Court : Delhi
Decided on : Nov-06-2003
Reported in : II(2004)ACC718; 2005ACJ1938
..... of the offending vehicle but also that it was being driven by a person authorised by the owner unless of course compensation is being claimed under section 163-a of the 1988 act on no fault liability basis. while the proof of negligence may be upon claimants, however, the fact as to whether or not the driver was ..... unknown persons hired the autorickshaw but subsequently stole away the same and killed d. d's legal representatives filed a claim petition under section 163-a of the motor vehicles act, 1988 (for short 'the act') claiming damages for the death of d caused during the course of his employment under the owner of the autorickshaw and also fastened ..... the contention of mr. seth appearing on behalf of the insurance company is that it was a clear case of murder and consequently the petition under section 110-a of motor vehicles act, 1939 claiming compensation for the death alleged to have been caused in the accident was not maintainable. for this, he has placed reliance upon the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-06-2003
Reported in : 2004(2)ALD578; 2004(4)ALT553
..... put in less than two years of service with the tribunal or(ii) if he has been removed from an office in the tribunal under sub-section (2) of section 9 of the act.(2) pension under sub-rule (1) shall be calculated at the rate of rupees seven hundred per annum for each completed year of service or ..... the same is liable to be dismissed.9. the government of india in exercise of the powers conferred by subsection (1) read with section (c) of subsection (2) of section 35 of administrative tribunal act (central act 13 of 1985) made the rules called the andhra pradesh administrative tribunal (salaries and allowances and conditions of service of chairman, vice-chairman ..... court under a. p. land grabbing (prohibition) special court chairman and members (conditions and services) rules, 1996 (for short 'rules'). the said rules were framed under section 16(1) of the act and notified in g.o. ms. no. 176 revenue (a&r;) department dated 13.2.1996. under rule 3 of the rules, the chairman shall receive pay .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-06-2003
Reported in : II(2004)ACC110; 2005ACJ89; 2004(1)KarLJ527
..... of 1998 on the file of the motor accidents claims tribunal, chitradurga (for short, 'the mact), have preferred this appeal under section 173(1) of the motor vehicles act, 1988 (for short, 'the act'), seeking more compensation. the facts of the case as stated by the claimants in their claim statement in brief are as follows:the ..... regardless of the changed circumstances in money value. compensation under conventional heads should also be reasonable and adequate. compensation is not awarded as a token of gratuitous act. compensation has to compensate the injuries sustained by the injured or the dependants of the deceased to the extent possible in terms of money. we hope ..... and trust that the macts in the state, functioning under the motor vehicles act, would bear these observations in mind at least hereafter words while awarding compensation under conventional heads.7. we, having taken into account the totality of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-06-2003
Reported in : I(2004)DMC499
..... ghisaji was alive and the first husband of defendant no. 1 was alive. in these circumstances the marriage between the defendant no. 1 and ghisaji was void under section 5 of the hindu marriage act.11. it is not in dispute that plaintiff kamlabai is the daughter of the real brother of ghisaji. consequently, after the death of ghisaji intestate the daughter ..... ghisaji was not alive. learned counsel for the appellant has alleged that in view of the fact that the alleged marriage of defendant no. 1 was void under section 5 of the hindu marriage act. the defendant no. 1 will not get the right in the property of late ghisaji and as such the sale deed executed by the defendant no. 1 ..... a.k. awasthy, j.1. appellant/plaintiff has filed this appeal under section 96 of the cpc against the judgment and decree dated 30.8.1999, passed by additional district judge barwah, district west nimar in civil suit no. 2.a/92, dismissing .....
Tag this Judgment!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 : Supreme Court of India
Decided on : Nov-06-2003
Reported in : 2004(5)ALLMR(SC)149; 2004(1)BLJR110; (2004)12SCC322; 2004(1)SLJ155(SC)
..... .11.1986 1975chaman devi 22.10.1983 1.11.1986 19785. it is, therefore, not a case where the petitioners had acquired a qualification prior to 9th march, 1990 while acting as teachers of masters. the circular letter dated 9th march, 1990 clearly states that a higher scale of pay would not be admissible to them despite holding a higher qualification .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-06-2003
Reported in : 2004(3)ALD128; 2004(3)ALT159; III(2004)BC227
..... was the inaction on the part of the plaintiff and the consequence thereof would invariably be the discharge of the guarantors in accordance with the provisions contained in section 134 of the indian contract act. further, inasmuch as the plaintiff was sought to collude with the first defendant and did not respond to the request of defendants 2 to 5 and dragged ..... counterclaim and when to be filed. in para-28 of the judgment, the apex court laid down the law thus:'looking to the scheme of order 8 as mentioned by act 104 of 1976, we are of the opinion, that there are three modes of pleading or setting up a counter-claim in a civil suit. firstly, the written statement filed .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-06-2003
Reported in : (2004)(93)ECC24
..... to official records and entries therein are entered on the basis of certain internal documents and that too with the full knowledge of the management; that as per section 36a of the central excise act, the contents of any document seized from the custody or control of any person shall be presumed to be true unless the contrary is proved. he emphasized ..... of fabric was sent with the price-list for the purpose of valuation and the same had nothing to do with the classification. he relied upon the decision in rajasthan explosives & chemicals ltd. v. cce, jaipur, 2003 (85) ecc 85 (t) wherein the tribunal has held that "if there are documents for the clearance of excisable goods without payment of duty .....
Tag this Judgment!Court : Delhi
Decided on : Nov-05-2003
Reported in : 2003VIIIAD(Delhi)425; 108(2003)DLT314; (2004)ILLJ603Del; 2004(3)SLJ428(Delhi)
..... landing and taking off area for air-crafts usually with runways and aircraft maintenance and passenger facilities and includes aerodrome as defined in clause (2) section 2 of the aircraft act 1934. 2(e) 'air transport service' means any service for any kind of remuneration whatsoever for the transport by air of persons, mail ..... national union waterfront workers : (2001)iillj1087sc wherein in paragraph 68 & 125 it has been held as follows:- '68. we have extracted above section 10 of the clra act which empowers the appropriate government to prohibit employment of contract labour in any process, operation or other work in any establishment, lays down the procedure ..... contract with the airport and the contractor showed that supervision and control with the airport ... without trolley there would be chaos ' section 2(m) of the airport authority of india act (aai act) shows that it is the duty of the airport to provide transport facilities necessary for the passenger. he observed as under:- 'all .....
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