Court : Madhya Pradesh
Reported in : 2004(165)ELT4(MP)
..... products asking them to produce agreement entered by m/s. procter & gamble india regarding divesting of business to m/s. procter & gamble home products, information about corporate owners of share capital, details of their management etc. m/s. procter & gamble home products has not responded till date to the said summons. it is ..... filing appeal, duty adjudged without jurisdiction will have to be deposited. petitioner will have to comply with the condition. section 35f of the central excise and customs act requires deposit of duty and penalty. section 35f is quoted below :'35f. deposit, pending appeal, of duty demanded or penalty levied. -where in any appeal ..... & central excise, have been challenged directly in writ petitions on the ground that the appeal provided under section 25f of the central excise and customs act before the appellate tribunal is an onerous remedy because before filing appeal, duty adjudged without jurisdiction will have to be deposited. the orders are challenged on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(4)MPHT441; 2002(3)MPLJ552
..... 5 ors., on 18-3-1986 found the appellant guilty under section 302 of the indian penal code ('code' for short) and sentenced him to undergo imprisonment for life. aggrieved thereby this appeal was filed. 2. as per prosecution, deceased ramcharan son of nandu kushtha was an employee of padamchand in his ration shop. four or five ..... damaged. excessive bleeding and injury to internal organs had caused syncope and consequent death. the appellant had a motive also to do away with the deceased, thus, his act was intentional. in these facts, the findings of guilt recorded by trial court below is hereby confirmed. 26. the learned trial court has awarded the lesser penalty ..... well established that fir is not a substantive evidence. it can be used either for corroboration under section 157 or for contradiction under section 145 of the evidence act of the reporter, it can only be used as substantial evidence when the reporter is dead and it amounts to his dying declaration within the meaning of section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT1
..... given to one state shall not be given to other state, is therefore, totally inconceivable. it has been held by the supreme court in british india general insurance company limited v. capt. itwar singh (air 1959 sc 1331) that the rules of interpretation do not permit us to add words unless the section as it ..... anything contained in any law for the time being in force, every commission, authority, tribunal, university, board or any other body constituted under a central act, slate act or provincial act and having jurisdiction over the existing state of madhya pradesh shall on and from the appointed day continue to function in the successor state of madhya pradesh ..... redressal of the grievances of the government servants would, therefore, be affected adversely which would infringe the right of life under article 21 of the constitution. even if, the provisions of section 74 of the act of 2000 apply to the tribunal, the successor state of madhya pradesh has no option but to continue the tribunal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2003)ACC290; 2003ACJ1956; 2002(4)MPHT460; 2002(4)MPLJ53
..... village lakhanwara of seoni district. the said bus was being driven rashly and negligently by its driver, respondent no. 1. the bus is owned by the respondent no. 2 and insured with the respondent no. 3. because of the accident, the claimant sustained three major fractures on his right leg. consequently, he suffered enormous pain and incurred heavy expenses on travelling ..... have travelled from place to place without engaging someone to look after him. he must have spent on attendant. this kind of injury to the claimant at this stage of life is going to cause him further problems in future. under similar circumstances, a division bench of this court in jaypal v. mehfooz khan and two ors. (supra) awarded a compensation .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ2140; 2002(4)MPHT535; 2002(3)MPLJ607
..... thereof. evidence also establishes taking place of the accident due to rash and negligent driving of the truck by namo narayan, driver of rajeev kumar khera and insured with oriental insurance co. ltd. the dispute is with regard to determination of compensation. 8. shri a.k. jain, learned counsel for claimants submits that claims tribunal ..... under various heads like future prospects of earning, mental loss, mental shock etc. 4. owner and driver remained absent. they were proceeded ex-parte, while insurance company denied the claim and alleged that business administration course in jabalpur is not affiliated with the new port university of california (u.s.a.); future of ..... looking to all the ponderables and imponderables of human life, it would be just and proper to award lump sum compensation of rs. 3,00,000.00 (rs. three lacs) to the claimants 1 and 2, parents of the deceased. since the vehicle was insured with the oriental insurance co. ltd., the liability to pay compensation shall .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP136
..... of the judgment reads as under :'the scheme of the aforesaid sections makes it abundantly clear that the entire executive power for the purpose of the municipal corporation act vests in the commissioner. his functions and duties are statutorily prescribed. his appointment is also to be made by the central government by notification in the ..... , in 1978, under the provisions of section 423 of the municipal corporation act, the administrator of the city of jabalpur while acting as municipal corporation, jabalpur made 'municipal corporation jabalpur pashu (niyantran) adesh 1978' in exercise of the powers conferred by section 4 of the act no. 21 of 1976 read with orders of the state government in ..... 97. an endeavour was made to impress upon the court that the act of the standing committee stood rectified by the corporation. the respondent's say that supply of pure drinking water under chapter 16 of the m.p, municipal corporation act 1956 is a statutory duty and place reliance on the decision of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP266; 2002(4)MPLJ110
..... apex court observed that: 'each incident of sexual harassment of woman at workplace results in violation of fundamental rights of 'gender equality' and the 'right to life and liberty.' 16. we have referred to the aforesaid decisions only to show that preferential treatment has to be given to women and injustice on the ground ..... inasmuch as it is founded on the backdrop of unreasonableness, arbi-trariness and irrationality. the learned counsel has also pointed out that there has been inconsistency between the act and bye-laws and, therefore, the amendment is unsustainable. 7-a. mr. upadhyay, learned counsel for the respondent no. 4. in defence of the ..... it is setforth that a complaint was made by the general secretary of the petitioner-society to the conciliation officer under the provisions of the industrial disputes act, 1947 for intervention. various aspects have been highlighted what ensued and how the authorities tried to intervene and how despite their sanguine intervention the mandi in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... by comparing or contrasting that entry with any other in the same list.'108. in this context we may also note that in the case of ganga sugar corporation limited v. state of u.p. and ors., air 1980 sc 286, wherein the apex court held the power of states to impose purchase tax on sugarcane ..... attend to this stand point to some extent 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 ..... different direction bind wisemen. a man's purposeful living has been eulogized in many rhetorics. in apasthambha dharmsutram it has been mandated that householder must enjoy only those pleasures of life which arc not opposed to moral merit. in vamanpurana accentuation is on 'dama' (restraining from sense of appetite); 'sama' (composure of mind); 'dana' (charity); akarpanya (generosity) and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
..... right enshrined under article 21 of the constitution qua teachers. in this context we may profitably refer to the decision rendered in the case of delhi transport corporation v. d.t.c. mazdoor congress and ors., air 1991 sc 101, wherein it has been held as under:--'259. it is well settled constitutional ..... when these actions are subjected to judicial scrutiny. fundamental rights arc necessary means to develop one's own personality and to carve out one's own life in the manner one likes best, subject to reasonable restrictions imposed in the paramount interest of the society and to a just, fair and reasonable procedure ..... admitted for maintenance grant. the said expenses included establishment pay, dearness allowance and provident fund contribution for admissible staff. thereafter taking stock of certain fact situation, act 20 of 1978 (the madhya pradesh ashashkiya shikshan sanstha adhiniyam, 1978) came into existence for regulating payment of salaries to teachers and other employees of non .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ1349; 2001(4)MPHT496
..... it was held that:'there are certain common law duties as well as the duties imposed under the statute. the supreme court in union of india v. united india insurance co. ltd., air 1998 sc 640, has held that the claimants are entitled to sue for breach of common law duty or statutory duty. the railway carries an ..... of the train which occasions injury to a passenger is prima facie evidence of negligence. in such circumstances the railway authorities will have 'to show both that they acted reasonably and properly in suddenly stopping the train, and also that the cause which led to the necessity of stopping the train was not brought about by any negligence ..... so great a distance and the plea of contributory negligence of the claimant, was negatived.there are certain statutory duties enjoined in the rules framed under the indian railways act for the guidance of railway servants with respect to all open lines of railways in india. rule 115 provides that the guard in charge of a train shall .....
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