Court : Madhya Pradesh
Decided on : Apr-11-1989
Reported in : 1993(0)MPLJ284
..... panch if any ward under any gram panchayat fails to elect a panch and provision of co-option of a panch is envisaged under sub-section (2) of section 11. as per section 16 (amended by act no. 26 of 1988), provision is made for election of sarpanch and up-sarpanch of a gram panchayat. while direct election to the ..... although scope exists for the petitioners to challenge the result of the election declared in favour of respondent no. 4 in the election petition contemplated under section 117 of the act by establishing in the course of examination of invalid ballot papers that it so happened, there is certainly no scope for them to challenge before us that ..... empowered to make 'rules for regulation and conducting the election and co-option' of members and office-bearers of the panchayat the other important provision of the act to be noted is section 117, under which 'an election or co-option' can be 'called into question only by a petition presented to the prescribed authority, and not otherwise .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-17-1989
Reported in : 1990(0)MPLJ466
..... permission of the tribunal to contest the claim. i am unable to accede to this contention. the appellant was served with a notice as contemplated under section 96(2) of the act and was impleaded as a party to the claim proceedings. before the tribunal the respondents did not take the stand that the appellant was not entitled to ..... the view taken in the single bench decisions cited before us as above, since in our view a narrower meaning of the expression 'person aggrieved' in section 110-d of the act, has been taken therein which leads to unjust and anomalous situations as we would presently show.7. according to the submission of the learned counsel for respondent ..... both the aforesaid grounds cannot be raised at the instance of the insurer as these are not covered in the limited defences available to the insurer under section 96(2) of the act. the said grounds are available for being raised by the driver and/or the owner in contesting the claim. but the question that falls for consideration .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-17-1989
Reported in : II(1989)ACC366; 1990ACJ888
..... permission of the tribunal to contest the claim. i am unable to accede to his contention. the appellant was served with a notice as contemplated under section 96 (2) of the act and was impleaded as a party to the claim proceedings. before the tribunal the respondents did not take the stand that the appellant was not entitled to ..... the view taken in the single bench decisions cited before us as above, since in our view a narrower meaning of the expression 'person aggrieved' in section 110-d of the act, has been taken therein, which leads to unjust and anomalous situations as we would presently show.7. according to the submission of the learned counsel for respondent ..... both the aforesaid grounds cannot be raised at the instance of the insurer as these are not covered in the limited defence available to the insurer under section 96 (2) of the act. the said grounds are available for being raised by the driver and/or the owner in contesting the claim. but the question that arises for .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-03-1989
Reported in : AIR1989MP236; 1989MPLJ571
..... dastane v. dastane, air 1975 sc 1534, para 30. it will, therefore, not necessary in order to establish cruelty as a ground for judicial separation under section 22 of the indian divorce act, to establish danger to life, limb or health or to give rise to a reasonable apprehension of such danger. such cruelty is not restricted to physical cruelty ..... by a knife. this refusal to permit sexual relation is said to constitute cruelty on the part of the respondent wife. according to section 7 of the act, in all suits and proceedings under the act, court can give relief on principles and rules which, in the opinion of the court, are as nearly as may be conformable to ..... the record and after hearing the learned counsel for the applicant, we are of the opinion that the decree passed by the lower court is not correct. section 10 of the indian divorce act is as follows :'10. when husband may petition for dissolution. -- any husband may present a petition to the district court or to the high court .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-1989
Reported in : AIR1989MP264; 1989MPLJ561
..... behalf was taken away. in view of that decision, it is first necessary to ascertain the nature of levy imposed by the act.6. the charging section of the act is section 11. the material provisions of section 11 are as follows :'section 11 -- (i). there shall be levied and collected a cess on land held in connection with mineral rights at such rale ..... the market subject to a maximum fixed by the state govt, we have, therefore, no hesitation in coming to the conclusion on a consideration of the scheme of section 62 of the act that the tax provided therein is a tax on land, though its incidence depends upon the use of the land as a market. further, as we have ..... of a mere simple enumeration of broad categories. to ascertain whether the subject-matter of the tax levied by the act is covered by entry 49, let us turn to the charging section which is section 11 of the act. that section lays down that there shall be levied and collected a cess on land held in connection with mineral rights at such .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-19-1989
Reported in : 1990MPLJ281
..... liabilities of an industrial undertaking before the notification and not thereafter. as such, the corporation for the period subsequent to the notification under section 18-fb(1)(b) of the act could have determined the annual value and assessed and imposed the property tax on the building and land of the respondent.9. as a ..... if the particular statute in its context includes it as an instrument.'in the present case, after considering the scheme, aims and object of section 18-fb(1)(b) of the act, it is clear that in the context, the expression 'other instruments in force' includes legislative enactments. see also the division bench case of ..... and such restarting was necessary in the interests of the general public. therefore, in exercise of the powers conferred by clause (b) of section 18-aa(1) of the act, the central government authorised the madhya pradesh state textile corporation limited to take over the management of the whole industrial undertaking subject to certain conditions .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-19-1989
Reported in : 1990ACJ299; AIR1990MP87; 1989MPLJ690
..... bodily injury to any person caused by or arising out of the use of the vehicle in a public place in terms of section95(b) (i) of the act. section 2(24) of the act defines 'public place' to mean 'a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access and ..... directed to produce the policy for doing justice and the one, who alleges that the risk covered is unlimited or higher than the statutory liability fixed under sub-section (2) of section 95 of the act, must prove such an agreement. the policy must show specific terms in regard and a term as to payment of separate premium therefor. we are of the ..... the claims tribunal. the tribunal also did not care to get the policy of insurance produced either from the owners or the insurer of the vehicle, although section 110-b of the act casts mandatory duty upon the claims tribunal to specify the amount which shall be paid by the insurer. when this court pointed out this fact of non-production .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-19-1989
Reported in : II(1989)ACC514
..... directed to produce the policy for doing justice and the one, who alleges that the risk covered in unlimited or higher than the statutory liability fixed under sub-section (2) of section 95 of the act, must prove such an agreement. the policy must show specific terms in this regard and a term as to payment of separate premium therefore. we are of ..... death of or bodily injury to any person caused by or arising out of the use of the vehicle in a public place in terms of section 95(b)(i) of the act. section 2(24) of the act defines 'public place' to mean 'a road, street, way or other place, whether a thoroughfare or not, to which the public have a right ..... that despite insurance and the terms of the policy, the liability of the insurance co. was unlimited that being so, in the fact of the provisions contained in section 95(2) of the act, the liability of the insurance company cannot extend beyond rs. 50,000/-. this was so held by the supreme court in british indian general insurance co. ltd. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-30-1989
Reported in : 1991(0)MPLJ575
..... favour. the issue was, 'whether inferior quality dall had been despatched'.7. in this connetion, reference may be appropriately made at this stage to the provisions of section 17 of the act which i quote :'17. sale by sample. - (1) a contract of sale is a contract for sale by sample where there is a term in the ..... because the burden was on the plaintiff to prove his own case.13. before adverting to the other provisions of the act, extracted or referred hereinabove, a brief mention may be made of section 5 of the act as that has definitely signal relevance to plaintiffs default in pleading and proving his case. it is contemplated thereunder that a ..... was complained, but that remained unexplained.14. there cannot be any doubt that under section 56, claim for damages for non-acceptance would lie only when the buyer acts 'wrongfully' in refusing to accept goods contracted to be purchased. in the instant case, the act of the defendant cannot be said to be 'wrongful' because he had merely exercised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-30-1989
Reported in : 1990ACJ495
..... that case being for carriage of goods with which they were travelling, they were not passengers simplicitor and insurer's liability was secured in terms of section 95 (1) of the act, justifying their carriage 'by reason of or in pursuance of a contract of employment'.64. for the several reasons enumerated in the foregoing paragraphs, i ..... not have means or sufficient means to meet their liability.the legislature stepped in and enacted the provisions contained in chapter viii of the motor vehicles act, 1939. section 94 made it compulsory for the owner of the motor vehicle to take out a policy of insurance in accordance with the provisions of chapter viii of ..... insurance co. ltd.11. during the appeals, the claimants were permitted to amend their respective claim petitions and cross-objections claiming no fault compensation under section 92-a of the motor vehicles act, 1939.12. it is now not disputed by the appellants that the truck in question, with appellant no. 1 bhagwandas as a duly licensed .....
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