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 : Mumbai
Decided on : Nov-04-2003
Reported in : I(2005)DMC445
..... rightly concluded that the appellant was the cause for abetting deceased to commit suicide.13. the learned trial judge has quoted section 113 of indian evidence act, 1872 (hereinafter referred to as evidence act for convenience) which reads:'when question is whether the commission of suicide by a woman had been abetted by her husband and ..... pouring kerosene on her body. the trial court concluded that the appellant abetted her to commit suicide. the trial court held him guilty for offence punishable under sections 306 and 498 of indian penal code and inflicted sentence on him as mentioned above.9. mr. agandsurve, counsel for appellant submitted that the trial court ..... and sentence passed by the 4th additional sessions judge, sholapur, in sessions case no. 180 of 2000, whereby the appellant was convicted for offence punishable under section 306 of indian penal code and sentenced to undergo rigorous imprisonment for five years and to pay fine of rs. 2000/-, in default to suffer further rigorous .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-04-2003
Reported in : 2004(1)ALD445; 2004(1)ALT520
..... when he met with an accident at the relevant point of time. the organization has a duty to create alternate employment as per section 47 of the act. in fact, section 47 of the act makes it clear that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary ..... rule 38 of ccs (pension) rules, 1972, the appellant got invalidity pension is no ground to deny the protection, mandatory made available to the appellant under section 47of the act. once it is held that the appellant has acquired disability during his service and if found not suitable for the post he was holding, he could be ..... accommodation, although a major accident occurred and the petitioner's leg was amputated.7. in the light of the aforesaid submissions, it is necessary to extract section 47 of the act.non-discrimination in government employment :--(1) no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service :provided that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-04-2003
Reported in : AIR2004AP179; 2003(6)ALT369
..... consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of his intention to do so.18. sub-section (2) of section 24-a of the act provides that the holder of a mining lease shall be liable to pay compensation in such manner as may be prescribed to the occupier of ..... obtained, which, in our considered opinion, is a mandatory requirement. the rules have been framed in exercise of the power conferred upon the central government under section 13 of the act, which provides and enables the central government to make rules for regulating the grant of reconnaissance permits, prospecting licences and mining leases in respect of minerals and ..... if so, the consent of the owner and occupier of the land be obtained in writing and be filed. 25. thus, it is clear that though section 24-a of the act which provides for the rights and liabilities of a holder of a mining lease, does not require the prior consent of the owner for undertaking mining operations .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-04-2003
Reported in : AIR2004SC361; 2003(4)CTC477; [2004(1)JCR140(SC)]; JT2003(8)SC296; (2003)11SCC146; (2004)1UPLBEC279
..... fine-tuned performance at the difficult heights of some disciplines where the best alone is likely to blossom as the best. to sympathise mawkishly with the weaker sections by selecting sub-standard candidates, is to punish society as a whole by denying the prospect of excellence say in hospital sendee. even the poorest, when ..... has been conducting the said examination. it may continue to do so unless a competent body is created by the central government in terms of a parliamentary act or otherwise. all expenses for conducting such examination shall be borne by the central government which would also provide the requisite infrastructure therefore. one test shall ..... capitation fee is charged and that there is no profiteering.'options:102. one possible remedy is to make a rule under the prevention of the capitation fee act that collecting any fee that was not previously announced in the college publications and any fee collected without a formal receipt should be punishable offences. this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-04-2003
Reported in : 2004ACJ46; 97(2004)CLT643(SC); 2003(4)CTC447; [2003(4)JCR225(SC)]; JT2003(9)SC159; 2004(1)MhLj1076; (2004)2MLJ39(SC); 2004MPLJ476(SC); 2003(9)SCALE362; (2003)8SCC718
..... the tribunal and the high court fell in error in concluding that the liability was restricted to the sum of rs. 50,000/-under section 95(2) of the motor vehicles act, 1939. we find that in 1982 section 95(2) had been amended to increase the liability of the insurance company to rs. 1,50,000/-. thus, on the date of ..... behalf of the appellants it is contended that the tribunal had applied a wrong multiplier. it was submitted that on the date the tribunal gave the award the motor vehicles act, 1988 had already come into force. it was submitted that the schedule for payment of compensation should have been applied. it was submitted that the multiplier should have been ..... damages, the tribunal directed payment of interest at the rate of 12% per annum. the tribunal held that the liability of the insurance company was limited under the motor vehicles act to rs. 50,000/-. the tribunal held that the balance would have to be paid by the owner of the vehicle. 3. the appellants filed an appeal in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-04-2003
Reported in : 2004(1)ALD(Cri)116; 2004(1)BLJR533; 2003(90)ECC779; JT2003(8)SC527; 2003(9)SCALE247; (2003)8SCC726; 2004(1)LC500(SC)
..... as a contraband article if possessed for sale. he also pointed out from the definition that the possession of said contraband was an offence even under section 21 of the act. learned counsel rebutting the argument of learned counsel for the appellant submitted that the contradictions pointed out by the learned counsel in regard to the ..... the contraband contained impure heroin which was known in the market as brown sugar. after completion of the investigation, a chargesheet was laid for offence punishable under section 21 of the act as stated above. the trial court as well as the high court have found the appellant guilty. 3. in this appeal, mrs. santosh singh, ..... on the suspicion that the appellant was carrying contraband goods, pw-1 expressed his desire to search the appellant. he informed her of her right under section 50 of the act to be searched by a gazetted officer or a magistrate which right the appellant allegedly waived. on such waiver, the lady constable pw-2 accompanying the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-04-2003
Reported in : II(2004)ACC672; 2005ACJ1267; (2004)1MLJ107
..... ) and argued rightly in our opinion that while deciding the multiplier the age of the claimants also has to be taken into account (vide) second schedule to section 163-a of the motor vehicles act. it was held therein as follows:-'it is well settled that life expectancy of the deceased or the beneficiaries whichever is shorter is an important factor. reference ..... the fact that the dependency in this case is more and that therefore a multiplier of 16 has to be applied in accordance with schedule ii to section 163-a of the motor vehicles act, 1988. it is no doubt true that the age of the deceased at the time of accident was 20 and it is seen from the schedule-ii ..... to section 163-a that a multiplier of 16 is prescribed in such cases. the learned counsel for the appellants has placed reliance on 2001 s.c.c. (cri .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-04-2003
Reported in : 2004(1)ALLMR749; 2004(1)BomCR9; 2004(1)MhLj923
..... against the non-borrowing members to be illegal. the order of the divisional joint registrar was challenged before the high court. reliance was placed on sub-section (3) of section 73c of the act, which at the relevant time read as under:-73c (3) 'in the case of an agricultural credit society which gives loans to individuals for the ..... committee. the said bye-laws also does not restrict the right of vote only to non-borrowing members. in the circumstances, we hold that both under section 73-c(3) of the act and under the bye-law 38(a) of the society, right to vote for electing one member from out of the non borrowing members will vest ..... does not by itself create separate constituencies. it is true that section 73c by itself does not create separate constituencies of borrower and non-borrower members. but there is nothing in the act which prevents a society from creating, under its bye-laws, separate constituencies for borrower members and non-borrower members. the bye-laws of a given .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-04-2003
Reported in : 2004(1)ALD175; 2003(6)ALT786; (2004)ILLJ993AP
..... law for remanding the matter by high court to the labour court for the purpose of affording opportunity to the parties to let in evidence.4. section 11-a of the act reads as follows:'where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a labour court, tribunal or national ..... k. harinath, contended that after observing the principles of natural justice the services of the petitioner were removed. in view of the proviso to section 11-a of the industrial disputes act, 1947 (for short, 'the act'), the labour court shall rely only on the material on record and shall not take any fresh evidence, and, therefore, the impugned order ..... including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require:provided that in any proceeding under this section the labour court, tribunal or national tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence .....
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