Court : Madhya Pradesh
Reported in : 2000(4)MPHT288
..... single bench decision of the same high court in new india assurance co. ltd. v. ranjit ghosh and anr. (1999 acj 159), holds that when motor vehicles act provides for an appeal and the insurance company has limited defence under section 149, the writ petition under article 226 or 227 of the constitution of india was not maintainable. single bench judgment of ..... order/interim order of the tribunal is maintainable. same view has been taken by the single bench of rajasthan high court in dushyan kumar and ors. v. rajasthan state transport corporation and ors. (1991 acj 150), which follows the division bench decision of the same court in darshan singh v. ghewarchand (1993 acj 534). in sarjubai v. gurudip singh and ors .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ648; 2000(3)MPLJ561
..... ), the single bench decision of the same high court in new india assurance co. ltd. v. ranjit ghosh 1999 acj 159 (gauhati), holds that when motor vehicles act provides for an appeal and the insurance company has limited defence under section 149, the writ petition under article 226 or 227 of the constitution of india was not maintainable. single bench judgment of ..... order/interim order of the tribunal is maintainable. same view has been taken by the single bench of raj-asthan high court in dushyant kumar v. rajasthan state road trans. corporation 1991 acj 150 (rajasthan), which is confirmed in the division bench decision of the same court in darshan singh v. ghewarchand 1993 acj 534 (rajasthan). in sarjubai v. gurudip singh .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1623
..... interest at the rate of 12 per cent per annum.6. the learned counsel for the insurer raised a submission that article 137 of the limitation act, 1963 would be applicable and the decision of the apex court in the case of dhannalal v ..... 16,57,000 was claimed.4. owner of the truck, namely, rama-dhar singh and driver chhotelal remained ex parte. insurer, namely, national insurance co. ltd. in its reply contended that it was a case of contributory negligence, income of the deceased has been ..... of the motor vehicles; control of traffic; motor vehicles temporarily leaving or visiting india, liability without fault in certain cases, insurance of motor vehicles against third party risks; claims tribunal; offences, penalties and procedure and miscellaneous provisions under various chapters. the ..... 000. the claimants are also entitled to funeral expenses of rs. 2,000 and conventional amount for loss of expectancy of life in the sum of rs. 10,000 and a further sum of rs. 2,500 on account of loss to estate .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(2)MPHT199
..... she has placed reliance on aphali pharmaceuticals ltd. v. state of maharashtra, air 1989 sc 2227. it is her further submission that the form cannot control the act and the rules. learned counsel has relied on life insurance corporation of india v. escorts ltd., air 1986 sc 1370. but in the instant case, we find that the form is not controlling the ..... act or the rules. it simply prescribes a mode, as per the section and the intendment of the rules, of hearing and nothing beyond it and there is ..... appeal no. 1/19 in exercise of powers conferred under section 58 (2) of the act and reinstatement of respondent no. 2 was directed with full back wages.3. in the reply filed before the appellate authority by m/s. ashok hotel corporation limited, bhopal it was alleged that respondent no, 2 was removed on the ground of gross .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP135; 2001(5)MPHT130; 2001(3)MPLJ520
..... review proceeding where the court concludes that the decision is such that no authority properly directing itself on the relevant law and acting reasonably could have reached it. (associated provincial picture houses ltd. v. wednesbury corporation, (1947) 2 all er 680, per lord greene, m. r.)'irrationality may occur when weight of the facts ..... (1967) 2 qb 617 and r. v. gaming board for great britain, ex p benaim and khaida, (1970) 2 qb 417, punton v. ministry of pensions and national insurance, (1963) 1 all er 275, ashbridge investments ltd. v. minister of housing and local government, (1965) 3 all er 371, padfield v. minister of agriculture, fisheries and ..... judicial review, the court can examine the decision-making process and interfere if it is found vitiated by mala fides, unreasonableness and arbitrariness. the state, its corporations, instrumentalities and agencies have the public duty to be fair to all concerned. even when some defect is found in the decision-making process the court .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ542
..... marriage as contended by claimant nos. 2 and 3 (parents). judgments in anju mukhi v. satish kumar bhatia 1998 acj 400 (mp) and rajasthan state road transport corporation v. kiran lata 1993 acj 130 (rajasthan), are brought to our notice. before making reference to the first case, let us refer to the second case of the ..... accident, therefore, the liability for payment of compensation is not theirs and in case any liability is established, the same be made payable by the insurance company. defence of the insurance company is that the deceased was driving the vehicle carelessly. his mental state was not normal. he did not possess driving licence and the accident took ..... cannot be asked to lead a life of a widow and should remain throughout within the four walls of the house. parliament in its wisdom enacted the hindu marriage act and hindu succession act, 1956 and codified the hindu law. after the death of the husband, under section 14 of the hindu succession act, wife becomes an absolute owner .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(4)MPHT66; 2001(3)MPLJ246
..... of section 21 of the penal code. he is alleged to have served under the lic which would be a corporation withinthe meaning of the above sub-section. life insurance corporation of india is established under the life insurance corporation act, 1956, therefore, it is a corporation within the meaning of sub-section 12 (b) of section 21 of the penal code. if the applicant ..... me that the applicant was not a member of the staff of lic, therefore, his status has to be determined in accordance with the provisions of the life insurance corporation act and the regulations framed by the lic regarding the conditions of employment of agents. the aforesaid has to be read in the light of relevant provisions of section ..... person is in service of another person. in view of this matter, this court must examine the status of the applicant in relation to the life insurance corporation act, 1956. the applicant is undoubtedly an agent and, therefore, he cannot be said to be a member of the staff of the lic. in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001CriLJ4325; I(2002)DMC463; 2001(4)MPHT405; 2001(3)MPLJ170
..... the amount of maintenance which is otherwise payable to them. the provision under section 125(4), cr.pc disentitles only the wife if she is leading an adulterous life. however, husband respondent cannot escape his liability of maintaining two minor children -sunita and santosh of paying maintenance of rs. 100/- per month to each of ..... sagar on 19-7-94. the learned addl. sessions judge directed enquiry into the allegation made by the respondent that the petitioner no. 1 was leading an adulterous life. the respondent was held liable to pay the maintenance amount upto march, 1994 and the recovery of amount of maintenance for subsequent period after march, 1994 was ..... by the court of jmfc for consideration on 8-3-94. in the application the respondent contended that the wife (petitioner no. 1), was leading an adulterous life; she was having pregnancy conceived from some other person and thus she has become disentitled to claim maintenance, hence, the order of grant of maintenance be revoked.6 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT425
..... petitioner, life insurance corporation of india (hereinafter referred to as 'the corporation') was established by notification dated 1st september 1956 under section 3 of the life insurance corporation act, 1956. the affairs of the corporation are governed by the aforesaid act and the rules framed thereunder as well as under the insurance act, 1938. the central office of the corporation is ..... constitution of india. this court cannot be oblivious of the fact that it was the life insurance corporation of india which had instituted an application for recovery of the amount in question. the contention of the corporation before the tribunal was that the lonee had created an equitable mortgage of immovable property. ..... of the aforesaid enunciation of law it can safely be concluded that if an equitable mortgage is created in favour of the corporation article 62 of the limitation act would be attracted. the main thrust of the matter is if an equitable mortgage has been created. submission of mr. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
..... date of delivery of the judgment cannot be a guiding factor. this was so indicated by a division bench of this court in its decision in the case of municipal corporation, indore and others v. smt. ratnaprabha dhanda, indore and others, reported in 1989 mplj 20 at page 27.49. the observations to the aforesaid effect were also made ..... case of mst. sultan jehan begum and others v. gul mohammad and others, reported in air 1973 mp 72 to the effect that section 28 of the limitation act (old act) merely declares when the right of the person out of possession is extinguished and it is not correct to say that section confers title on the person who has ..... it only governs those matters for which provision is madetherein. in other respects the general law continues to apply ......we do not think that the provisions of the act enabled (the act has been repealed) a trespasser to impose himself as a tenant on the landlord by means of adverse possession of the holding as against the tenant for a period .....
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