with the permission of the court.14. resultantly, the writ petition is allowed without ..... sessions judge, jabalpur.3. a return has been filed by the respondent no. 4 contending, inter alia, that the petitioner should have filed an application under section 482 of the code of criminal procedure and not a writ petition. it is further put forth that the apprehension on the part of the petitioner is without .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPHT222
..... persons. these accused persons were charged under section 3(3) read with section 4(a)(b) of the act. but so far as section 4(a) is concerned, for reasons mentioned above, it can not proceed now. but it can proceed so far as under section 3(3) and section 4(b) of the act is concerned along with arms act & explosives act. therefore, we allow this appeal in part ..... . we set aside the order of the review committee and hold that the respondents can be prosecuted under section 3(3) and section 4(b) of the act and other provisions of the explosive and arms act. the accused mr. uday .....
Tag this Judgment!Court : Madhya Pradesh
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
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 .....
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