Court : Madhya Pradesh
Decided on : May-06-2003
Reported in : AIR2004MP215; 2004(1)MPHT56; 2004(1)MPLJ552
..... not been pleaded, no decision could be passed thereupon. the point which now the defendant is raising appears to have been borrowed from the context of section 63 of the indian contract act but without any pleading to that effect, the defendant can not be permitted to raise this point for the first time in this court and to put ..... corporation v. m. krishnaswami mudaliar and anr., air 1985 sc 607, it was held by their lordships of the supreme court while dealing with sections 55 and 73 of the indian contract act have held that the contractor is entitled for extra payment for the extended period of contract on account of inflation because the department extended the period ..... the judgment and decree dated 7-10-1999 passed by the learned district judge, hoshangabad in civil suit no. 4-b/92, the defendant has preferred this appeal under section 96 of the code of civil procedure, 1908.2. in brief, the suit of plaintiff, who is respondent herein, is that he entered into an agreement with the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-13-2003
Reported in : AIR2004MP22; 2003(4)MPLJ513
..... get the wajifa and are also entitled to receive offerings, chadar, coconut, chironji dane etc. made at dargah as has been held by the tribunal. sub-section (3) of section 32 of the act provides that the board can settle any scheme for management under clause (d) or give any direction under clause (e) about the utilisation of surplus income ..... and the said 'majar' was registered as wakf and a committee was constituted for its management. it was further submitted by the board that board exercised powers under section 27 of the act. the board filed the m.p. gazette and certified copy of the registration, in which 'majar' was shown as wakf property, to which the plaintiff did ..... the said 'majar' which is wakf. the board pleaded that on 29-11-1967, the defendant filed an application for registration of 'majar' as wakf under section 25 of the act and, thereafter invited objections upon it, by publishing a general notice on 7-12-1967, and affixed a copy of the notice on the conspicuous part of the .....
Tag this Judgment!Court : Delhi
Decided on : Aug-27-2003
Reported in : AIR2004Delhi140; 2003(3)ARBLR335(Delhi); 2003(70)DRJ516
..... centres trust) made three submissions. the first submission was that the impugned award is a reasoned award made in pursuance of the statutory provisions of section 24 of the said act. he submitted that the scope of article 226 was limited inasmuch as there could be no reappraisal of the evidence unless some perversity or ex facie ..... caused to the property' on entry after requisition or during the period of requisition, other than normal wear and tear. it is also provided under section 24 of the said act that when a person interested is aggrieved by the amount of compensation so determined and makes an application within the prescribed time to the central government ..... the possession of the delhi administration till 26.03.1977 when, by an order of the same date and passed in exercise of powers conferred by section 29 of the act, the administrator rescinded its earlier order of requisition with immediate effect and directed that possession of the property be restored to the respondent no. 1. .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-17-2003
Reported in : RLW2003(4)Raj2111; 2003(2)WLC492; 2003(1)WLN167
..... the guilty officer under the provisions of c.ca rules and in the case against the public representatives such action may be taken under section 38 of the rajasthan panchayati raj act. it is relevant to mention here that the above order dated 19 july 2001 was issued by the director, panchayati raj . department, ..... learned counsel for the petitioners frankly admitted that the petitioners are the government servant as defined in sub-clause (c) of section 2 of the rajasthan civil service (service matter appellate tribunal), act 1976 and their services are being governed by the rules of 1971, they are not the appointees under the rajasthan panchayati ..... for the petitioner admitted that the petitioners were appointed under the rules of 1971 and they are government servants as defined in sub-section (c) of section 2 of rajasthan civil service (service matters appellate tribunal) act, 1976. the tribunal established under the rules of 1976 is competent to decide the service matters given in sub .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2003
Reported in : 2003CriLJ3342; RLW2003(4)Raj2552; 2003(3)WLC655
..... birth (dated 24.8.1966) of the accused has been proved from the record and ex.p/22 medical report after inquiry. as per provisions of section 22 of the act, the period of detention, so ordered shall not exceed the maximum period of imprisonment, to which the juvenile could have been sentenced for the offence committed. ..... the state government, where it remained pending for a period of about three years and when the matter was pending before the state government, the act was made applicable.24. section 26 of the act, which is a special provision in respect of pending cases, reads as under :-'26. special provision in respect of pending cases.- notwithstanding anything ..... by the court of sessions. secondly, the learned counsel argued that the court of additional sessions judge was not competent to try and hear the appeal under section 37 of the act and the conviction is vitiated on this sole ground. thirdly, he has argued that as the revisionist- petitioner has now attained the age of 18 years .....
Tag this Judgment!Court : Chennai
Decided on : Mar-10-2003
Reported in : (2003)IILLJ715Mad
..... period of three years on and from 15th march 1984. the second respondent relying on the said g.o., has come to the conclusion that section 41 of the act is applicable to the first respondent as the said provision was not exempted and as the period of the g.o. had also over. the ..... have wrongly exercised the said power, the 1st respondent cannot take advantage of the same to contend that the petitioner is estopped from relying on section 4(1)(c) of the act. there cannot be any estoppel with reference to the statute. in view of the above, the said submission of the learned counsel for ..... provide for the regulations of conditions of work in shops, commercial establishments, restaurants, theatres and other establishments, and for certain other purposes. section 2(3) of the act defines 'commercial establishment'. section 2(6) of the act defines 'establishment', which means a shop, commercial establishment, restaurant, eating-house, residential hotel, theatre or any place of public amusement or .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-08-2003
Reported in : [2003(2)JCR696(Jhr)]
..... is entitled to proportionate remission in amg and md charges for the duration of non-supply of power and also for the reasons, like strike, riots, fire, floods, explosions, act of god or any other case reasonably beyond control. the formula for such computation of remission in amg and md charges had been laid down by the court in bihar ..... is prevented from receiving or using the electrical energy to be supplied under this agreement either in whole or in part due to strikes, riots, fire, floods, explosions, act of god or any other case reasonably beyond control or if the board is prevented from supplying or unable to supply such electrical energy owing to any or all ..... is concerned, is divisible in two parts-the first part is the inability to consume power either in whole or part due to strikes, riots, fire, floods, explosions, act of god and the other part is the inability of the consumer to take the power. the first has conclusive grounds and the second part has inconclusive grounds and .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-2003
Reported in : I(2004)ACC463; III(2004)ACC828; 2005ACJ982
..... the other motor vehicle the tanker had fallen on one of its side on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that the ..... a result of overturning of petrol tanker, petrol contained in it leaked out and collected nearby. at about 7.15 a.m. about 4 1/2 hours of accident an explosion took place in the said petrol tanker, resulting in fire, causing death and injuries to few persons. the case on behalf of petrol tanker was that at the time ..... that the death was not caused by the tractor-trolley and was caused by the bus and, therefore, the appellant was not liable for compensation under the provisions of section 147 of the act. he contended that the tractor-trolley was standing and as a result of being dashed by the bus, the trolley turned and fell on the deceased, munir ahmad .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-17-2003
Reported in : 2003(51)BLJR578; [2003(2)JCR348(Jhr)]
..... examination of a witness in connection with sessions trial no. 70/2000 arising out of g.r no. 624 of 1998 registered under sections 324, 302/34 of the indian penal code and 3/4 of the explosives substance act. 2. short fact of the case as alleged that one vishwanath singh while returning from the call of nature the accused devendra singh ..... . vishwanath singh sustained injury due to explosion of the bomb. in the meantime, accused persons fled away. later on the injured died due to said injuries. 3. the police investigated into the case and submitted charge-sheet against the accused persons. prosecution examined the witnesses and after closing of the prosecution case, a petition under section 311, cr pc was filed for .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-14-2003
Reported in : 2004(1)ARBLR127(Jhar); 2003(3)BLJR1971; [2003(3)JCR269(Jhr)]
..... award on all the claims except one as quoted hereinabove. the appellant challenged the said award before the court below by filing objection under section 34 of the said act. the court below after hearing the parties dismissed the said objection and refused to set aside the award.11. in addition to the original ..... contended that the claimant contractor was responsible to arrange for their own quarry and transport equipment and all other arrangements for working the quarry including approach road, explosives and detonators etc. the appellants' further case is that inspite of availability of the approved drawing there was unsatisfactory progress of work and for that a ..... i.e.(i) failure to arrange necessary fund for completion of work.(ii) failure to issue necessary drawings in right time.(iii) failure to issue explosive materials and or cement in right time.(iv) failure to complete land acquisition process and to prevent objection by erstwhile landowners and/or villagers who prevented .....
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