Court : Madhya Pradesh
Decided on : Apr-24-2003
Reported in : 2003(3)MPHT250; 2003(3)MPLJ528; [2004]52SCL5(MP)
..... the aforesaid reasoning adopted by hon'ble supreme court applies with full force to the facts off the present case also. the parliament while putting section 22 of the act 1985 could never have intended that the industrial unit under the garb of sickness or for any like difficulty may be allowed to shirk its liability ..... without consent of the board. gram panchayat is not entitled to recover property tax and other amounts due from the company by initiating coercive proceedings under section 129 of bombay village panchayat act, 1959 without consent of the board. the claim in this decision was not for labour charges. 13. the apex court in patheja bros, ..... work relates to the period of the year 1997 and objection was raised by the respondents before the executing court that by virtue of section 22 of sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the sica'), execution of decree cannot proceed without consent of the bifr. the executing court has allowed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-22-2003
Reported in : I(2004)DMC112
..... para 7 of the petition. that the decree of divorce be passed against the respondent/wife and it be ordered under section 27 of the hindu marriage act that she should return back the gold and silver ornaments given to her in the marriage.4. the respondent/wife has ..... panchayat or gave the notice to the respondent/wife about her cruel behaviour. on 11.3.1992 the respondent/wife had filed the application under section 125, cr.p.c. in the court of jmfc, khandwa for maintenance from the appellant. thereafter, the appellant has filed, after five ..... his parents. from the statement of basant saini (a.w. 2), it is clear that the respondent/wife has not ill-treated or committed the act of cruelty before him. consequently, the statement of basant saini (a.w. 2) are worthless.10. trilokchandra (a.w. 3) has stated ..... a.k. awasthy, j.1.this appeal is filed under section 28 of the hindu marriage act challenging the judgment and decree dated 14.12.1993 passed by district judge, east niwar, khandwa in civil .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-22-2003
Reported in : I(2004)DMC189
..... that the respondent in the year 1984 has performed the second marriage with one maya upadhyay. the petitioner has prayed that order be passed against the respondent under section 9 of the hindu marriage act for the restitution of conjugal rights.4. the appellant/non-applicant has stated in his reply that he has no knowledge of the marriage performed by him ..... is also a common ground that in the year 1984 the appellant has got married with one maya devi.3. respondent/petitioner has filed the petition under section 9 of the hindu marriage act for the restitution of conjugal rights against the defendant alleging that the marriage between the appellant and respondent was performed in the year 1975 at village serawan atrampur ..... a.k. awasthy, j.1. appellant/non-applicant has filed this appeal under section 28 of the hindu marriage act against the finding of judgment dated 30th june, 1993 passed by the ivth additional judge to the court of district judge. jabalpur in civil suit no. 15-a/86 which .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-22-2003
Reported in : 2005ACJ75
..... carriage of goods'. carrying of passengers in a goods carriage is not contemplated in the act. there is no provision similar to clause (ii) of the proviso appended to section 95 of the old act prescribing requirement of insurance policy. even section 147 of act mandates compulsory coverage against the death of or bodily injury to any passenger of 'public ..... reddy, 2003 acj 468 (sc). the apex court while noticing the change in the definition of 'goods vehicle' occurring in section 2(8) of the motor vehicles act, 1939 and definition of goods carriage' in section 2(14) of motor vehicles act, 1988 has held that the difference in the language of 'goods vehicle' as appearing in the old ..... act and 'goods carriage' in the new act is of significance. a bare reading of the provisions make it clear that .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-22-2003
Reported in : III(2003)ACC147
..... carriage of goods'. carrying of passengers in a goods carriage is not contemplated in the act. there is no provision similar to clause (ii) of the proviso appended to section 95 of the old act prescribing requirement of insurance policy. even section 147 of act mandates compulsory coverage against death of or bodily injury to any passenger of 'public ..... (1) t.a.c. 481 (s.c.). the apex court while noticing the change in the definition of 'goods vehicle' occurring in section 2(8) of motor vehicles act, 1939 and definition of 'goods carriage' in section 2(14) of motor vehicles act, 1988 has held that the difference in the language of 'goods vehicle' as appearing in the old ..... act and 'goods carriage' in the new act is of significance. a bare reading of the provisions makes it clear that the legislative intent was to prohibit .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-17-2003
Reported in : 2003(3)MPHT246
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Seoni, in M.GC. No. 49/97, dated 27-1-1999.2. The accident took place on 26-4-1997 at 12.30 (noon) on National Highway 7 at Dhuma crossing, when the vehicle No. MP 09/K-5771, driven rashly and negligently by Dharamraj, owned by Manraj Singh, insured with the Oriental Insurance Company Ltd., hit the cycle of Radhelal from behind resulting in his death. The deceased was Grain-Merchant earning Rs. 4,000/- per month. He was looking after his land earning Rs. 60,000/- per year. Claim for Rs. 13,46,000/- is made for the death of the deceased by the claimants,3. The owner and driver have been proceeded ex parte, while the Insurance Company has disputed the claim stating that the allegation of the claimants is not correct. The driver did not possess valid driving licence, therefore, the Insurance Company is not liable to pay compensation.4. Accordingly, issues are framed, evidence is le...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-16-2003
Reported in : I(2004)DMC454
a.k. awasthy, j.1. this appeal is filed under section 28 of the hindu marriage act challenging the judgment and decree dated 5.11.1995 passed by the iiird additional district judge, bhopal in civil suit no. 323 of 1999 wherein his petition for dissolution of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-16-2003
Reported in : I(2004)DMC789
..... the court of additional judge to the court of district judge, begamganj distt. raisen, allowing the petition of the respondent/petitioner for dissolution, of marriage under section 13(1)(iii) of the hindu marriage act.2. the admitted facts of the case are that the appellant/wife and respondent/ husband got married on 6.7.1992 and they lived as husband wife ..... affliction and agony caused to the respondent due to the insanity of the appellant and as such the marriage be dissolved by the decree of divorce under section 13(1)(iii) of the hindu marriage act.4. the appellant/wife has contested the petition and averred that the allegation of her being mentally ill and of abnormal behaviour are false and baseless ..... on record and the law applicable in the case and the learned trial court has rightly dissolved the marriage by the decree of divorce on the ground mentioned under section 13(1)(iii) of the hindu marriage act.12. there is no force in the appeal and hence the appeal is hereby dismissed.
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-16-2003
Reported in : AIR2004MP48; 2003(3)MPHT467; 2003(4)MPLJ109
..... that on completion of 12 years period in respect of above vehicle petitioner is required to replace the vehicle. this condition was imposed as per section 88 of the motor vehicles act, 1988 (hereinafter referred to as 'the act'). the period of 12 years has expired on 17-1-2001.3. it is averred by the petitioner that under sub-rule (3) of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-14-2003
Reported in : (2004)190CTR(MP)280
1.this is an application under section 256(2) of the it act of revenue with a request to this court to answer the following question of law referred by tribunal. the same is reproduced herein :'whether, on the facts and in the .....
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