Court : Madhya Pradesh
Decided on : Sep-15-1989
Reported in : AIR1990MP150; I(1990)DMC14
..... ), must be held to be obsolete. it is, therefore, not possible for this court to accept the respondent's contention that his second marriage is legal under section 15 of the act and therefore, the appeal is rendered incompetent. in the opinion of the court his, marriage is illegal and, therefore, he would be liable to all consequences thereof ..... can be said about the direct cause is that in the healthy brain nerve energy is capable, under control of the will, of being expended in a sudden and explosive but regulated manner, whilst, in the disease known as epilepsy, uncontrolled discharge of energy, devoid of any purposive action, take place from time to time in an ..... and lived together as husband and wife for a year and a half, does not appear to be in dispute. according to the respondent's application under section 13 of the act, the appellant was suffering from epilepsy, as a result of which she very often lost consciousness and suffered convulsions. the respondent claims to have got her .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-18-1989
Reported in : I(1990)ACC425; II(1990)ACC5; 1990ACJ965; AIR1990MP282
..... when considered in the aforesaid constitutional context must be accepted as compelling necessity to exercise this power. obligation of the court to secure 'just compensation' under section 110b of the act is the additional reason for its exercise. this court would therefore, unhesitatingly increase the amount of compensation from rs. 12,500/- to rs. 15,000/- ..... as even according to the said view, the minimum compensation in this case could not have been less than rs. 15,000/- for each death. 5. section 92a of the act provides for fault liability in cases of 'death or permanent disablement of 'any person' resulting from an accident. the word 'any person' must mean 'every ..... for accidental death of shri laxman puri, smt. jamunabai and smt. nageser bai.2. the respondents by filling their claim before the learned tribunal under section 110 of the act submitted that the truck aforesaid was being driven by the appellant no. 2 in a very high speed and therefore in rash and negligent manner and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-19-1989
Reported in : 1993(41)ECC285; 1993LC351(MP); 1990(50)ELT201(MP)
..... the earlier decisions of the cegat and confirmed by the supreme court are of no avail to the petitioners. the various explanations and the clauses of section xi of the tariff act clearly go to show that the classification has to be based, in the instant case, on the width of the strip. if the strip is ..... 1983 passed in the appeal case of shellya industries, bangalore. but that circular was under the old tariff. after the passing of the new tariff act the anamolies are removed and under section 11, hdpe tapes of width not exceeding 5 mm are clearly classified under the head textiles and textile articles. therefore, the circular based on the ..... will be, whether the hdpe tapes are synthetic textile material19. now, textile material has not been defined in the tariff act. however, in the textiles committee act, 1963 (act 41 of 63) the word 'fibre' has been defined in section 2(a) as under:'fibre' means man-made fibre including regenerated cellulose rayon, nylon and the like.''textiles' has been .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-22-1989
Reported in : 1990MPLJ445
..... doubt, there might be express provision in the statute itself to give these words a more extended meaning as to include also illegitimate children and section 3(j) of the hindu succession act (act xxx of 1956) furnishes a good illustration of such a provision. it might even be that without an express provision in that regard the ..... respondent has before this court once again forcefully placed reliance on guljar singh v. mota singh (supra).8. the term 'member of family' has been defined in section 2(e) of the act as under: -'2(e) 'member of the family' in case of any person means the spouse, son, unmarried daughter, father, grandfather, mother, grandmother, ..... it was also held that the plaintiff could not seek ejectment on the ground of need for reconstruction because she could not satisfy the requirements of section 12(7) of the act. it was also held that the plaintiff was possessed of other accommodation, enough to satisfy her requirements.5. three questions arise for determination in this .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-25-1989
Reported in : AIR1990MP171; 1990(0)MPLJ253
..... back as 13th of february, 1971 and these recommendations have also been approved of by the government of india in exercise of powers conferred under section 33 of the indian medical council act, 1956. petitioners have filed these recommendations as ahnexure-p/2. the selection for post-graduate courses, both degree and diploma, has been racommended ..... is difficult to denounce or renounce the merit criterion when the selection is for postgraduate or post-doctoral courses in specialised subjects.''to sympathise mawkishly with the weaker sections by selecting sub-standard candidates to punish society as a whole by denying the prospect of excellence, say in hospital service. even the poorest, when striken by ..... the amended rule 3(e) would show that this rule has not been issued in the name of the state government it is a pure and simle bureaucratic act to suit the exigency and demands of a given situation, and it may also be added, of a given individual. there are allocations of business rules .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-26-1989
Reported in : AIR1990MP135
..... court. the plaintiff has come up in revision.4. the question arising for determination is the nature, extent and scope of the provision contained in section 163, evidence act.5. section 163, evidence act reads as under : --'163. when a party calls for a document which he has given the other party notice to produce, and such document ..... and having inspection of the document is not debarred from exercising his right of cross-examination on the document; (iv) the only effect of section 163 of the evidence act is that a party having called for and inspected a document is debarred from objecting to its production for inspection by court; if the document ..... wanted to cross-examine the plaintiff on the entry in the account books, the cross-examination was objected to by the plaintiff by placing reliance on section 163 of the evidence act. it was argued that the defendant having given the plaintiff a notice to produce documents and the plaintiff having produced them, the defendant having inspected .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-26-1989
Reported in : 1990MPLJ400
..... on the contents of the insurance policy. it is, therefore, not possible to accept that all comperhensive policies cover risks only to the extent mentioned in section 95(2) of the act.8. in view of the discussion aforesaid the appeal is found to be devoid of substance and is dismissed with costs. counsel fee rs. 500/- ..... of the present case.'in view of the aforesaid, it must be held that the appellant-insurance company has covered a larger risk than prescribed under section 95 of the act and for this reason, they cannot disown their liability. indeed, it is also the view of the branch manager of the appellant insurance company as ..... differently thereby specifically stating that even in respect of third parties even though extra premium is charged for passengers, the liability would be restricted as mentioned in section 95 of the said act. the very words 'such amount' and 'requirement' itself contemplate that it is a mandatory requirement under the terms of the present policy. that apart, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-26-1989
Reported in : 1990MPLJ126
..... as it has demonstrated from its return and proceedings of the tender committee that the acceptance of offer of the respondent no. 1 was neither mala fide nor an act of favouritism. the petitioner also raised a preliminary objection that in the face of arbitration clause 16 in the tender conditions, the remedy of the petitioner was to ..... must be rigorously held to the standards by which it professes its actions to be judged and it must scrupulously observe those standards on pain of invalidation of an act in violation of them.'reference may also be made in the above connection to the much older decision of the supreme court in guruswamy's case (supra) wherein ..... or more instalments they would have definitely come out with offers higher than those of the respondent no. 2. the respondent no. 1, in our opinion, clearly acted in an arbitrary manner in relaxing the condition of payment of full price within 15 days of the sale order and in extending facility of two instalments to the respondent .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-26-1989
Reported in : II(1990)ACC45; 1990ACJ982
..... impugned award. what should then be the just compensation' under section 110-b of the act? that the deceased was the only bread-earner of the family which consisted of his wife and parents is apparent. since the widow has remarried, the ..... singh v. himachal puri 1990 acj 965 (mp), clarify this legal belief of this court beyond doubt. under the circumstances, compensation for an accidental death under section 110-b of the act could not be less than rs. 15,000/-. since the awarded amount of compensation is less than the minimum, it is not possible to sustain the ..... counsel for the insurance companies very strenuously urged that the liability of the insurance company is limited to rs. 2,000/-for an individual passenger in view of section 95 (2) of the act. relying on national insurance co. ltd. v. jugal kishore 1988 acj 270 (sc), it is submitted that even if the vehicle was comprehensively insured, the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-27-1989
Reported in : 1990MPLJ709
..... there is no other alternative suitable accommodation available in the local area of indore. a certificate no. 230/be/w, dated 1-12-1981, as required under section 20-aa of the act, issued by the controlling officer, shri v. k. agrawal, divisional engineer, west city division, mpeb, indore, was produced. the appellant denied all the allegations, ..... the mpeb on attainment of the age of superannuation.5. shri a. k. chitale, learned counsel for the appellant, contended that the special provision under section 20-aa of the act is in the nature of a draconian law, as merely by filing a certificate issued by the controlling officer of the retired government servant, a decree ..... providing summary procedure for disposal of such cases ******.'20. therefore also, there cannot be any conclusion other than the one that the special provision under section 20-aa of the act was enacted for a landlord who was appointed to a public service or post in connection with the affairs of the state and was duly retired .....
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