Court : Madhya Pradesh
Decided on : Nov-06-2003
Reported in : I(2004)ACC810; 2005ACJ1167
..... case of ramashray singh v. new india assurance co. ltd., 2003 acj 1550 (sc), the court has considered the words 'any person or passenger' occurring under section 147 of the act and it is held that if a 'person' or 'passenger' is an employee, then the insured is required under the statute to cover only certain employees and under ..... paid. since passenger is not permissible in a tractor, therefore, the insurance company cannot be held liable to indemnify the passenger travelling in a tractor. section 149(2)(a)(i) of the act provides that no sum shall be payable by an insurer, if there has been a breach of a specified condition of the policy, namely, a ..... risks of every person travelling on tractor is not covered by insurance policy and such driving by the owner of the vehicle is in violation of section 149 of the motor vehicles act. he submitted that insurance company is not liable to indemnify the insured.3. counsel for appellant then submitted that finding is recorded that deceased was .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-06-2003
Reported in : 2004(1)MPHT459
ORDERA.M. Sapre, J.1. By filing this writ under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of letter, dated 26-10-2002 (described as Prapatra-04) whereby it is informed to the petitioner by Nazul Officer - Indore that the land in question can not be allotted to the petitioner as the same is reserved/earmarked for setting up of Indore Gem Jewellery Park and Software Park.2. Heard Shri G.M. Chafekar, learned Senior Counsel with Shri P.V. Bhagwat, learned Counsel for petitioner and Shri Atul Shridharan, learned Government Advocate for respondents.3. Having heard learned Counsel for the parties and having perused record of the case, I find no merit in this writ hence, it merits dismissal.4. Even according to petitioner - a Society, there was no agreement muchless concluded one in their favour ever entered into by the respondent-State for allotment of the land in question. In other words, in the absence of any concluded agreement entered into between th...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-05-2003
Reported in : 2004(2)MPHT515; 2004(2)MPLJ554
..... used for composite purpose of both residence and non-residence. no water tight division between residential or non-residential accommodations had been created under section 23-a of the act. in such a situation the eviction of the petitioners for non-residential requirement of major daughter of the non-applicant could not have been ..... sufficient to satisfy the need of the non-applicant and thus, absence of alternative accommodation has not been established.3. point a-- explanation to section 23-a of the act was only inclusive and enabling. here as per pleadings the petitioners-tenants had themselves changed the user of the disputed rooms and the non-applicant ..... shukla (aw-2) a major daughter of the non-applicant, widow (landlady) falling within the definition of special category of landlords as defined under section 23-j of the act.2. the learned advocate for petitioners has argued that admittedly the disputed rooms were let out for residential purpose and without express consent of the non .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-04-2003
Reported in : 2004ACJ1496
..... tribunal, burhanpur passed in claim case no. 29 of 2000. respondent nos. 1 to 5, as legal representatives of the deceased tarachand, had filed an application under section 166 of the motor vehicles act to seek compensation of rs. 11,55,800 on account of death of tarachand in an accident with the tractor bearing registration no. mp 12-0387. it was ..... company.2. the insurance company resisted the claim of respondent nos. 1 to 5 and stated that tractor was being used in violation of the provisions of the motor vehicles act and the conditions of the policy and, therefore, the insurance company was in any case not liable. the tribunal while finding that the claimants were entitled to a compensation of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-31-2003
Reported in : 2004(1)MPHT362; 2004(1)MPLJ572
..... them with the approval of the authority. it is pointed out that the expression 'local authority' has not been defined in the act. 'local authority' has been defined in section 2(viii) of the act. section 2(viii)(2) states that 'local authority' means in the case of a local area other than a municipality, or a cantonment ..... samples of the food articles from the persons selling such articles or the persons who are dealing with such articles or a consignee. sub-section (2) of section 10 of the act specifically empowers the food inspector to enter and inspect any place where any article of food is manufactured or stored for sale, or stored ..... jabalpur including all the areas of municipal corporation, cantonment board and notified areas of district jabalpur. in the circumstances, the notification which was issued under section 24 of the act empowers the food inspectors to take the sample. in these circumstances, it is not necessary that the state govt. should itself issue notification and the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-31-2003
Reported in : 2004(1)MPHT93; 2003(4)MPLJ590
..... structure has been extended to those cases which were 'pending before the courts' on the date of amendment. there was a proviso to section 41 of amending act. it reads 'provided that nothing in this section shall apply to cases pending in appeal'. the constitutional validity of this proviso has been examined by a division bench of this court in ..... therefore, we hereby strike down the proviso and issue a writ in the nature of mandamus directing that the proviso to sub-section (1) of section 41 of act no. 9 of 2001 'provided that nothing in the section shall apply to the cases pending in appeal' shall not be given effect to being violative of article 14 of the constitution ..... grams of charas. this was a small quantity as per notification dated 19-10-2001 of the central government. therefore, the appellant is punishable under section 20(b)(ii)(a) of the act with rigorous imprisonment for a term which may extend to six months or with fine which may extend to rupees ten thousand or with both. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-28-2003
Reported in : (2004)190CTR(MP)145; [2004]270ITR231(MP); 2004(1)MPHT127
..... filed an application under section 26(1) of the act for drawing of a statement of case and refer the question of law to this court for answer of the same. accordingly the tribunal has drawn ..... , we do not think it necessary to wait for the service return.5. to appreciate the controversy in issue, it is apposite to reproduce the essential part of section 5(1)(viii) of the act which is relevant for our purpose. it reads as under :--'5. exemption in respect of certain gifts.--(1) *** *** *** *** ***(viii) to his or her spouse, ..... to the wife or any member of the huf from the assets of the huf would not come under the conception of exemption as postulated under section 5(1)(viii) of the act. the tribunal declined to accept the aforesaid contention raised by the revenue and dismissed the appeal.3. after being unsuccessful in the appeal the department .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-28-2003
Reported in : [2004]137TAXMAN358(MP)
..... an application under section 26(1) of the act for drawing of a statement of case and refer the question of law to this court for answer of the same. accordingly the tribunal has drawn up ..... undivided family can make a gift of certain joint family property to his wife and that there is no obstacle or impediment in the way of applicability of section 5(1)(viii) of the act. similar view was expressed by the punjab & haryana high court in the case of cgt v. hari chand .9. in this context, we may profitably ..... huf to the wife or any member of the huf from the assets of the huf would not come under the conception of exemption as postulated under section 5(1)(viii) of the act. the tribunal declined to accept the aforesaid contention raised by the revenue and dismissed the appeal.3. after being unsuccessful in the appeal the department filed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-23-2003
Reported in : AIR2004MP174; 2004(1)CTLJ356(MP); 2004(1)MPLJ130
..... existence. division bench of this court has held that as the plaintiff wants to avoid liability he is required to pay ad valorem court fee under section 7(iv)(c) of the court fees act.13. in view of this fact, we find that court fees paid by the plaintiff is insufficient and plaintiff is required to pay ad valorem court ..... actualland revenue but will lay challenging ther.r.c. for recovery of an amount which hastaken colour of land revenue due in thedeeming fiction.7. clause (b) of section 155 provides thatall moneys falling due to the state government under any grant, lease or contractwhich provides that they shall be recoverable in the same manner as an arrear of ..... that the said judgment does not support the appellants. on the other hand from reading of judgment, it appears that the full bench has taken view that provisions of section 150 of the code are applicable only to a proceeding for the recovery of arrear of land revenue, but not to a proceeding for the recovery of money recoverable .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-22-2003
Reported in : 2003(4)MPHT542; 2004(1)MPLJ160
..... on record held that the accused persons in furtherance of their common intention voluntarily caused grievous hurt to bhujbal singh (p.w. 1) and, therefore, they have been convicted under section 325/34, ipc.5. in this appeal it is argued that the land in dispute was in possession of accused gokal singh and, therefore, bhujbal singh (p.w. 1) was ..... committing an act of aggression while ploughing his land and, therefore, the accused persons had the right of private defence of property and person. a copy of order dated 16-1-2001 of ..... . 1) by katarna is not true. there was fracture of the left elbow of bhujbal singh (p.w. 1) and for this reason the accused persons have been convicted under section 325/34, ipc. the other injuries sustained by bhujbal singh (p.w. 1) in this incident were of simple nature.8. as discussed above the land in dispute was in .....
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