Court : Madhya Pradesh
Reported in : 2001ACJ1420
..... in case of ved prakash garg v. premi devi, 1998 acj 1 (sc).8. having heard the learned counsel for parties and on perusal of the record, it emerged that from the unrebutted testimony of appellant-claimant, it is proved that in the alleged accident he sustained grievous injury on his right leg due to the fracture of femur ..... his earning capacity as driver and not on the basis of physical disability as certified by the doctor.9. this court in case of shankarlal v. general manager, central railway, bombay v.t., 1990 acj 1028 (mp), considering the point in dispute has held that:for a claim of non-scheduled injury not specified in schedule i vide clause ..... to be accepted. in view of the terms and conditions of the policy, the insurance company cannot be held liable to pay the penalty for the default committed by the insured in depositing the compensation in compliance with the provisions of the workmen's compensation act.14. in the result, the appeal is partly allowed and the compensation in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP35
..... of the collectorate. the notification under section 4 was duly published at conspicuous places in the neighbourhood of the fields in question apart from the village and' railway station. the endorsement reads as below:--jheku~ thlgk;d lapkyd m|ksx fohkkx lkxj ds vkns'kkuqlkjbl uksfvl dh rkehyh uhps fy[ks lfkkuksa ij dh xbza%& ..... was mala fide in any manner. the selection of the suitable area is within the discretion of the state government, the area in question is adjacent to railway station ishra-wara on bina-katni main line and sagar-bina main road. there is adequate supply of water and power in the vicinity of the area. ..... companies. the learned counsel for the petitioners has also urged that the course of holding enquiry under section 5a and the opportunity of hearing objections has been avoided mala fide. there was no material before the state government for forming an opinion that the provisions of section 17(1) of the land acquisition act were applicable and as such, due to emergent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT352; 2007(3)MPLJ74
..... . lalchand jaiswal reported in 2000(2) mplj 288 that it is mandatory to serve notice under section401(1) of the act prior to filing of the suit. there is no provision in the act that in case of emergency and where an injunction is sought a suit could be filed without serving a notice under sub-section (1). there is no ..... court as referred as in para 7. learned counsel for the appellant has placed reliance on a division bench decision of this court in union of india v. imperial tobacco company 1959 jlj 718 : 1959 mplj 749, and has contended that in that case notice was given to union of india through general manager of the ..... railways. however, the notice was required to be sent to the general manager of a particular railway. the division bench in para 7 further held that it was under the impression because under section 79, civil procedure code the suit was required .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ1104
..... so. in order to appreciate the whole controversy, it will be proper to refer section 69(1) of the motor vehicles act, 1988, which reads as under :-'69. general provision as to applications for permits. - (1) every application for a permit shall be made to the regional transport authority of the region in which it is proposed to use the ..... m.p. motor vehicles rule 48 (scp) under rule 73(1)(a) of the rules, 1994, deals with 'details of reserve stage carriage, permitted to operate, in case of emergency or any contingency raised due to the break-down of regular vehicle or otherwise to maintain the service of regular permit.all these are regulatory measures for the smooth operation ..... under the regular permit held by the petitioner in question. the petitioner is being deprived to use his other bus in the case of break down or in any other emergency to replace the bus which may be entered in the permit. in this way, the said rule deprives the petitioner to do his trade freely. the restrictions so .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ814
..... the respondent no. 2, by a resolution . dated 30-3-1990, changed this arrangement, which was challenged by the petitioner before the prescribed authority (the collector) under the provisions of the m. p. panchayat act 1981 (for short, the 'act'), which was suspended by the prescribed authority by order dated 28-4-1990 (annexure p/2); the ..... the tolls of any public ferry should normally be by public auction subject to the approval of the commissioner or the chief engineer. but in case of some emergency or for special reasons, the government might take the case out of the general rule of settlement by public auction. what is required under section 8 is that ..... district board, ballia, air 1958 all. 464, wherein the dispute was with respect to the recovery of arrears from a lessee, the learned judge after referring to the provisions of sections 6, 7, 7a, 8 and 9, in para 11 observed that the act contemplates different arrangements for the management of public ferries. a district magistrate may .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP214
..... light of other two serious situations which precede these expressions namely, 'external aggression' and 'internal disturbance.' the very fact that the provisions in article 356 is included in part xviii as an emergency provision, even though it has no relation to emergency of the kind dealt in article 352, would lead to the conclusion that the situation contemplated in article 356 is not one ..... of mere irregularity or difficulty; but the one in the nature of emergency 'break-down of the constitutional machinery', which calls for an .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP74; 1977MPLJ74
..... 41 com cas 890. in that case, 3 writ petitions were filed by 3 chit fund companies for the issue of a writ of mandamus restraining the reserve bank of india from enforcing the provisions of the non-banking financial companies (reserve bank) directions, 1966. after setting out the scheme of working of chits in para ..... 19. the present petitioners have specifically stated that they are not seeking shelter under article 19, as they cannot, its operation being suspended during the current emergency. these observations do not apply to any other article, this their lordships have made clear in the same paragraph 35:--'the position may be different when ..... , which was specifically attacked at the hearing, enacts:--'where any newspaper or other publication contains any money circulation scheme promoted or conducted in contravention of the provisions of this act or any advertisement in relation thereto, the state government may, by notification declare every copy of the newspaper and every copy of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(142)ELT529(MP)
..... v. j.k. cigarettes reported in 1996 (84) e.l.t. 412 (s.c). he submitted further that in view of the provisions of section 22(1) of the sick industrial companies (special provisions) act, 1985, the duress, issued for the purpose of collection of revenue by the central excise department cannot be stayed. he submitted that the ..... learned judge has done the same and, therefore, the said judgments and order need to be set aside by allowing these appeals.3. shri chaphekar pointed out the provisions of ..... the supreme court keeping in view the consent rendered by the litigating parties. the facts were different. in the present matter the learned judge has pointed out the provisions of section 22(1) of the sica which need to be quoted for the purpose of better understanding of the matter. section 22(1) of sica provides .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(2)MPHT39; 2005(1)MPLJ118
..... judge (fast track court), gwalior by which petitioner has been directed to pay the proper stamp duty on the document (annexure p-2), an agreement for sale in accordance with provisions of article 23 to schedule i of the indian stamp act, 1899. it is the case of the petitioner that the aforesaid direction given for affixing the stamp duty on ..... perusal of the record, it is seen that a bench of this court in the case of gyan singh yadav (supra) in paragraph 17 has clearly laid down that the provisions contained in article 23 of schedule i-a has been made applicable in the state of madhya pradesh with effect from 15-10-1990, the date seems to be incorrectly .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP53
..... a ground was taken in the grounds of appeal or not or as to whether the change in law, i.e. regarding the enactment of the sick industrial companies (special provisions) act, 1985, was brought to the notice of the appellate court. a reading of the objections and section 22 of the act (reproduced in the earlier) ..... , therefore, bank guarantees cannot be invoked may also be examined.21. the enactment on which reliance is being placed in this regard is sick industrial companies (special provisions) act, 1985. the company is said to have been declared sick within the meaning of section 3(1)(o) and section 17(3) of the act. it is further ..... not be governed by the guarantee; (v) that the unit in question has been declared as a sick unit and, therefore, in view of the provisions contained in the sick industrial companies (special provisions) act, 1985, the bank cannot invoke the bank guarantees. 9. before dealing with the various arguments raised by the learned counsel appearing for the appellant .....
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