Court : Madhya Pradesh
Reported in : 1999CriLJ3451
..... that an entry of birth made in an official record maintained by an illiterate chowkidar by somebody else at his request does not come within section 35 of the evidence act. but that is not the case here. in the present case the entry in the birth register was made by an official in discharge of his public duty and its ..... can be proved by mere production of that entry and it is not necessary to examine the person who made it. this is admissible under section 35 of the evidence act. that is also the view in state of punjab v. gurmit singh, air 1996 sc 1393 : 1996 cri lj 1728.9. the learned counsel for the appellant has cited brij .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998(1)MPLJ612
..... principles, should in all cases of doubtful significance be presumed to be true one. the apex court in its decision in the case of administrator, municipal corporation v. dattatraya dahankar reported in 1991(4) judgment today page 500, the mechanical approach to construction is altogether out of step with the modern positive approach. ..... interest in the accommodation in dispute by transfer. the contention is that the transfer contemplated under the proviso taking into account the legislative policy underlying the act was restricted to a transfer inter-vivos and not any other type of transfer, such as by inheritance or devolution or testamentary succession. it has ..... by the plaintiff-landlord, dwarika prasad singhal seeking eviction of the defendant, national insurance company ltd. from the accommodation in dispute, which had been let out to it, on the grounds contemplated under section 23-a(b) of the aforesaid act to the effect that the accommodation was 'bona fide' required by the landlord .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP143
..... of m/s. northern india iron and steel co. (air 1976 sc 1100) (supra) and in the case of man industrial corporation v. r.s.e.b., air 1986 raj 137. reference was also made to the decision in the case of mukund iron ..... being in force the consumer shall elect to be charged. in both the situations, it is not that the realities of the life have not been taken into consideration.23. in the tariff which has been issued by the board, as quoted above, there ..... or using the electrical energy supplied because of lockout, strike, riot, insurrection, command of civil or military authority, fire, explosion, act of god, other unavoidable cause or natural calamity, then in any such case, the consumer on giving notice in writing to the ..... agreement either in whole or in part through lock-out, strike, riot, insurrection, command of civil or military authority, fire explosion, act of god, other unavoidable cause or natural calamity (hereinafter called the 'breakdown') then and in any such case, the consumer on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ648
..... gwalior steels pvt. ltd. (supra) to the effect that there is no clause akin to clause 13 in the present agreement.13. in the case of ma man industrial corporation (supra), the terms of agreement in the state electricity board came up for consideration before hon. s. c. agarwal, j., as he then was and his lordship observed thus ..... tariff for the area for the time being in force the consumer shall elect to be charged. in both the situations, it is not that the realities of the life have not been taken into consideration.23. in the tariff which has been issued by the board, as quoted above, there is no such provision made for a ..... petition no. 3616 of 1995 (raymond limited and anr. v. state of m.p. and ors.) are taken into consideration.the petitioner is a company registered under the companies act, 1956, having its registered office at ratnagiri in the state of maharashtra. its cement manufacturing division is situated at gopalnagar, tahsil janjgir, district bilaspur (mp). the petitioners by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998(2)MPLJ249
..... that 'law must keep the promise to justice'. this is how law operates to do justice between parties. as held in air 1986 sc 137, american home products corporation v. mac laboratories pvt. ltd. interpretation of statutes should not lead to manifest absurdity, futility, palpable injustice or absurd inconvenience or anomaly. power of a magistrate, as ..... the taxation authority seizing it on payment of tax, penalty and interest due.18. (1) any person aggrieved by an order passed by any officer under the act or these rules against which an appeal lies, may within thirty days of the date of the knowledge of the order prefer an appeal to the transport commissioner, ..... for penalty imposed under section 13, or(b) aggrieved by the seizure of motor vehicle made under section 16, or(c) aggrieved by any order passed under this act, may, within the prescribed time and in the prescribed manner appeal to the prescribed authority, who shall, after giving such person and the taxation authority an opportunity .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000ACJ474
..... hence, he will not be a 'third party' falling within the ambit of 'any person' so as to meet the requirement of section 95 of the act. therefore, the insurer would not be liable as the risk was not covered by endorsement no. imt-5 as the claimant being not a workman within the scope of workmen's ..... medical claim policy and by the employer. to that the claimant is not entitled. this court considered the question in krishnasaran shrivastava v. m.p. state road trans. corporation m.a. no. 516 of 1995; decided on 12.9.1997, wherein it has been observed that the claimant could not have got medical reimbursement under the m.p ..... due to which he is not able to walk, run or sit properly. there is a loss of expectation of life on account of injury. he had to suffer inconvenience, hardship, discomfort, disappointment, frustration and mental stress throughout the life. therefore, on some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of disability caused .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ432
..... the course of his work;(p) unauthorised absence from duty for more than ten consecutive days;(p-1) obtaining financial assistance from the employees state insurance corporation on the basis of tax on forged documents,(q) a minor misconduct of which a workman is found habitually guilty, i.e. for not less ..... 1794, at page 1851 held that the standing orders of the rajasthan state road transport corporation could not permit retrenchment without complying with chapter v-a of industrial disputes act, 1947. clause 13(1) of standing orders of aforesaid corporation provided termination of employment of permanent employees by giving notices as per clause (a) ..... of the undertaking;(f) . drunkenness, riotous or disorderly behaviour, during working hours at the undertaking or conduct endangering the life or safety of any person, intimidation, physical duress or any act subversive of discipline;(g) collections of any moneys within the premises of the undertaking for purpose and by persons not authorised .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ3632
..... more) caused death of smt. dharambai, everyone of dacoits becomes punishable with offence under section 396, i.p.c. which is punishable with death or imprisonment for life or imprisonment of 10 years.36. thus, the accused persons namely; kunwarlal, shyamlal murli, dhaniram, sunnulal and ghaseeta committed offence punishable under section 395, i.p ..... from the above circumstances, it has been clear to us that inference of dacoity has to be taken, inter alia under section 114, illustration (a) of evidence act, against accused kunwarlal, shyamlal, murli, dhaniram, sunnulal and ghaseeta. the murder in this case was part of the transaction of dacoity. whichever dacoits participating in the ..... officers who arrested these accused and interrogated them and in whose presence disclosure statements were made by them which are claimed admissible under section 27 of the evidence act, are pw 22 n. k. upadhyay, s. i., pw 23, i.b. singh bhadoria. then there are two naib tahsildar and one addl. tahsildar .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]246ITR363(MP)
..... under section 131(1a) can be only exercised after recording satisfaction for search and seizure under section 132(1) would render, nugatory the substitution of and incorporation by the amendment act, the four categories of officers under section 131(1a), namely, director general, director, deputy director and assistant director (investigation) apart from the authorised officers, as the effect ..... the persons involved, who are very influential and powerful in the present set up ; that the matter discloses a definite nexus between crime and corruption in public life at high places in the country which poses a serious threat to the integrity, security and economy of the nation ; that probity in public ..... life, to prevent erosion of the rule of law and the preservation of democracy in the country, requires that the government agencies be compelled to duly perform .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)ILLJ358MP; 2000(1)MPLJ26
..... under section 5a and section 5b respectively, of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), or the 'indian airlines' and 'air india' corporations established under section 3 of air corporation act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956) or the oil and natural gas commission established under section ..... 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation act, 1962 (58 of .....
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