Court : Madhya Pradesh
Reported in : AIR1957MP114
..... in which the forwarding or receiving station is situated; otherwise the railway company will be freed from responsibility.'under this paragraph, authority is virtually given to the general traffic manager, bombay (now the chief traffic manager) to receive notice of claims under section 77 of the indian railways act. on a similar provision, in g. g. in council v. g. s. ..... that the date from which the period of ax months has to be computed under section 77 is the date' on which the goods were delivered to the railway company for carriage. in this view, the notice of claim in respect of naoli consignment must be held to be delayed by two days.the notice could not, ..... authorised by either the manager or the railway administration to receive the notice of claims.13. in the notice to consignors printed on the railway receipt, exhibit d-l, and also on the other railway receipt, exhibit d-5, paragraph 4 is in these terms :''that all claims against the railway company for loss or damage to goods must .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP276
..... from which it suffered. 15. the lower court has taken the view that this is a case of short delivery and not loss and therefore, the provisions of section 77 of the railways act are not attracted. there is a divergence of judicial opinion on the meaning and scope of the word 'loss' in the expression loss, destruction ..... reply ex. p-29 dated 31-5-1948 is merely an intimation that the claim would be dealt with by the other railway administration, presumably under some arrangement between the two railway administrations. 18. the position which emerges is this. the consignment was delivered for carriage on 7-9-1947, the notice of claim under section 77 dated 4-5 ..... -1948 (ex. 1-d-14) was sent to the s. s. light railway more than six months later. therefore, the claim for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP59; 1974MPLJ1
..... scheme of the act may be recapitulated. section 10 deals with classification of societies. chapter ii of the act deals with registration. chapter iii contains provisions for eligibility for membership and also rights, liabilities and privileges of members. section 19 enumerates the persons who may become members. section 24 provides for ..... be read with the meaning ascribed to it in section 3(42) of the general clauses act which reads as follows:-- ''person' shall include any company or association or body of individuals, whether incorporated or not.'there is nothing to show that this inclusive definition will be repugnant to the context of section ..... pooling their resources and working together by mutual benefit, the members can convert their weakness into strength. (4) no profit motive,-- unlike the general stock companies, which are formed for earning profits for the shareholders, a co-operative society is organised to enable the members to improve their economic conditions by helping .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP193; 1974MPLJ329
..... parties. the learned single judge, however, held that as that letter introduced a definite variation inthe terms of the compromise, it was not admissible in view of the provisions of proviso (4) to section 92 of the indian evidence act. the learned judge also overruled the contention of the appellant that the respondents were estopped from challenging the ..... promise to waive, suspend, or vary his strict legal rights, the promisor may be estopped from acting inconsistently with the promise which he has made. in hughes v. metropolitan railway co., (1877) 2 app cas 439), lord cairns described the principle as follows:--'it is the first, principle upon which all courts of equity proceed, that if parties ..... the learned single judge in this behalf and further contended that the letter ex. p-1, apart from the provisions of proviso 4 to s. 92 of the evidence act, could not be acted upon in view of the provisions of sections 49 and 50 of the registration act. now, it is necessary to bear in mind that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP73
..... 849 and state of u. p. v. manbodhan lal, (s) air 1957 sc 912 on matters which should be considered in determining whether a provision is directory or mandatory. reference was also made to montreal street railway company v. normandin, air 1917 pc 142 to emphasize the point that the real object of section 11(2) would not be defeated on the construction ..... while referring to the canadian case rex v. mc crae, 16 kb 103. the decision of the privy council in montreal street railway company's case air 1917 pc 142 is not an authority for the proposition that a statutory provision prescribing in a mandatory language qualifications for an appointment can be treated as merely directory on considerations of convenience and justice. here .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)ILLJ358MP; 2000(1)MPLJ26
..... ' means - (i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dispute concerning (a dock labour ..... 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 ..... the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3a of the coal mines provident funds and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b respectively, of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP101; 2004(1)MPLJ38
..... holding who has acquired the right to collect tendu leaves grown on such holding shall be deemed to have purchased such leaves in contravention of the provisions of this act.(2) notwithstanding anything contained in sub-section (1),--(a) a grower of tendu leaves may transport his leaves from any place within ..... 16 prescribe for seizure of property liable to confiscation and proceeding therefor and for other matters thereunder including jurisdiction, penalty and confiscation. section 20 prescribes that provisions of indian forest act, 1927, not to apply to the tendu leaves for the purposes covered under the act.2a. the state legislature has also enacted ..... so purchased in accordance with the conditions and restrictions imposed by the respective statutory provisions. maharashtra government had issued a tender notice for disposal of tendu leave on 5-12-1989 for 1990 season. the petitioner no. 1 company got registered as manufacturer of bidis and submitted tender. petitioner no. 1 was appointed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP117; 2004(1)MPLJ285
..... area, village, block. district or the region and to maintain basic valuation register for levy of stamp duty for registration of an instrument, etc. no other statutory provision or rule having statutory force has been brought to our notice in support thereof. whether an instrument is liable for higher stamp duty on the basis of valuation maintained ..... comparable sales of the ad- joining areas and has erred in making the valuation on the basis of index maintained for the entire civil lines area and near railway station, jabalpur area. the board of revenue has referred the sale deed dated 15th june, 1999 executed by m.p. housing board for the land situated in ..... completely damaged, the house is situated in sublane, in a residential area, there are no means conveyance available and the house is three kms. away from the railway station and six kms. away from bus stand, the spot inspection report of collector of stamps has been taken into consideration in which the existing condition of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990ACJ299; AIR1990MP87; 1989MPLJ690
..... insurance and the terms of the policy, the liability of the insurance co. was unlimited. that being so, in the face of the provisions contained in section 95(2) of the act, the liability of the insurance company cannot extend beyond rs. 50,000/-. this was so held by the supreme court in british indian general insurance co. ltd. v. ..... , the division bench made reference to and applied the dictum in davies v. powell duffrin associated collieries ltd. (1942) i all er 657 and nance v. british columbia electric railway co. ltd. (1951) 2 all er 448. reference has also been made to the decision of the supreme court in gobald motor service v. veluswami, air 1962 sc i ..... in miscellaneous appeal no. 49 of 1981), the insurance company was also made liable for compensation.3. separate set of written statements were filed. the stand on behalf of the driver and the owner of the dumper had been that it is the deceased who emerged from a side road on the cycle driving it negligently and unmindful of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT364; 2006(1)MPLJ178
..... or finally by becoming a hermit or ascetic. in the present case, the appellant is an employee of railway and has not incurred the disqualification under the said provision.10. section 13 of the said act prescribes the appointment or declaration of any person as guardian of hindu ..... if the court is of the opinion, the guardianship will not be for the welfare of the minor. little more and definitely more exhaustive provisions are made in section 17 of guardians and wards act, which is reproduced below :--'17. matters to be considered by the court in appointing ..... roshani has a natural affection for his daughter. in the instant case he had to part with the company of his minor daughter on account of the death of his wife during infancy of his daughter. where the father had to part with ..... the company of the child since her infancy on account of death of his wife and the child was looked after by her .....
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