Court : Madhya Pradesh
Reported in : II(1995)ACC285
..... be held liable. this pleading clearly indicates the collusive attitude of both the insurance company as well as the insured. it is this attitude which has been the subject-matter of criticism in various judgments. it is regrettable that a nationalised institution should come out with such evasive replies and returns and indulge in collusive ..... appellant has proved negligence on the part of the respondent no. 2, the tractor driver 8. the definition of 'proved' under section 3 of the evidence act reads as follows:'proved'--a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers ..... most unreasonable approach to the evidence available on record and submitted that the tribunal has completely overlooked the definition of 'proved' under section 3 of the evidence act.5. mr. sujan jain, the learned counsel appearing for respondent no. 1, has supported the finding that negligence was not proved and alternatively submitted that in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ931
..... of draft scheme and date of publication of approved scheme in respect of proposed nationalised routes or portions thereof. the purpose behind this provision was that rights of private route operators might not be created or even their once existing rights might ..... annex. b) would show that the said authority was of the view that the matter fell within the purview of section 68-f(ld) of motor vehicles act, 1939. this provision placed an embargo on the grant or renewal of permits, except temporary permits in certain circumstances, during the interregnum between the date of publication ..... gwalior dated 25-1-1982 (annex. d) renewing stage carriage permit of respondent no. 3, m/s. prabhat transport company.2. first a few facts which are uncontroverted. respondent no. 3, m/s. prabhat transport company, is a private route operator which held an old regular stage carriage permit of the year 1962 (permit no. 41/62 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996]86CompCas147(MP); 1994(0)MPLJ610
..... be either the contractual rate of interest or where there is no such contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transaction. explanation ii further clarifies the expression 'commercial transaction' and states that any transaction connected with the industry, trade ..... but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions . explanation ii.--for the purposes of this section, a transaction is a commercial transaction, if it is connected with ..... same.6. it cannot be disputed that the plaintiff-bank is a corporate body having been constituted under the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970, and functioning under various statutory provisions and regulations and, therefore, the genuineness of the power of attorney can hardly be doubted .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP27
..... learned single judge/that the court had no power to scale down the interest charged by the bank by applying usurious loans act, 1918 (the act for short). it was not applicable to the nationalised bank. the learned single judge declined to accept the appeal filed by the appellant.8. the learned counsel for the appellant ..... that the provisions of the act are not applicable to the transactions of a nationalised scheduled bank like punjab national bank. for this purpose, the learned counsel referred to us section 21a of the banking regulation act, 1949 which reads as under:--'21-a. rates of interest charged by banking companies not to be subject to ..... scrutiny by courts:-- notwithstanding anything contained in the usurious loans act, 1918 ( .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1997)142CTR(MP)524; [1997]225ITR782(MP)
..... saboo ltd. v. cit , the punjab and haryana high court, agreeing with the decision of the calcutta high court, took the view that the fee paid under the companies act for increasing the share capital was an expenditure of capital nature.8. in upper doab sugar mills ltd. v. cit : [1979]116itr928(all) , the allahabad high court ..... court and the delhi high court, agreed with the view of the madras high court and made a, reference to the decision of the supreme court given in empire jute co. ltd. v. cit : [1980]124itr1(sc) . their lordships agreed that it is true that the increase in the authorised share capital is obtained from raising ..... capital structure as a result of which certain incidental advantage flows, the expenditure will be of capital nature. their lordships considered the decision of the supreme court given in empire jute co. ltd. v. cit : [1980]124itr1(sc) , and it was distinguished. their lordships also considered the case of the madras high court and distinguished it. therefore .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1999]239ITR404(MP)
..... to the assessment year 1980-81, derived income from interest from banks and private parties at rs. 1,07,338 and dividend income from indian as well as foreign companies amounting to rs. 5,27,146. the assessee paid interest to the banks to the extent of rs. 3,75,203 and claimed deduction of the same in computing ..... and the tribunal also confirmed the order of the income-tax officer on this issue. hence, the assessee approached the tribunal under section 256(1) of the income-tax act for making the reference before this court and accordingly, the tribunal has referred the aforesaid question of law. this question has now been answered by their lordships of the ..... the income from interest and dividends. the income-tax officer allowed the education for only rs. 57,000under section 80vv of the income-tax act, relatable to interest on amounts withdrawn for payment of income-tax and disallowed the balance of the claim. thereafter, the matter was taken up in appeal and the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1998)IILLJ1135MP
..... to be hindi speaking zones. the challenge is the background of constitutional provision and the official languages act has also been controverted in the return. it is also stated that the promotion policy of other nationalised banks are based on the requirement of their services and not binding on the answering respondents.4. a ..... as the case may be, in hindi shall also be provided till such date as the staff of the concerned ministry, department, office or corporation or company aforesaid have acquired a working knowledge of hindi.(3) notwithstanding anything contained in sub-section (1), both hindi and the english language shall be used for:(i ..... and another,(ii) between the ministry or department or office of the central government and any corporation or company owned or controlled by the central government or any office thereof;(iii) between any corporation or company owned or controlled by the central government or any office thereof and another, a translation of such communication .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT510; 2001(3)MPLJ660
..... correctly and legally implement the scheme of grades and categorisation of posts enunciated in chapter ii of the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980) (hereinafter referred to as 'the act') and on account of that the petitioner has been superseded by almost all bank officers who were below in ..... court observed that implementation of the scheme by the said respondent bank under the regulation proceeded under a misconception that the fitment contemplated by way of nationalisation of promotion when the matter was originally heard, we had pointed out to counsel for the respondent-bank that the scheme did not provide for promotion ..... , abolished, submerged or washed out at their prejudice without giving them sufficient hearing and without following the rule of natural justice. in that process such nationalised bank has to follow a reasonable approach and that reasonable approach would have been to make a list of all the employees of the then new bank .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... and not the institutions incorporated under a general statute providing for incorporation. their lordships further held that commercial university limited which was incorporated under the companies act could not be said to have satisfied the definition of 'university'. in this regard we may profitably refer to the observations of their lordships as under :--'the ..... we are concerned, we can legitimately drawn upon the 'noscitur a sociis' principle. this expression simply means that 'the meaning of a word is to be judged by the company it keeps'. gajendragadkar, j., explained the scope of the rule in state v. hospital mazdoor sabha, (1960) 2 scr 866 : (air 1960 sc 610) in the following ..... so that a fair idea is garnered about the theme relating to the coming into life of the enactment and the introduction of the amendments.3. the act (act no. 37 of 1995) was enacted to establish and incorporate a university in the state of madhya pradesh and to provide for education and prosecution of research .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... in sub-rule (2) and such fee may be remitted either in the form of crossed demand draft drawn on a nationalised bank in favour of the registrar and payable at the station where registrar's office is situated or remitted through a crossed indian ..... the apparently wide words of other statutes conferring rights of appeal. section 202 of the indian companies act, 1913 confers a right of appeal 'from any order or decision made or given in the matter of the winding up of ..... memorandum of appeal under section 20 of the act shall be accompanied with a fee provided in sub-rule (2) and such fee may be remitted either in the form of crossed demand draft drawn on a nationalised bank in favour of the registrar and payable at ..... the petitioner relief notwithstanding the existence of an alternative remedy. the broad lines of the general principles on which the court should act having been clearly laid down, their application to the facts of each particular case must necessarily be dependent on a variety of .....
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