Court : Madhya Pradesh
Reported in : 2008ACJ1070
..... golden scales. but at the same time it has to be borne in mind that the compensation is not expected to be a windfall for the victim. statutory provisions clearly indicate that the compensation must be 'just' and it cannot be a bonanza; not a source of profit; but the same should not be a pittance ..... against which the claimants have filed this appeal. in the appeal claimants not only prayed for enhancement of the compensation but challenged the finding by which the insurance company has been exonerated.3. mr. m.k. jain, learned counsel for the appellants submitted that the learned tribunal has committed illegality in not awarding proper compensation and ..... actions, the first the multiplier mentioned in davies v. powell duffryn associated collieries ltd. (1942) ac 601 and the second in nance v. british columbia electric railway co. ltd. (1951) ac 601.the multiplier method involves the ascertainment of the loss of dependency or the multiplicand having regard to the circumstances of the case .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(2)MPLJ527; (2007)9VST457(MP)
..... that sub-section (7) of section 45a would be attracted only in relation to the notified goods, then notwithstanding that goods have been seized in violation of the provisions contained in section 45d of the act, the other conditions present in section 45a are first required to be satisfied before proceeding to take any action thereunder.9. ..... in writ petition nos. 929, 930, 931, 932, 933 and 934 of 20061 between the same parties.2. according to the petitioner, the petitioner is a registered company, dealing in leasing out equipment and machinery on rental basis. the petitioner contended before the authorities that it purchased earth moving equipments, namely, jcb backhoe loaders, in jaipur ..... of tax under this act, set up or erect in such manner as may be prescribed, check-posts or barriers at such places in the state, excluding railway premises, as may be notified:provided that the commissioner shall not set up a check-post or erect a barrier for a period exceeding six months at time.(2 .....
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 : [2007]290ITR562(MP)
..... of rupees twenty-two lakhs (rs. 22,00,000) and the value of the quantities of the gases already purchased in that year. provided, however, that the provisions of this sub-clause shall become applicable and come into force only from the year commencing from expiry of the 1st eight months of the supplies.23. clause 16 ..... giving rights of earning the future profit the same is to be treated as capital receipt. it was the stand before the tribunal that the singular question that emerged for consideration is whether the agreement in question was a capital asset of the business the tribunal on the basis of the interpretation of the clauses of the ..... producing gases. a separate unit was installed by the assessee mainly for the benefit and supplies to ucil and under these circumstances the compensation received by the assessee company was for giving up the valuable right to ensure the earnings of profit. in this backdrop, the compensation was received by the assessee for the destruction of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)ILLJ36MP
..... .charge no. 5: he purchased excessive quantities of seeds of khak, prospisjelliflora and bamboo for rs. 2. lakhs at higher rate without approval of the competent authority and without budget provisions in violation of commerce and industries department order dated july 30, 1988 and directives of the ccf (d) dated november 30, 1989. the seeds were obtained first and the purchase ..... issued later on.charge no. 6: he ordered purchase of 10 gypsy huts for rs. 4 lakhs without authority and without there being any need for gypsy huts and budget provisions.13. the respondent no. 1 was found guilty and final order was passed as annexure p-11 dated may 27, 2004. he preferred a revision to the secretary, government of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)10VST349(MP)
..... rate less the discount payable to the purchasers. but by clause (16) the purchasers clearly undertook to pay railway freight which was deducted from the invoice made out by the company. by clause (16) the company received the catalogue rate less the railway freight as price of the goods sold. we are unable to agree with the high court that 'the ..... of the parties, firstly, the definition of 'sale price' in cst may be seen. the aforesaid definition is very specific in defining sale price. it makes a provision for due adjustment in respect of discount according to the practice normally prevailing in the trade, though inclusive of any sum charged for anything done by the dealer in ..... but as per definition in section 2(h) of the cst act, the sale price excludes cost of freight or delivery if such cost is separately charged, which position emerges in this matter also, but the apex court in hindustan sugar mills ltd. [1979] 43 stc 13 has clarified the position and the aforesaid law of land has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ74
..... compensation on the ground that no accident had taken place with the use of the truck in question and hence, claim petition was not maintainable under the provisions of the workmen's compensation act.4. the commissioner found that the deceased had sustained injuries on account of the blast while he was changing the tyre ..... was engaged and hence, the accident occurred arising out of and during the course of his employment and, therefore, the employer was liable and thereby the insurance company was also liable. expressing such opinion the commissioner awarded compensation of rs. 4,42,740.5. questioning the soundness and the correctness of the award mr. sanjay ..... the death and the employment. in the said case a group of antisocial elements armed with deadly weapons trespassed the office of stationmaster at the railway station and damaged the railway property and the deceased watchman who was on duty just before the incident had left the office and reached his quarter. on hearing the commotion .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : IV(2006)ACC114; 2007ACJ2840
..... extinguished with that person. great changes were brought about by the english fatal accidents act, 1846 (now fatal accidents act, 1976) and the law reforms (miscellaneous provisions) act. 1934. under the statute, as indeed under the indian statute as well, there are two separate and distinct causes of action, which are maintainable in ..... nos. 1 and 2, i.e., owner and driver remained ex parte whereas the case was contested only by non-applicant no. 3, i.e., insurance company (appellants herein) by filing written statement. parties adduced evidence. as observed supra, tribunal by impugned award, allowed the claim petition filed by the claimants and awarded ..... the learned judges placed reliance on three english decisions, namely: davies v. powell duffryn associated collieries ltd. (1942) ac 601 (ii) nance v. british columbia electric railway co. ltd. (1951) ac 601 and (iii) mallett v. mcmonagle 1969 acj 312 and following the principle laid down in these three english cases held as under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(4)MPLJ403
..... light of the principles laid down by the supreme court in various cases. while considering the scope of judicial review in such matters in the case of indian railway construction company limited v. ajay kumar , supreme court has held as under:13. one of the points that falls for determination is the scope for judicial interference in matters ..... is also empowered in general to, attend to all affairs regarding running of the institutes established by the society.25. it is, therefore, clear from the/aforesaid provisions of the memorandum of association and article of association that the powers of supervision, administration and control of the education institutes established by the society vests with the governing ..... held on 28.4.2001 was the meeting of the governing body of the society. another meeting held on 21.4.97 and 10.10.97 was a emergency meeting and a meeting of the managing committee. even if all the five meetings are construed to be held as per clause 10 then there is no explanation .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006(109)FLR1180]; (2006)IILLJ1027MP; 2006(1)MPHT551; 2006(2)MPLJ289
..... be deemed to be recognised as the representative union for the industry and the local area concerned under section 13 of this act.it will appear from the provisions of section 112 of the act quoted above that the central provinces & berar industrial disputes settlement act, 1947 and the madhya bharat industrial relations (adaptation) ..... and is different from the power of delegated legislation and such power of conditional legislation was not a recurring power and it exhausts itself once the provisions of the act are extended and therefore the central government did not have the power to issue the notification dated 7-12-1957 amending the previous ..... ***(2) *** *** *** *** ***(3) this section and section 112 shall come into force at once and the state government may, by notification, bring all or any of the remaining provisions of this act into force in respect of--(a) any or all industries; or(b) undertakings in any industry wherein the number of employees, on any day, during twelve months .....
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