Court : Madhya Pradesh
Reported in : 2009(2)MPHT402
..... cannot be said to be barred by time. in order to appreciate the said argument, we shall advert ourselves to section 21 of the act which reads thus:21. commencement of arbitral proceedings.- unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence ..... of dispute was demanded was sent by appellant to respondent nos. 1 and 2.--------------------------------------------------------------------------------(6) 30-4-02 application under section 11 of the act was filed by appellant before the district judge.--------------------------------------------------------------------------------12. the factum of giving notices dated 6-8-2001 and 10-1-2002 is not ..... was barred by prescribed period of limitation. the contention of learned senior counsel is that provisions of sections 21 and 43 (2) of the act have not been properly construed by the tribunal as well as by learned district judge. according to learned senior counsel if these two provisions .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(3)MPHT555
..... any expense incurred by him in cutting off and reconnecting the supply, are paid, but no longer.(2) where any difference or dispute which by or under this act is required to be determined by an electrical inspector, has been referred to the inspector before notice as aforesaid has been given by the licensee, the licensee shall not ..... which have been considered in the light of the material on record and the provisions of law governing the situation.5. section 2(c) of (the indian) electricity act, 1910 defines a consumer as under:'consumer' means any person who is supplied with energy by a licensee or the government or by any other person engaged in ..... a sum of rs. 9,36,617/- purporting to be towards electricity dues of sister companies.2. petitioner is a limited company duly registered under the provisions of companies act. it obtained electricity connection from respondent no. 1 and an agreement dated 17-1-1987 (annexure p-l) was duly executed between the petitioner and the electricity board. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP197
..... impossible to effect reconciliation between them.(3) it has to be borne in mind by all the courts all the time that when there are two conflicting provisions in an act, which cannot be reconciled with each other, they should be so interpreted that, if possible, effect should be given to both. this is the essence of the rule ..... . : [1991]3scr500 it has been held as under:11. it is settled principle of interpretation that where there appears to be inconsistency in two section of the same act, the principles of harmomous construction should be followed in avoiding a head on clash. it should not be lightly assumed that what the parliament has given with one hand, ..... one year and if regular services are rendered in primary health centre or community health centre in nagar panchayat area, which has been formed under the 'm. p. municipalities act, 1961' then 04 marks will be given for one year's service.(b) for every year of regular service, additional marks will be given, if the rural area comes .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)IILLJ347MP
..... it. the argument, though appears to be attractive at the first impressions, but on deeper consideration, cannot be accepted. section 18 of the industrial disputes act describes the persons, on whom settlement and awards, are binding. sub-section 3 specifically lays down that a settlement arrived at in the course of conciliation ..... said controversy stands already settled. the order annexure p-16, more or less, was a matter of mere formality, under the provisions of the industrial disputes act. the desirability, or otherwise, of closing the aforesaid seven industrial units, had already been examined by the bifr, aaifr and delhi high court and had ..... some point of time, it started suffering losses. its net worth started eroding.3. the respondent-company, invoked the provisions of sick industrial companies (special provisions) act, 1985 (in short sica). a reference petition was filed before the board; for industrial and financial reconstruction (in short bifr). an order dated august 8, 1996 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000CriLJ3636; 2000(3)MPHT311
..... of mahendrasingh and serious injuries sustained by p.w. sangita. the evidence on record is clinchingly disclosing that all the accused who were present, did overt acts. apart from that, the over all assessment of the evidence on record is sufficient enough to prove beyond reasonable doubt that this assembly started reacting immediately ..... well established that a common intention presupposes prior concert. it requires a prearranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have been done in furtherance of the common intention of them all. accordingly there must have been a prior meeting of minds. several ..... desire and wish of sarnamsingh and his family members. though differences were patched up and two functions which were celebrated, still wound created by the said act of mahendrasingh remained alive and was oozing though it was some what healed. when sarnamsingh, parmalsingh, jitendra and shivraj had come with their associates to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)ILLJ50MP
..... , however, is being, passed in exercise of our jurisdiction under article 142 of the constitution of india keeping in view the principles embodied in section 70 of the contract act.25. recently in punjab water supply & sewerage board v. ranjodh singh and ors. : (2007)2llj1052sc , the apex court expressed the view that no person, who ..... properly applied.14. in uma devi (supra) in para 34 it has been held as under 2006-ii-llj-722 at p. 738:34. ...the high court acting under article 226 of the constitution, should not ordinarily issue directions for absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and in terms of ..... question by the appellants invoking the jurisdiction under section 2(1) of the madhya pradesh uchcha nayaiaya (khand nyaypeeth ko appeal) adhiniyam, 200s (for brevity 'the act').the facts which are essential to be exposited for disposal of the present appeal are that the respondent had preferred m.p. no. 4589/1993 for issue of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT299
..... ), assistant chemical examiner. after completion of investigation, shri rajak filed the complaint against the appellants for commission of offence punishable under section 8/21 of the ndps act.4. the appellants abjured their guilt. according to them, they were falsely implicated by bureau-team. they have not examined any witness in defence, whereas ..... hereinabove.5. learned counsel for the appellant has vehemently argued that there is no compliance of mandatory provision of sections 42 and 50 of the ndps act, therefore, the whole trial would be vitiated and the statement of the prosecution witnesses are contradictory on material particulars like possession of bags by the ..... the opinion of this court, it is not necessary to mention all these details in the report and there is no such provision available in the act and rules made thereunder. from the statement of this witness, the prosecution has established that both the samples were containing narcotic contraband article.17. inspector .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008CriLJ1559
..... in the first information report, statements under section 161, cr. p.c. of the witnesses and memorandum statements recorded under section 27 of the indian evidence act of the co accused persons his name is mentioned. learned trial court also directed the applicant shri kiran lashkarkar to appear personally and submit reply as to ..... the concerned witness in court with his court statement as prescribed under section 162 of the code of criminal procedure read with section 145 of the evidence act. corroboration to court statement cannot be sought from the police statement. learned trial court has committed the same mistake while appreciating the statement of p.w. ..... against him.11. after completion of investigation, the appellants were charge sheeted for the offences under sections 302 and 201 ipc and section 25 of the arms act. in the charge sheet it has been mentioned that shivnarayan was made accused on suspicion and the complainant hemraj had wrongly named him on suspicion. on investigation .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1999)157CTR(MP)391
..... commencement of this ordinance in accordance with the provisions of any of the aforesaid acts. '(emphasis, italicised in print, supplied)7. it is not that issuance of bonds under the ordinance or the scheme is a routine affair with a subscriber making ..... of, and shall be inadmissible as evidence in, any proceedings under any of the said acts.provided that nothing contained in this sub-section shall apply where any proceedings is respect of the gold subscribed by the subscriber have already been initiated before the ..... gold bonds, including the source of money with which the gold was acquired;no inquiry or investigation shall be commenced against any subscriber under any of the said acts on the ground that such subscriber owns the gold bonds; andthe fact that any subscriber owns the gold bonds shall not be taken into account for the purposes .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT529
..... that right to information act came into force in the year 2005. the appellant from the very beginning knew that respondent no. 1 was a government employee and, therefore, he could have apply earlier ..... gave an undertaking that she is residing in a rented premises and paying the rent. the appellant applied for copy of this document under the provisions of right to information act, 2005 on 22-5-2006. he received the copy on 25-5-2006 and filed the application for taking the said document on record. it is not in dispute ..... and possession. the proposed amendment will change the nature of the suit. he submits that earlier suit was filed for ejectment under section 12(1)(a) and (c) of the act and now by the proposed amendment, he is converting this suit to the suit for declaration and permanent injunction which is not permissible under law and prayed for dismissal of .....
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