Court : Madhya Pradesh
Reported in : (1979)IILLJ401MP; 1979MPLJ561
..... india limited was a company with limited liability constituted and incorporated under the companies act, 1882. by the banking companies (acquisition and transfer of undertakings) act, 1970, the existing banks, including the bank of india ltd., specified in column 1 of the first schedule were nationalised. section 3 of the act constituted corresponding new banks as specified in column 2 of the first schedule. by ..... section 4 of the act, the undertaking of every existing bank stood transferred to and vested in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ648; 2000(3)MPLJ561
..... the procedure prescribed under the code of civil procedure in that regard. it is obviously an essential attribute of the claims tribunal that it acts judicially and exercises civil jurisdiction in deciding the claims relating to civil wrongs and civil liability of tortfeasors and liability also of insurers arising ..... pradesh rajya parivahan nigam 1990 acj 862 (mp), wherein the question was whether the claims tribunal passing an award under the provisions of the act for compensation to claimants for death or injuries lacks jurisdiction to enforce its award adopting the procedure provided under the code of civil procedure, ..... said that the claims tribunals are constituted under a special act, which provides for licensing of drivers of motor vehicles, licensing of conductors of stage carriages, registration of motor vehicles, control of the transport vehicles, special provisions relating to the state transport undertakings, construction equipment and maintenance of motor vehicles; control .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP168; 1999(2)MPLJ122
..... of a tribunal to arbitrate the disputes to which the state government or a public undertaking is a party and for the matters incidentally thereto or connected therewith. later on, by amendment by act no. 9 of 1990 the public undertaking was qualified by adding wholly or substantially owned or controlled by the state government. thus ..... arrived at the conclusion that the proceedings initiated before the civil court for appointment of arbitrator under section 20 and section 8 of the indian arbitration act prior to commencement of the adhiniyam were not saved under section 20(2) of the adhiniyam; and the tribunal has jurisdiction to adjudicate the controversy in ..... , the purpose of establishment of the tribunal was for adjudication or resolving of disputes. the term 'disputes' has been defined under sub-section 2(1)(d) of the adhiniyam. the scheme of the act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ1069
..... 25,000 out of rs. 50,000 have already been deposited by the appellant insurance company in the fixed deposit account in favour of the respondent no. 1 in a nationalised bank for a period of two years. in this respect the impugned award is modified to the extent that after expiry of two years of fixed deposit of rs. 25 ..... the respondent no. 1, bhuvnesh pathak, while withdrawing rs. 25,000 (rupees twenty-five thousand), shall furnish a solvent surety to the satisfaction of the claims tribunal with an undertaking that in case, it is ultimately found that the insurance company is not liable for payment of compensation, she shall pay interest at the rate of 6 per cent per ..... from the owner of the vehicle. this could be the only legitimate conclusion to be drawn from the peremptory language of section 92-a of the 1939 act or section 140 of the 1988 act. in view of this matter, it is not disputed before me that there is an insurance of the vehicle. the insurance company, therefore, can raise the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ94; 2001(3)MPLJ554
..... decision in the case of new asiatic insurance co. ltd. v. pessumal dhanamal aswani 1958-65 acj 559 (sc), pointing out that 'the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and the insured, that is, the person who effected the policy, as would ..... offending vehicle being tractor fell within the category of a goods vehicle as contemplated under section 95 of the old act. in the insurance policy issued by the insurer it had been indicated that the insurer was undertaking the liability only in respect of such amount as is necessary to meet the requirements or the motor vehicles ..... it has paid to the third party from the insured. the insurer thus acts as security for the third party with respect to its realising damages for the injuries suffered, but visa-vis the insured, the company does not undertake that liability or undertakes it to a limited extent'.28. this court in its decision rendered by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2009)IVLLJ836MP; 2009(3)MPHT251
..... engineering' would not include public health engineering department, appears to have been influenced mainly by consideration that the specification of industries or undertakings in various entries of the schedule e.g., textile, iron and steel, electrical goods, sugar and its products, rice mills, oil mills, potteries, cement, lime and so on ..... education is not within its scope.19. shri ajay mishra, learned sr. counsel has also relied on the fruit products order, 1955 issued under essential commodities act, 1955. clause 2(a) deals with the fruit products thus:(d) 'fruit products' means any of the following articles, namely:(i) synthetic beverages, ..... and permissible colours etc. food product industries are governed by the provisions of the fruit products order, 1995 made under section 3 of essential commodities act, 1955. petitioner industry holds the licence to produce food products. district trade and industry center has also issued a certificate certiiyuir the products manufactured in .....
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