Court : Madhya Pradesh
Reported in : 2(1985)ACC194
..... may be considered to alert the drivers through audible/visual stimuli. it is further alleged in the petition that in order to evade the duty of controlling the traffic and the speed limit, the respondents are penalising the road users by erecting such hindrances on the roads which result in serious hazards and accidents and ..... of construction of speed breakers but as the local conditions are known to the district magistrate, the district magistrate issued instructions under section 74 of the motor vehicle act and most of the speed breakers have been put up near the public institutions, such as schools, hospitals, colleges, district courts and sharp turnings. it is ..... signals have been provided which should be put up on the roads wherever the speed is intended to be controlled.6. it is apparent that the highways act and the motor vehicles act have been borrowed from the acts as they were in england and the learned counsel for the respondents, therefore, rightly referred to the discussion .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1987]164ITR713(MP)
..... of the bank and was exempt from income-tax.10. following the decision of the supreme court in bihar state co-operative bank's case : [1960]39itr114(sc) , the karnataka high court in addl. cit v. m. ranga pai : [1975]100itr413(kar) , the gujarat high court in addl. cit v. ahmedabad district co-operative bank ltd. : ..... : [1968]70itr86(sc) . their lordships have held that interest received on government securities held by a co-operative society qualifies for exemption under section 80p of the act.14. learned counsel appearing for the revenue submitted that the assessee has been holding the same securities and there had been no transaction at all and, therefore, it ..... commissioner who allowed the assessee's appeal holding that the assessee was carrying on banking business and as per provisions of section 24 of the banking regulation act, 1949, the banking companies had to maintain a certain percentage of their assets in the form of securities and hence the securities held by the banking .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)52CTR(MP)329; [1985]156ITR134(MP)
..... article 14 and article 19(1)(g) of the constitution has no merit and must be rejected. we may at this stage also refer to a decision of the karnataka high court in nataraj v. union of india. : [1985]155itr81(kar) wherein a similar challenge to the constitutional validity of these provisions based on arts. 14 ..... article 226 of the constitution, challenge is made to the constitutional validity of ss. 44ab and 271b of the i.t. act, 1961 (hereinafter called 'the act'), introduced in the act by section 11 of the finance act, 1984 (act no. 11 of 1984), rule 6g in chapter ccc introduced in the i.t. rules, 1962 (hereinafter called 'the rules ..... . further facts relating to the individual petitioners are not necessary for deciding the question of constitutional validity of the impugned provisions. the impugned provisions introduced in the i.t. act, 1961, and the i.t. rules, 1962, are as under :' 44ab. audit of accounts of certain persons carrying on business or professions--every person,-- (a) carrying .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP122; 1985MPLJ786
..... our opinion, decision of the supreme court in lingappa pochanna v. state of maharashtra, air 1985 sc 389 following its earlier decision in manchegowda v. state of karnataka, air 1984 sc 1151 is alone sufficient to repel all these arguments advanced on behalf of the petitioners. 11. the substance of the meaning of sections. 170-a ..... effect of sub-section (2) is to usurp the judicial function. it was also urged that there is repugnancy between central enactments like the limitation act, transfer of property act and contract act, for sub-section (2) it was also argued by some counsel that its effect results in deprivation of means of livelihood necessaryfor existence with dignity ..... there is no violation of article 14. 22. the argument of repugnancy based on clause (2) of article 254 with reference to the limitation act, transfer of property act and the contract act can be disposed of on a short ground only. clause (2) of article 254 relates to matters enumerated in the concurrent list. it is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1986)ACC361
..... under all the circumstances to avoid causing harm or damage to ors. ordinarily skilful driver is expected to avoid excessive speed, to keep a good look out and to observe traffic rules and signals.15. it may also be pointed out that in evaluating evidence for a conclusion on the question of negligence, the standard of proof required in a ..... . according to the petition, the accident had occurred due to the negligence of shivlal who at the relevant time was driving the tractor at excessive speed and had lost control over it when he was faced with a cow on the road. it was stated in the petition that the deceased was an agriculturist and also a mlik vendor and ..... was as per terms and conditions embodied in ex. d 1. there under the accident tractor was to be used only under a public carrier's permit under the act the policy expressly prohibits use of the vehicle for conveyance of passengers for hire or reward and in consideration of additional premium covers the risk of only two categories of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1986)ACC159
..... to the left had collided with the car.11. the fact that the car-driver could not bring the vehicle under his complete control, when according to his own version, he bad spotted the victim and the cow at a distance of 60 paces clearly indicated that ..... others. ordinarily a skilful driver is expected to avoid excessive speed, to keep a good look out on the road and to observe traffic rules and signals. it is the breach of duty which gives rise to liability for compensation.10. fn order to prove negligence on ..... a wider ambit than the words under section 1a and 2 of the accidents act.15. there can be no exact uniform rule for measuring the value of the human life and the measure of damages cannot ..... a happy life of the deceased do enter in the assessment of compensation under this provision.14. under section 110-b of the act, the tribunal is required to make an award determining the amount of compensation which appears to it to be just. the provision has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP228; [1988]64CompCas418(MP)
..... under all the circumstances to avoid causing harm or damage to others. ordinarily skilful driver is expected to avoid excessive speed, to keep a good lookout and to observe traffic rules and signals.15. it may also be pointed out that in evaluating evidence for a conclusion on the question of negligence, the standard of proof required in a ..... according to the petition, the accident had occurred due to the negligence of shivlal who at the relevant time was driving the tractor at excessive speed and had lost control over it when he was faced with a cow on the road. it was stated in the petition that the deceased was an agriculturist and also a milk vendor ..... case was as per terms and conditions embodied in ex. d-1. thereunder the accident tractor was to be used only under a public carrier's permit under the act. the policy expressly prohibits use of the vehicle for conveyance of passengers for hire or reward and in consideration of additional premium covers the risk of only two categories .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1986)ACC314; AIR1986MP251; 1986MPLJ689
..... 78-b of the rules, there is any discrimination with general classes of the society. 25. in a recent case of k.c. vasanth kumar v. state of karnataka, air 1985 sc 1495 while delivering the judgment, hon'ble mr. justice a.p. sen has expressed his opinion thus: 'economic backwardness is only one of the ..... , the regional transport authority is not obliged to hear the bus operators. it is a settled view that for inter-regional routes, section 47(3) of the act has no application and therefore in such cases the respective regional transport authorities after mutual deliberations, on meeting of mind, may settle the grant of permit and accordingly ..... for which permit can be granted for any specified area or route within the territorial jurisdiction of such regional transport authority. 9. amendment to section 47 of the act, which makes provisions for reservation of permits for the interested members of scheduled castes and scheduled tribes and other weaker sections of the society, has been made by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP237; 1987MPLJ46
..... this road during day time. the collector has been empowered by the state government under rule 257 to exercise power under section 74 of the motor vehicles act to regulate traffic on a particular area or road. therefore, the collector had the right and authority to issue the notification in question. public safety and convenience being the ..... 109) has held that while there is no provision in law regarding construction of speed brakers, the basic intention behind the construction of speed brakers is to control the speed of vehicles and avoid accidents, and thereby safeguard the life and secure safety of the users of the road. the construction of speed brakers being ..... government. the supreme court in manglaur municipality v. mahadeo, air 1965 sc 1147, has held that vesting means that it has the exclusive right to manage and control the surface of the soil as is necessary to enable it to adequately maintain it and enable it as owner to bring possessory action against trespassers. since part .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1988)ACC300; AIR1988MP38
..... udeshi v. ranjit ginning & pressing co. pvt. ltd., air 1977 sc 1735: --'sections 95(a) and 95(b)(i) of the motor vehicles act adopted the provisions of the english road traffic act, 1960, and excluded the liability of the insurance company regarding the risk to the passengers. section 95 provides that a policy of insurance must be a ..... third parties' states thus :'the company shall not be liable in respect of damage to property belonging to or held in trust by or in the custody or control of the insured or a member of the insurer's household or being conveyed by the motor vehicle'.from the insurance policy, therefore, it is apparent that the ..... policy and limits of liability, and section 110(1) which provides for constitution of claims tribunal for adjudicating upon claims for compensation fall under chapter vii of the act entitled 'insurance of motor vehicles against 'third party' risks'. the claim of damages in respect of property of the cooperative society in the instant case, according to .....
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