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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: madhya pradesh Year: 2011 Page 2 of about 18 results (0.056 seconds)

Mar 24 2011 (HC)

Kamal Tamrakar. Vs. Abdul Hakim and ors.

Court : Madhya Pradesh Jabalpur

Decided on : Mar-24-2011

..... are of the considered view, both the tribunal as well as the high court has awarded the compensation on the basis of the second schedule and relevant multiplier under the act. however, we may notice here that as far as non-pecuniary damages are concerned, the tribunal does not award any compensation under the head of non-pecuniary damages. however, in ..... the case of state of haryana v. jasbir kaur ; (2003) 7 scc 484, it is held : "7. it has to be kept in view that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which is to be in the real sense "damages" which in turn appears to ..... 1. there is a delay of 95 days in filing this appeal under section 173 of the motor vehicles act, 1988. i.a. no. 2636/04 is an application whereby the appellant seeks condonation of delay in filing the appeal.2. it is stated in the application that the appellant .....

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Jan 25 2011 (HC)

Sunita Bai. Vs. Manohar.

Court : Madhya Pradesh Jabalpur

Decided on : Jan-25-2011

..... are of the considered view, both the tribunal as well as the high court has awarded the compensation on the basis of the second schedule and relevant multiplier under the act. however, we may notice here that as far as non- pecuniary damages are concerned, the tribunal does not award any compensation under the head of non- pecuniary damages. however, in ..... the case of state of haryana v. jasbir kaur ; (2003) 7 scc 484, it is held : "7. it has to be kept in view that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which is to be in the real sense "damages" which in turn appears to ..... . i.a. no. 7916/09 is an application whereby the appellants seek condonation of delay in filing this appeal under section 173 of ther motor vehicles act, 1988.2. it is contended that there is no deliberate delay on the part of the appellants, who are very much interested in contesting the matter and the delay was .....

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Jan 24 2011 (HC)

Raj Kumar MishrA. Vs. the State of Madhya Pradesh, and ors.

Court : Madhya Pradesh Jabalpur

Decided on : Jan-24-2011

..... are of the considered view, both the tribunal as well as the high court has awarded the compensation on the basis of the second schedule and relevant multiplier under the act. however, we may notice here that as far as non-pecuniary damages are concerned, the tribunal does not award any compensation under the head of non-pecuniary damages. however, in ..... the case of state of haryana v. jasbir kaur ; (2003) 7 scc 484, it is held : "7. it has to be kept in view that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which is to be in the real sense "damages" which in turn appears to ..... 1. there is a delay of 95 days in filing this appeal under section 173 of the motor vehicles act, 1988. i.a. no. 2636/04 is an application whereby the appellant seeks condonation of delay in filing the appeal.2. it is stated in the application that the appellant .....

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Oct 19 2011 (HC)

Gei Industrial Systems Ltd. Vs. Bharat Heavy Electricals Ltd.

Court : Madhya Pradesh

Decided on : Oct-19-2011

Reported in : 2012AIR(MP)44

..... brian dsilva, learned senior advocate appearing for the petitioner, invited my attention to the material available on record and made an oral submission to be effect that the contract was executed in the standard form, which had an arbitration agreement, but the said agreement is not available with the petitioner. learned senior advocate submits that the existence of ..... an order for 12 coolers with the petitioner, to be supplied in two stages to 6 coolers each. the respondent placed the order and time was the essence of contract. the petitioner immediately procured sufficient raw materials for manufacturing 12 coolers, the cost of each ran into crores of rupees. however, by a subsequent communication arbitrarily the number ..... relationship. according to the petitioner, the oil and natural gas corporation (hereinafter referred to as ongc for short),a government of india undertaking, placed certain contract with the respondent, for the purpose of supplying process gas compressor coolers. the respondent, therefore, invited a limited public tender, where the offer of the petitioner was found to ..... . 2. petitioner company claims to be a company incorporated under the companies act having its registered office in 26-a, industrial area, govindpura, bhopal. it is stated that the petitioner is a reputed company involved in heavy engineering works and has executed various contracts even for the respondent. it is stated that the parties are having long standing business .....

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May 18 2011 (TRI)

National Insurance Company Ltd. Vs. Pushpa Singh

Court : Madya Pradesh State Consumer Disputes Redressal Commission SCDRC Bhopal

Decided on : May-18-2011

..... provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorize the use of the vehicle as a contract carriage: provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorize the use of the vehicle ..... of honble apex court referred to above (supra). though two-member bench of this commission, in a similar matter of violation of provisions of m.v. act, 1988 for plying vehicle without valid fitness certificate held repudiation of claim to be valid, however, as company was willing to grant insured amount on an ..... as reflected by exs. d/7, 8 and 9, the insurance company repudiated their liability to pay the damages. 3. section 66 of the motor vehicles act, 1988 provides for necessity for permits and sub-section (1) lays down as under: ??66. necessity for permits ??(1) no owner of a motor vehicle ..... act or some other act. it is not the case of the insurance company that the policy is a statutory policy. it is further stated in para 14: ..... 2007) cpj 347 (nc), observed that the alleged breach of not having the permit was with regard to the provisions of motor vehicles act. therefore, the question would be whether the insurance company can repudiate the claim on the alleged ground of breach of some provisions of the motor vehicles .....

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Apr 18 2011 (HC)

Smt. Mamta Shukla Vs. State of M.P. and Others

Court : Madhya Pradesh

Decided on : Apr-18-2011

..... entitled to such allowances and rate and amount thereof; and proceedings to obtain and payment of such pensions. 22. in its strict sense a pension is not a matter of contract, and is not founded on any legal liability, it is a mere bounty or gratuity springing from the appreciation and consciousness of the sovereign, and it may be given or ..... certain percentage correlated to the emoluments earlier drawn. its payment is dependent upon an additional condition of impeccable behaviour even subsequent to retirement. that is, since the cessation of the contract of service and that it can be reduced or withdrawn as a disciplinary measure. 21. in corpus juris secundum, vol. 70, at p. 423, it is stated that the title ..... laws of any part of the great britain; or (3) the benefits under the scheme or arrangements are secured by a contract of assurance or an annuity contract which is made with: (a) an insurance company to which the insurance companies act, 1982 applies; or (b) a registered friendly society; or (c) an industrial and provident society registered under the industrial and provident ..... societies act, 1965; or (4) the benefits under the scheme or arrangement are secured by any regulation or other instrument, not being a .....

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Mar 30 2011 (HC)

Vinod Son of Tejram Pasi. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Decided on : Mar-30-2011

..... tripathi (pw-6) and gabbulal (pw-18). dr. narendra kumar tripathi is the doctor at whose clinic appellant and mamtabai had taken deceased for treatment of her injuries, which she contracted by fall. according to dr. narendra kumar tripathi (pw-6), appellant alongwith a banjaran had come to his clinic, but since it was a case of deformity of bones, he ..... leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be of such nature as to show that within all human probability the act must have been done by the accused.23. after closely scanning and scrutinizing the evidence on record, we find that the evidence adduced by the prosecution for bringing home the .....

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Feb 11 2011 (HC)

Ram Bhuwan ShuklA. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Decided on : Feb-11-2011

..... with due and faithful discharge of his duty in service, it is misconduct (see: pierce v. foster 17 q.b. 536, 542). a disregard of an essential condition of the contract of service may constitute misconduct [see: laws v. london chronicle (indicator newspapers), (1959) 1 wlr 698]. this view was adopted in shardaprasad onkarprasad tiwari v. divisional superintendent, central railway ..... is upheld as the petitioner is negligent for having caused this loss to the government and a substituted penalty of stoppage of one increment without cumulative effect for the act of commission and omission of the petitioner is sufficient to meet the ends of justice. 15- respondents are directed to comply with the order passed and grant the ..... punished by ordering recovery of 50% of the amount and further a punishment of stoppage of one increment without cumulative effect will meet the ends of justice, for the act of commission and omission on the part of the petitioner. normally a writ court is not supposed to interfere with the orders of punishment imposed by the disciplinary authority, ..... was stated:'5. misconduct has been defined in black's law dictionary, sixth edition at page 999, thus:'a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, willful in character, improper or wrong behavior, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, but not negligence or carelessness.' .....

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Oct 20 2011 (HC)

Dinesh Nagda Vs. Shantibai

Court : Madhya Pradesh

Decided on : Oct-20-2011

..... by bhuralal and placed reliance upon the evidence relating to his adoption. the trial court also examined the plea of the respondent that the appellant had contracted second marriage with radhabai, but the trial court did not record any definite finding in this regard. thus, the trial court dismissed the suit. 6 ..... is a clear case of irretrievable breakdown of marriage. 20. so far as the issue of desertion is concerned, section 13(1)(ib) of the act requires desertion for a continuous period of not less than two years immediately preceding the presentation of the divorce petition. in the present case, the respondent ..... /1992 in criminal case no.1767/1992 (ex.d.1) by cjm, neemuch. 14. the cruelty has not been defined under the hindu marriage act, but by way of several judicial pronouncements the concept and scope of physical and mental cruelty has been elaborated. it is the settled position in law ..... entitled to the decree of divorce under section 13(1)(ib) of the act on the ground of desertion by the respondent ? 10. the first issue as to whether the appellant has successfully proved the cruelty on the part of ..... issues arise for determination in this appeal:- (1) whether the appellant is entitled to the decree of divorce under section 13(1)(ia) of the hindu marriage act on the ground of cruelty by the respondent ? (2) whether it is a case of irretrievable breakdown of marriage ? (3) whether the appellant is .....

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