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 : Apr-11-1989
Reported in : AIR1990MP224
..... controller the contract between the landlord and the tenant determines the liability of the tenant to pay rent. that is clear from the terms of section 9 of the act. that section clearly indicates that the controller alone has the power to fix the standard rent........ in ourview, the prohibition against recovery of rent in excess of ..... as well.52. all the aforementioned factors and considerations must have gone into in the formation of the legislative object behind the provisions of sub-section (6) of section 12 of the act. most assuredly, the legislature could not have desired any object that the defeated tenant, with an eviction decree against him, should still be allowed ..... payment of compensation equal to double the amount of annual agreed rent is in clear contravention of the specific provisions of sub-section (6) of section 12 of the act. the requirement of the said section is that the compensation should be double the amount of the annual standard rent. it is true, as stated by both .....
Tag this Judgment!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-10-1989
Reported in : AIR1990MP141; 1989MPLJ538
..... means any undertaking pertaining to scheduled industry carried on in one or more factories by any person or authority including government.' 'factory' has been defined in section 3(c) of the act which says that :-- 'factory' means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or ..... the government of india by the petitioner for the industrial unit is necessary. for appreciating the respective contentions of the parties, it is necessay to read section 11 of the central act of 1951, which reads as under :-- '11. licensing of new industrial undertakings :-- (1) no person or authority other than the central government, ..... petitioner is entitled. 10. the respondents nos 1 to 4 have filed a reply to the rejoinder wherein it has been stated that under section 29b of the central act of 1951 the government of india is empowered to exempt any industrial undertaking or class of industrial undertakings or any scheduled industry or class of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-04-1989
Reported in : 1990CriLJ49; 1989MPLJ414
..... the high court bearing on benches are thus made by virtue of the powers granted by the letters patent read with section 108 government of india act, 1913, the operation of which section is preserved by section 223 government of india act, 1935, section 108 reads :'(1) each high court may by its own rules provide as it thinks fit for the exercise, ..... ) of rule 1 in chapter 1 of part i of the high court rules and orders is to the effect that a petition under criminal procedure code which necessarily includes applications under sections 438(1) and 439, cr. p. code shall ordinarily be heard and disposed of by a judge sitting alone. hence, in our view when dr. t.n. singh ..... . counsel does not want to press this application. the application is dismissed as not pressed.'3. on 4-1-1989 applicant munnasingh tomar filed the second bail application under section 439, cr.p.c. in the high court referring to the first bail application and the first bail order.4. this application was listed before dr. t.n. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-04-1989
Reported in : 1991(54)ELT178(MP)
..... existence of a notification entitling them to the said rebate. the order of the superintendent central excise is a reasoned order which is appealable under section 35 of the central excise act. the central excise act is a self contained code and has a hierarchy of authorities where the appeal lies. the petitioners have not invoked the provisions of the ..... decision of the government of u.p. was published in a newspaper wherein an exemption from sales tax for a period of three years under section 4a of the u.p. sales tax act was to be given to all new industrial units in the state with a view to enabling them to come to a firm footing in ..... in this notification shall apply to :(i) cement manufactured by a company which is registered or registerable under section 26 of the monopolies and restrictive trade practices act, 1969 (54 of 1969) or to which section 29 of the foreign exchange regulation act, 1973 (46 of 1973) is applicable;(ii) cement manufactured in a unit operated by a large cement .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-30-1989
Reported in : (1989)77CTR(MP)219; [1989]177ITR465(MP)
g.g. sohani, actg. c.j. 1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench. indore, has referred the following question of law to this court for its opinion : 'whether, on the facts and in the circumstances of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-20-1989
Reported in : AIR1990MP167
..... those two decisions in that regard. we are clear in our minds that when r.c.a. exercises its jurisdiction in relation to an application under section 23-a of the act by passing any order with respect to trial or disposal of that application and not only when the final order is rendered in the proceeding, that decision would ..... . for all the aforesaid reasons, we are of the view that the law laid down by this court in the afore-cited two decisions on the scope of section 31 of the act needs to be reviewed. for the various reasons aforesaid and our conclusion above-referred, we have taken the view that law has not been laid down correctly in ..... matters effectively aslying within its special jurisdiction. we are definitely of the view that even if any rules are framed in derogation of the parent law, namely section 50 read with section 29(d) of the act, those rules can in no manner impair or indent the purpose, object and indeed the scope of the special law enacted in chapter iii-a. on .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-16-1989
Reported in : 1991CriLJ1925
..... proof of guilty by the trial court and, therefore, needs to be considered in all its aspects.14. the relevant section, regarding admission, is section 17 and section 18 of the evidence act. section 18 of the evidence act deals with admission by party to proceeding or his agent. whether a suggestion thrown by the defence counsel to a prosecution ..... the suggestions made to the prosecution witnesses in their cross-examination rather than what has in fact been proved by the prosecution within the meaning of section 3 of the evidence act. the conviction, it was submitted, is based on rejection of defence case, rather than proof of the prosecution case. this approach on the ..... court, while confirming its consideration to such suggestion, with a view to understand the defence stand to have at least glanced at the accused-statement recorded under section 313, cr.p.c., which stands on a better legal footing than the suggestions thrown to witnesses in cross-examination.11. the submission made by the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-16-1989
Reported in : 1991(0)MPLJ878
..... of guilty by the trial court and, therefore, needs to be considered in all its aspects.14. the relevant section, regarding admisssion, is section 17 and section 18 of the evidence act. section 18 of the evidence act deals with admission by party to proceeding or his agent. whether a suggestion thrown by the defence counsel to a ..... suggestions made to the prosecution witnesses in their cross-examination rather than what has in fact been proved by the prosecution, within the meaning of section 3 of the evidence act. the conviction, it was submitted, is based on rejection of defence case, rather than proof of the prosecution case. this approach on ..... while confirming its consideration to such suggestions, with a view to understand the defence stand to have at least glanced at the accused's statement recorded under section 313, criminal procedure code, which stand on a better legal footing than the suggestions thrown to witnesses in cross-examination.11. the submission made by the learned counsel .....
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