Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : 2003(3)MPHT22
..... retrospectively retiring the applicant from 30-11-1996. 3. being dissatisfied with the aforesaid order the applicant knocked at the doors of the tribunal invoking its jurisdiction under section 19 of the administrative tribunals act, 1985. before the tribunal the applicant contended that the order of retirement could not have been passed retrospectively; that at the fag end of the career of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC199
..... income of the deceased. when there is no evidence on record about income, the tribunal can consider the structured formula of notional income as per ii schedule under section 163a of the motor vehicles act. therefore, in this case even if the notional income of rs. 15,000.00 per year is taken into consideration, the yearly dependency would come to rs ..... order1. appellants/claimants have filed this appeal under section 173 of the motor vehicles act, for enhancement of compensation being aggrieved against the award dated 22.2.2001 passed by second additional motor accident claims tribunal, mandsaur, in claim case no. 139/2000.2. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-16-2003
Reported in : 2003(4)MPHT435
..... authority. in this context it is apposite to refer to madhya pradesh panchayat raj avam gram swaraj adhiniyam, 1993. in the aforesaid act the definition of 'gram sabha' has been given. section 7 of the aforesaid act provides for the powers and functions and annual meeting of the gram sabhas. we have carefully perused the aforesaid provision. the said ..... under the constitution and various provisions of the constitution throw light on the same and the courts are required to act as sentinel on a qui vive so that the rights of the people particularly the poor sections are maintained. it is canvassed by him that opportunity are to be provided to the needy to live with minimum ..... legislature has brought forth an amendment on 16-8-2000 and a part of section 237 has been amended and thereafter vide amendment dated 27-9-2001 by m.p. land revenue code (amendment) act, 2001 a further amendment has been incorporated in sub-section (3). by virtue of the amendment the power has been conferred with the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-16-2003
Reported in : 2003CriLJ4790; 2003(2)MPLJ369
..... bail to the applicants.3. the submission of shri jaisingh is that since the charge-sheet has been filed and the offence under section 34-a is punishable under sub-section (2) of section 34 of the act for imprisonment of a term which shall not be less than one year but which may extend to three years and with fine which ..... in a case of first offence, if the conditions and circumstances are satisfied, the court may grant bail in appropriate cases after considering the embargo created by section 59-a (ii) of the act. in cases where it is the first offence of the applicant, while granting bail, the court may provide further safeguard and take a specific undertaking that ..... to be balanced with the interest of the society for which bar has been imposed.6. while granting bail in cases where embargo has been created by section 59-a (ii) of the act, the court may also consider the nature of offence; involvement of the accused in the commission of crime; recovery of any contraband material from him and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-16-2003
Reported in : I(2006)ACC115; 2005ACJ1797
..... to be thoroughly inadequate. she will require medical treatment in future as well. it is a case of 100 per cent disability.8. in durgesh kumar yadav v. vimal, 2003 act 1374 (mp), compensation of rs. 6,14,000 has been awarded for 80 per cent disability under various heads like permanent disability (rs. 2,55,000), pain and suffering (rs .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-15-2003
Reported in : [2004]121CompCas468(MP); (2003)3CompLJ322(MP); [2004]51SCL119(MP)
..... filed against one company and, secondly, it is for seeking winding up of respondent company (hereinafter referred to as 'company').2. this petition is filed under section 433(e) of the companies act seeking winding up of company on the allegations that it (company) has failed to pay the money. in other words, the winding up of company is ..... sought on the ground that company is deemed unable to repay the debt of petitioner as per section 433(e) of the companies act. the petitioner has then in petition set out the details of the amount paid to company which according to petitioner remains outstanding giving them the cause ..... of action to serve a statutory notice to the company under section 434 of the act and then filing this company petition under section 433(e) of the act seeking its winding up.3. it is not in dispute as is clear from the record that the company has on .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-14-2003
Reported in : 2004ACJ1456
..... . shyamlal borkar because dr. shyamlal borkar is no more and they gained liberty to speak against him and escape departmental action against them. the police could register a case under section 304a, indian penal code against dr. shyamlal borkar, in case their investigation revealed that he was at driver's seat at the time of occurrence of the accident, but it .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-13-2003
Reported in : AIR2004MP159
..... the last column of schedule against such paramedical qualification declaring that it shall be recognised paramedical qualification only when granted after a specified date. section 29 of the act deals with power to require information as to courses of study and examinations. every university or paramedical institution in india which grants a recognised ..... that icme was allowed to run the course at jabalpur in janki raman college and moreover is not shown to be an institute recognised one. section 2(d) of the act of 2000 is quoted below :'2(d) 'recognised paramedical qualification' means a degree, diploma or certificate in any paramedical subject, granted by ..... in the instant case as pathological laboratory technician is covered by item no. 4 of the schedule. 'recognised paramedical qualification' is defined under section 2(d) of the act to mean a degree, diploma or certificate in any paramedical subject, granted by any university established by law or any other institution recognised by .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)MPHT145; 2004(1)MPLJ180
..... the learned 1st additional district judge, bhopal in civil suit no. 07-b/91, whereby the suit of the plaintiffs has been dismissed, the plaintiffs have preferred this appeal under section 96 of the code of civil procedure (hereinafter referred to as 'the code').2. in brief, the case of plaintiffs is that their adult son mohd. javeddied on account of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-09-2003
Reported in : II(2004)ACC397; 2004ACJ113
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Katni, in M.A.C.T. No. 18 of 1998, dated 28.1.2000.2. The claimants are wife and daughter of late Harish Khatwani, who died in the motor accident on 1.6.1997 when he was going to Rewa by jeep No. MP 17-A 3222 and truck No. MCY 2634 owned and driven by Habibullah (respondent No. 1), rashly and negligently, collided with it. The deceased suffered serious injuries. He was referred to the Government Hospital, Rewa, then to Jabalpur, but he died due to fractures and head injuries. He was 25 years old at the time of accident. He was Manager in two General Stores owned by his brothers, earning Rs. 4,100 per month.3. Owner/driver did not contest the claim, therefore, was proceeded ex pane. While the insurance company has stated that owner, driver and insurance company of the jeep ought to have been impleaded party to the case and the drivers of the truck and jeep did not possess valid driving li...
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