Court : Madhya Pradesh
Decided on : Oct-09-2003
Reported in : AIR2004MP176; 2004(3)MPLJ231
..... is disposed of accordingly.'14. in paragraph 160 their lordships enumerated the conclusion which we respectfully quote :--'160. in conclusion, we hold :(1) section 49 of the supply act is valid.(2) the nature of consumption deposit is to secure prompt payment and is intended for appropriation.(3) there is no liability on the ..... the aforesaid terms and conditions which find mention in the general conditions for supply of electrical energy and individual contract, it is appropriate to refer to section 49 of the act. the aforesaid provision reads as under :--'49. provisions for the sale of electricity by the board to persons other than licensees.-- (1) subject to ..... permissible, moreso in the obtaining factual matrix. it was also the argument that the board has no jurisdiction to issue such a notification under section 49 of the act as basically and essentially the aforesaid provision deals with tariff and supply of electricity and such other ancillary matters and has nothing to do with .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-01-2003
Reported in : 2004ACJ724; 2004(1)MPHT12
..... taken to the hospital where he died on 23-9-1992. anand rao (father) and smt. rekha (mother) of the deceased balram had tiled an application under section 166 of the motor vehicles act, 1988 claiming compensation to the tune of rs, 17,45,000/- for the accidental death of their son balram. the owner and the insurer of the truck, involved ..... which deserves to be enhanced to rs. 15,000/- per year as the notional income in case of non earning person according to the schedule appended to the motor vehicles act, 1988 has to be taken as rs. 15000/- per year. the tribunal has adopted the unit system for calculating the compensation and has taken two units for the deceased and ..... ordershantanu kemkar, j. 1. both these appeals have been filed under section 173 of the motor vehicles act, 1988 against the award dated 27-3-2000 passed by the first additional motor accidents claims tribunal, chhindwara, in claim case no. 47/98.2. briefly stated the facts are .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-22-2003
Reported in : 2004(1)MPHT432
..... 24-10-2002 of the commission by the ntpc in the high court of delhi after the submission of the review petition and that is pending.6. section 12 of the act specifically confers the power of review on the commission. it can review its own orders as per provisions of the code of civil procedure, contained in order ..... petitioner ntpc is liable to pay 'disincentive' to the beneficiaries of the power stations including the appellant.3. the respondent no. 1 submitted a review petition under section 12 of the act before the commission on 26-12-2002. it was registered as review petition no. 137 of 2002. in this review petition the ntpc pointed out that it ..... orders.p. khare, j. 1. this is an appeal under section 16 of the electricity regulatory commission act, 1998 (hereinafter to be referred to as 'the act') against the order of the central electricity regulatory commission (for short 'the commission') by which the review petition filed by the respondent no. 1 national thermal power corporation .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-19-2003
Reported in : 2004ACJ1173
..... he succumbed to the injuries on 30.10.1991. respondent nos. 1, 2 and 3 who are wife and two sons of the deceased, filed an application under section 166 of the motor vehicles act, 1988 claiming compensation to the tune of rs. 13,47,000 for the death of mangal prasad. the appellant/owner and respondent no. 4 insurer of the ..... shantanu kemkar, j.1. this appeal under section 173 of the motor vehicles act, 1988, is directed against the award dated 27.2.1998, passed by first additional motor accidents claims tribunal, mur-wara (katni), in motor accident claim case no. 153 of 1991. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-16-2003
Reported in : 2003(4)MPHT426
..... of the definition. a person does not acquire or suffer disability by choice. an employee, who acquires disability during his service, is sought to be protected under section 47 of the act specifically. such employee, acquiring disability, if not protected, would not only suffer himself, but possibly all those who depend on him would also suffer. the very ..... establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.' 7. the provisions of the act mentioned above came up for consideration before the supreme court in kunal singh v. union of india, (2003) 4 scc 524. the supreme court laid ..... more he would be entitled to minimum pension. therefore, it is necessary for the respondents to consider the case of the petitioner in terms of section 47 of the act.9. in the result this petition is partly allowed. the respondents are directed to consider the case of the petitioner in terms of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-16-2003
Reported in : 2004CriLJ1080
..... naib tehsildar. on investigation, the prosecution put up a challan against the accused/appellant and two other persons namely kamarji yadav and dashrath singh yadav for offences under section 307/34, ipc. on careful appreciation of evidence, only the accused/appellant was found guilty and sentenced as aforesaid.3. it is contended on behalf of the ..... and the appellant. it is also said that though the complainant was caused serious injuries, but in absence of intention, it would not be an offence under section 307, ipc. alternatively, in case of affirmation of impugned judgment, it is submitted that this court may take a lenient view on the question of sentence as ..... .w. 7) lend unqualified support to the prosecution case. similarly veer singh sapre (p.w. 6) investigating officer, has duly proved the seizure. in his statement under section 313. cr. p. c., the accused/appellant though has taken a plea of exchange of blows, but on careful appreciation of evidence, the plea does not appeal. hence .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-16-2003
Reported in : 2003(4)MPHT394
..... and circumstances. in this case, the charge is failure to anticipate the accident and prevention thereof. it has nothing to do with the culpability of the offence under sections 304a and 338, ipc. under these circumstances, the high court was not right in staying the proceedings. again in senior superintendent of post offices v. a. ..... him for his misconduct defined under the relevant statutory rules or law. that the strict standard of proof or applicability of the evidence act stands excluded is a settled legal position. under these circumstances, what is required to be seen is whether the departmental enquiry would seriously prejudice the delinquent ..... trial for criminal offence is conducted it should be in accordance with proof of the offence as per the evidence defined under the provisions of the evidence act. converse is the case of departmental enquiry. the enquiry in a departmental proceedings relates to conduct or breach of duty of the delinquent officer to punish .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-15-2003
Reported in : [2004]137STC269(MP)
..... the statutory notification was issued, the policy resolution paled into oblivion and got eclipsed totally. what, therefore, is enforceable in law in terms of section 84 of the act read with section 86 is the statutory notification being s.o. no. 478 and the statutory notification providing only for the exemption with respect to such sale transactions ..... state of madhya pradesh though the manufacturing places of dealers fall in the area of state of chhattisgarh. a reference has also been made to section 85 of the reorganisation act to indicate that it has an overriding effect. it was put forth in the writ petition that the petitioner-company had set up an ..... deny the benefit to the petitioners on the foundation or base of promissory estoppel.9. to appreciate the real core issues it is pertinent to refer to section 2(f) of the re-organisation act. it reads as under :--'2(f). 'law' includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification, or other instrument .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-15-2003
Reported in : 2004(1)MPHT131
..... of the person executing it.'9. the state of madhya pradesh has amended the schedule i-a as has been indicated taking recourse to section 3 of the act. section 3 of the act deals with the 'instruments chargeable with duty'.10. the question that falls for adjudication is whether the amended schedule runs counter to the aforesaid ..... can not be challenged. what actually creates botheration is clauses (c) and (d). clause (c) stipulates when a power of attorney as defined by section 2(21) of the act is given for consideration and authorising the agent to sell any immovable property the same duty as conveyance on the market value of the property shall be ..... duly stamped controlled by different revenue authorities and the schedules including schedule i-a appended to the act describing the origin of stamp duty and rates on different instruments. a reference has been made to section 2(10) of the act which defines 'conveyance' to include conveyance on sale and any instrument by which property whether .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-05-2003
Reported in : I(2005)BC515
..... no. 1 company.2. perusal of the company petition shows that it is filed for winding up of the respondent no. 1-company on the ground contained under section 433(f) of the act i.e. just and equitable clause.3. perusal of the company petition would indicate that it is admittedly not filed in the format prescribed for filing the company .....
Tag this Judgment!