Court : Madhya Pradesh
Reported in : (1985)ILLJ272MP
..... contained in the arbitration agreement and to any statutory direction as to the manner in which he has to discharge his duties, an arbitrator may conduct any proceedings in any manner he thinks fit so long as he acts in accordance with the principles of natural justice, equity and good conscience. ..... 542 that the provision contained in section 17(1) of the industrial disputes act, 1947 regarding publication of award within 30 days is directory and if the publication is beyond the fixed time, the ..... chandrashekhar air 1951 nag 198 has held as under:for the making of an award, it is enough that the arbitrators act together and finally make up their minds and express ..... edition, at page 234 has observed that on a reference to more than one arbitrator, when there is no provision for an award made by less than all being valid, each of them must act personally in performance of the duties of his office, as if he were sole arbitrator; for, as the office is joint, if one refuses or omits to act, the others can make no valid award. ..... under section 10a of the industrial disputes act there can be voluntary reference of disputes to arbitration where any industrial dispute exists or apprehended by written agreement entered into by the ..... agreement is published as required under section 10a(3), the arbitration proceedings would be vitiated and the disputes referred are matters pertaining to the jurisdiction of the labour court under the act and the agreement is contrary to the provisions of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(29)PTC254(MP)
..... similarly whenever and wherever a person commits breach of a registered trade mark of another he commits a recurring act of breach of infringement of such trade mark giving a recurring and fresh cause of action at each time of such infringement to the party aggrieved.'9. ..... wherever and whenever fresh deceitful act is committed the person deceived would naturally have a fresh cause of action in his favour. ..... air (38) 1951 nagpur 16. ..... thus, every time when a person passes off his goods as those of another he commits the act of such deceit. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1989)ACC187; 1990ACJ158
..... the claimant has come before this court under section 110-d of the act, aggrieved of the dismissal of the application as barred as well as the quantum of compensation so awarded. ..... an application under section 110-a of the motor vehicles act, 1939 (for short 'the act') was filed through her father, the natural guardian, on 9.7.1980. ..... jwalesh-wari pratap narain singh air 1951 sc 120]. ..... nothing has been pointed out to disbelieve these witnesses, who proved the rash and negligent act of the driver. ..... the insurance company ought to have produced the policy and the record for doing justice being an instrumentality of state, it has to act fairly. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ777
..... counsel for the petitioner strenuously submitted that the indian oil corporation is a state within the meaning of article 12 of the constitution of india and it is expected to act reasonably and any action done which does not conform to the test of reasonableness, the court would be justified to look into the grievance made by the petitioner.10. ..... , under a contract of service' (national insurance acts, 1946 (c.67) section l(2)(a) and 1965 (c) 51, section 1(2) (a). ..... minister of national insurance, 1951 1 k. b. ..... 'self employed persons' (national insurance act, 1965 (c. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1962]44ITR237(MP)
..... it provides :'where the total income of an assessee chargeable to tax for the assessment for the year ending on the 31st day of march, 1951, includes any income from dividends paid by a company registered in a state in which there was no state law relating to the charge of income-tax and super-tax and the dividend is paid out of ..... b states (taxation concessions) order, 1950, made by the central government in exercise of its power under section 60a of the indian income-tax act granted certain concessions in respect of taxation of income accruing or arising in any part b state. ..... net dividend paid out of the profits which have been taxed in the taxable territories other than a part b state may be grossed up under section 16 (2) of the act before its inclusion in the assessees total income. ..... - this is a reference under section 66 (1) of the income-tax act and the question raised by the appellate tribunal, bombay, is whether the concession granted under paragraph 12 of the part b states (taxation concessions) order, 1950, applies also in respect of super-tax.the facts ..... of 'taxable territories' was amended in 1950, income which accrued or was received by a resident in any of the indian states was not subject to any tax under the indian income-tax act which was not in force in those states. ..... received by the assessee here in the previous year 1949-50 was thus under the provisions of the act itself liable to income-tax and super-tax at the rates prescribed by the relevant finance act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1989)ACC514
..... any liability incurred in respect of any one accident up to the following limits, namely,(a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923) in respect of the death of, or bodily injury to, employees (other than the driver) not exceeding six in number being carried in the vehicle.although the oriental fire and general insurance co ..... this attack as to the tenability of the claim petition is based upon section 110-aa of the motor vehicles act which provides that notwithstanding anything contained in the workmen's compensation act, 1923, where the death of or bodily injury to any person gives rise to a claim for compensation under the motor vehicles act and also under the workmen's compensation act, the person entitled to compensation may, without prejudice to the provisions of chapter vii-a claim such compensation under ..... the tribunal also did not care to get the policy of insurance produced either from the owners or the insurer of the vehicle, although section 110 b of the act casts a mandatory duty upon the claims tribunal to specify the amount, which shall be paid by the insurer ..... state of orissa : [1975]2scr138 , pointed out that in order to be taken out of the definition of 'motor vehicle' contained in section 2 (18) of the act, the vehicle should be shown to be a special type adapted for use only in a factory or in any enclosed premises ..... (1951) 2 all er 448 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : IV(2006)ACC114; 2007ACJ2840
..... according to the insurance company, they have obtained the requisite permission as contemplated under section 170 of the motor vehicles act from the tribunal for contesting the case on merits on all the defences available to owner and driver who were ex parte before claims tribunal and that they actually contested the case by ..... except where there is express statutory direction to the contrary, the damages to be awarded to a dependant of a deceased person under the fatal accidents acts must take into account any pecuniary benefit accruing to that dependant in consequence of the death of deceased. ..... it is, therefore, contended that company has a right to file an appeal under section 173 of the act and question the correctness of the impugned award insofar as it relates to determination of the quantum of compensation awarded to ..... it is due to the scheme of the income tax act, the income of minor children is required to be clubbed in the hands of minor's father which in turn obliges the ..... 3) under section 173 of the motor vehicles act, against an award dated 6.5.2005 passed by learned member, motor accidents claims tribunal, indore in claim ..... 4) under the provisions of the motor vehicles act, seeking compensation for his death. ..... and on the other, any pecuniary advantage which from whatever source comes to him by reason of the death.these words of lord wright were adopted as the principle applicable also under the indian act in gobald motor service ltd. v. r.m.k. ..... (1951) ac 601 and (iii) .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ692
..... the charges which were framed against the accused show that the common object of the assembly was to release tiwari, who was externed under the public safety act, but at the stage of evidence, the real common object appears to have been lost sight of and it was stated that the processionists took out a procession in protest against the order of the government and were ..... the facts of the prosecution story are that the district magistrate, bhopal, had banned the holding of meetings and taking out of processions under section 15, bhopal public safety act, and yet in contravention of the order passed by the district magistrate, the three accused, along with others, took out a procession on 21.12.1948, and were about to hold a meeting. ..... in the first branch of section 149 we should hare an offence committed by a member of an unlawful assembly engaged in prosecuting the common object and acting with the purpose of executing such object the commission of which offence executed or tended to execute a common object. ..... this is an appeal against the conviction of the appellants under section 21, bhopal public safety act, and sections 147, 332 and 333, penal code read with section 149 of the code, by the addl. ..... by 'direct evidence', i mean the evidence of a person who has actually seen the person doing the act complained of by 'indirect evidence' i mean the evidence not against a but against b. ..... 45 of 1951, and this judgment will decide his case also.2. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP79
..... bansilal abirchand firm nagpur air 1945 nag 53 to seek to add the widow and daughters as parties within three years from the date of death of the deceased under article 181 of the limitation act and the rule of limitation regarding 90 days was inapplicable still in the present case the appellant did not bring on record the legal representatives even within three years although the fact that they ..... although in that case an application to that effect was made within three years as the appeal continued to be pending and the contention of applicability of article 181 of the limitation act was raised on behalf of the remaining respondents and that contention was repelled by referring to article 181 of the limitation act yet the principle which seems to have been approved is that of substantial representation of the estate due to bringing on record some of the legal representatives bona fide ..... anant singh air 1945 oudh 196 it was held that where an application for bringing the legal representatives of the deceased respondent was made within the period prescribed by article 177 of the limitation act, the mere fact that the list of legal representatives mentioned in the application was not exhaustive would not operate to abate the appeal against the deceased respondent. ..... during the pendency of the appeal preferred by ranchhodlal, manager, acting as the next friend of the idol madanmohan, one of the respondents shrikrishnaji mundhra died on 3-12- ..... ramgopal bhulal, air 1951 nag 434 munnalal v .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1956CriLJ1327
..... and if the master is not present at the time nor has he knowledge of the supply of the pertol by the servants to the bogus customer, it was held that the master was not vicariously liable for the act of the servant.it was laid down that in order to determine whether mense rea is an essential element of an offence, it is necessary to look at the object and terms of the statute which creates it. ..... the courts are not at all concerned with the legality or, otherwise of the rights under which the accused purported to act.the only question that the courts have to decide in such cases is, whether the claim of right was honestly and bona fide held by the accused ..... of offences created by regulations and orders independent of guilty intention that it is desirable to emphasize that such cases should be regarded as exceptions to the rule that a person cannot be convicted of a crime unless he has not only committed a forbidden act or default but also that wrongful intention or blameworthy condition of mind can be imputed to him.8. ..... no doubt the legislature can create offences which consist solely in doing an act whatever the intention or state of mind of the actor may be common instances are provided by many of the offences created by the defence ..... important question to be determined by the court in such cases always is: whether the accused acted honestly; and the other question whether he acted reasonably or not, will not be the deciding feature. ..... inyang' (1951) 2 kb 799 (k), lord goddard c.j .....
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