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 : 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 : Jan-04-2006
Reported in : 2007ACJ1519
..... of sale of automobile spares. he left behind his wife and children who have filed claim petition out of which this appeal arises. the claim petition was filed under section 163a of the act. the tribunal calculated the monthly income of deceased at rs. 4,000 and determined the same at rs. 48,000 yearly. after deducting 1/3rd, the tribunal worked ..... matter, there was no justification on the part of the tribunal to reduce compensation to rs. 3,50,000 on the ground that there was negligence of the deceased. in section 163a proceedings, the question of negligence is of no relevance. in these circumstances, we are of the view that a sum of rs. 5,44,000 determined by the tribunal ..... a.m. sapre, j.1. this is an appeal filed by the claimants who are legal representatives of the deceased under section 173 of the motor vehicles act against an award dated 30.7.2001, passed by the learned member, motor accidents claims tribunal, shajapur in claim case no. 34 of 2001. by impugned award, the tribunal has .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-05-2006
Reported in : 2006(1)MPLJ583
..... to establish that such person has abetted the commission of suicide and for the purpose of determining the act of the accused it is necessary to see that his act must fall in any of the 3 categories as enumerated under section 107 of the ipc and, therefore, it is necessary to prove that the said accused has instigated ..... the prosecution is believed even then the necessary ingredients of the offence punishable under section 306 of ipc are totally missing in his case. he has submitted that for establishing an offence punishable under section 306 of ipc, act of abetment as defined under section 107 of the ipc is required to be established. he has further submitted that ..... modesty was committed by the accused. on these facts at the most prima facie offence under section 354 can be said to have been committed by the accused petitioner but by no stretch of imagination it can be said that the act of accused petitioner was to instigate the deceased basanti to commit suicide, therefore, shri sinjonia .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-09-2006
Reported in : I(2007)BC196; [2009]149CompCas235(MP); (2006)6CompLJ331(MP)
..... winding up of respondent-company is sought essentially on the ground of their inability to pay the petitioner's debt as contemplated under section 433(e) of the act,2. admittedly, proceedings before the bifr are pending under sections 15 and 16 of sica at the instance of respondent-company in reference case no. 187 of 1999. under these circumstances, ..... the bar contained under a section 22 of sica is attracted for proceeding for winding up. in my opinion, therefore, the proper course for ..... benefit to the company (debtor) and at the same time causes immense loss and injury to creditors who are unable to recover their dues due to umbrella of section 22 ibid operating against them. in the present case, it is clear that matter is pending before bifr for more than 5 years with no end in site. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-09-2006
Reported in : [2008]86SCL230(MP)
..... sapre, j.1. this is a company petition filed by the petitioner a nationalise bank as one of the creditor of the respondent-company under section 433(e) of the companies act against the respondent-company. the winding up of respondent-company is sought essentially on the ground of their inability to pay the petitioner's huge money ..... debt as contemplated under section 433(e) of the act.2. admittedly, proceedings before the bifr are pending under sections 15 and 16 of sica at the instance of respondent-company in reference case no. 172 of 2003. under these ..... circumstances, the bar contained under section 22 of sica is attracted for proceeding for winding up. in my opinion, therefore, the proper course .....
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 : Jan-16-2006
Reported in : II(2006)ACC201; 2006ACJ2383
..... personal claim of the claimants, they need mention in brief infra.2. this is an appeal (m.a. no. 248 of 1999) filed by the claimants under section (honda) 173 of the motor vehicles act against an were award, dated 16.9.1998, passed by learned third additional member, motor accidents claims tribunal, ujjain in claim the ase no. 7 of 1994 ..... this court at the instance of either parties for enhancement or reducing. it is a notional income which every claimant is entitled to claim in terms of schedule appended to act and hence, there arise no question of any reduction in the income. we, therefore, uphold this finding.12. accordingly, the claimants, i.e., the appellants are entitled to claim a .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-16-2006
Reported in : 2006(1)MPLJ419
..... the suit of the plaintiffs was not barred by limitation but was within limitation.4. aggrieved by the aforesaid, an appeal was preferred before the lower appellate court under section 96 of the code of civil procedure. during pendency of this appeal, the name of original plaintiff no. 1 smt. brijlata sharma was deleted and the appeal ..... notice has been given in writing to the office to which premiums under this policy were paid last atleast one calendar month prior to death.8. life insurance corporation act, 1956, is a beneficial piece of legislation. it was enacted to ensure absolutely security to the policy holder in the matter of his life insurance protection. naturally, ..... court are based on correct appreciation of the evidence on record and the same are not liable to be interfered with, in exercise of the limited powers under section 115 of the code of civil procedure.13. as regards question of limitation, it is suffice to say that both the courts below have concurrently held the suit .....
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 .....
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