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 : 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 : 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 : 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 : 2001(5)MPHT15
..... the petitioners and shri v.k. tankha, advocate general with shri s.k. seth, dy. a.g. for the state government. m.p. state road transport corporation has intervened in the matter represented by shri ravindra shrivastava, advocate with shri prem francis, advocate.11. the submission raised by the learned counsel for the petitioners before ..... by the state government, produce-- (a) the certificate of registration;(b) the token in evidence of the payment of tax ; and(c) the certificate of insurance relating to the use of the vehicle and shall keep such vehicle stationary for such time as may be required by such authority or officer to satisfy himself ..... to be adjudication for confiscation, which is provided, by an order of magistrate as apparent, from the conjoint reading of sections 39, 50 and 51 of wild life protection act. thus, the case of madhukar rao (supra) is totally distinguishable. it is true that merely by seizure property cannot stand automatically forfeited to state government. there .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT151
..... mishra, learned counsel for the non-applicant that the non-applicant though is a teacher in municipal corporation, nagpur, he will be covered within the ambit of section 23-j of the act inasmuch as a municipal corporation is a statutory corporation. in support of his contention he has placed reliance on the division bench decision of this court ..... definition of the term 'landlord' as defined under section 23-j of the m.p. accommodation control act, 1961. on a perusal of the aforesaid decision it is plain as noon day that the municipality or municipal corporation is a local authority and an independent entity separate from government and by no stretch of imagination it ..... non-applicant is not a landlord as defined under section 23-j of the act and, therefore, the application under section 23-a of the act is not maintainable. his further submission is that the non-applicant is a teacher in the nagpur municipal corporation and, therefore, he is not covered in the category as mentioned under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT175
..... no. 89/91 whereby the appellants were convicted for offences under sections 302/34, 324/34 and 323 read with section 34 i.p.c. and sentenced to life imprisonment and to pay fine of rs. 3,000/-, in default of payment of fine 3 years r.i. each under section 302/34, ipc and to pay ..... which chandersingh (p.w. 2), surajsingh, amarsingh, balusingh and the accused persons roopsingh and suratsingh sustained injuries. under these circumstances, each accused is responsible for his own act.19. now the question is as to what offence was made out against narayansingh. from the evidence of chandersingh it is clear that narayansingh gave only one farsi-blow ..... free fight between complainant party and the accused party and where free fight takes place, accused can be convicted for his individual acts only and not on the basis of constructive criminal liability for the acts of others. the learned trial judge minutely examined the prosecution evidence and concluded that it was not proved that there was unlawful .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(128)ELT330(MP)
..... by the appellants/union of india was baseless and arbitrary. the learned counsel has also placed reliance on the decision rendered in the case of whirlpool corporation v. registrar of trade marks, mumbai and ors., air 1999 sc 22. the learned senior counsel has submitted that the decision quoted in the case ..... consent, directly or indirectly own, manage, operate, join have an interest in, control or participate in the ownership connected in any manner with, any body corporate, partnership, proprietorship, trust estate, association or other business entity which directly or indirectly engages as a commercial activity in india. the agreement further stipulates pghp ..... assessment under andhra pradesh general sales act should be tested under the relevant act and the assessee should not be allowed to file application under section 20 of the act seeking revision of assessment orders passed by the original authority. in the case of shyam kishore v. municipal corporation of delhi, air :.992 sc .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT331
..... has tried to treat the woman as a commodity of sexual pleasure. it is a case where the prosecutrix who was young, had suffered a permanent scar for her entire life, from which she would not be able to come out. the offence of rape even destroyed the very personality of a girl of tender age. incident took place in the .....
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