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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: madhya pradesh jabalpur Year: 2010 Page 1 of about 12 results (0.015 seconds)

Sep 06 2010 (HC)

ispat Khadan Janta Mazdoor Union. Vs. the Director, Steel Authority of ...

Court : Madhya Pradesh Jabalpur

Decided on : Sep-06-2010

..... waterfront workers and others (supra) thus :- "68. we have extracted above section 10 of the clra act which empowers the appropriate government to prohibit employment of contract labour in any process, operation or other work in any establishment, lays down the procedure and specifies the relevant factors which shall be taken into consideration for issuing ..... representatives of various managements, 3 representatives of the govt. of india and the president. the committee after examining various factors, nature of the work, recommended abolition of contract labour and govt. of india accepted the recommendation and issued notification under section 10 of clra act. the decision taken under section 10 is final and binding. the ..... and where in such process, operation or other work of the establishment the principal employer intends to employ regular workmen, he shall give preference to the erstwhile contract labours.the apex court has further laid down that the expression "industrial adjudicator" has been used with reference to industrial tribunal/court whose determination will be amenable ..... and machine, first aid, etc. is the function of the management. similarly, the management used to provide canteen facility. welfare officers looked after the welfare of the contract labours. inspection, supervision, installation, running and maintenance of machinery is the function of the management. various other statutory provisions have also been referred including the statement of shri .....

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Aug 20 2010 (HC)

Yograj Infrastructure Ltd. Vs. Ssangyong Engineering Construction Ltd. ...

Court : Madhya Pradesh Jabalpur

Decided on : Aug-20-2010

..... by the appellant is of no help to the appellant. similarly decision in jainson cloth cooperation (supra) is not applicable as the same related to the non-performance of contract was due to frustration as a result of government policy and whereunder the contractor was not held responsible. accordingly, it was observed that enforcement of bank-guarantee was not sought ..... extended performance bank guarantee.2. ssangyong agreed to maintain status of yil as their sub contractor for c-8 project till completion of project as provided in the original sub contract agreement.3. yil and ssangyong agreed for joint measurement of workdone by yil till 30th september 2009 and finalize the quantities on or before 31st october 2009. further yil ..... alleged had been played by the respondent company with the appellant.36. the appellants were aware of main agreement between the respondent and nhai is evident from various terms of contract dated 13.8.2006. as covenanted, the appellant represented to the respondent that it possesses the necessary expertise, resources (financial and otherwise) and experience to successfully complete the ..... cases this court held that the bank guarantees being irrevocable and unconditional and as the beneficiary was made the sole judge on the question of breach of performance of the contract and the extent of loss or damages an injunction restraining the beneficiary from invoking the bank guarantees could not have been granted. the above referred three subsequent decisions of .....

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Nov 30 2010 (HC)

Rajesh Kumar Jain. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Decided on : Nov-30-2010

..... submitted that as per his instructions the chief engineer has already rejected the reference of the petitioner and if this petition is not entertained, contract may be awarded to the third person and usually when it is awarded at the risk and costs of earlier contractor the tender goes on ..... belonging to another technical namely.rajesh kumar jain m.p.state agriculture marketing board, bhopal & another6. the following are also the terms of this contract namely :-(a) no person other than the aforesaid arbitration board constituted by the government (to handle cases of all technical departments) shall act, as ..... ever, in any way arising out of or relating to the contract, designs drawings specifications, estimates, concerning the work or the execution or failure to execute the same, whether arising during of the work or after ..... the perusal of agreement, we find that there is an arbitration clause, which reads as under :- "clause 29:- except as otherwise provided in this contract all question and dispute relating to the meaning of the specifications, designs, drawing and instruction, here in before mentioned and as to thing what so ..... the appeal under clause 14 of the tender. documents by the chief engineer of the respondent no.1 and also restrained to award the contract of remaining work already awarded to the petitioner to any other contractor.(iv) any other appropriate writ, order or direction may kindly be issued .....

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Aug 10 2010 (HC)

Bachhu @ Pachhu Gond, S/O Rama Gond. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Decided on : Aug-10-2010

..... was committed for trial.4. accused pleaded false implication. according to him, deceased had consumed liquor. under the spell of liquor, she had fallen down on woods and stones and contracted injuries which resulted into her death.5. prosecution examined abdul kadir (pw6), halkeram (pw7) and yeshwant (pw8) as eye witnesses of the incident. halkeram and yeshwant did not support the .....

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Sep 17 2010 (HC)

Om Prakash KoshtA. Vs. the State of Madhya Pradesh, and ors.

Court : Madhya Pradesh Jabalpur

Decided on : Sep-17-2010

1- challenging the action of the respondents in refusing appointment to the petitioner on compassionate grounds and further contending that the appointment order issued to the petitioner in this regard on 3.12.1998 is not served till date and, therefore, petitioner is entitled to join duties in pursuance to this order of appointment dated 3.12.1998, petitioner has filed this writ petition. it may be taken note of that the writ petition was filed on 28.4.2006.2- petitioner's father late shankar lal koshta was working in matsya udyog department as a driver, and was posted under the administrative control of joint director, jabalpur. he died in harness on 28.6.98. according to the petitioner, after his father's death, petitioner being the eldest son, his mother submitted applications annexures p/2 and p/3, seeking compassionate appointment. it was stated that the family is in great financial crisis and, therefore, the appointment be granted. according to the petitioner, the departmental authorities issued a letter annexure p/5 on 26.11.98, sought for information regarding appointment of the petitioner. however, nothing was done and, therefore, the director of matsya udyog wrote a letter to the joint director, jabalpur on 22.11.2002 with regard to the compassionate appointment of the petitioner. annexure p/6 is the said letter. according to the petitioner, when nothing was done and when he visited the office of the respondents, it was informed that he has already been appointed .....

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Sep 17 2010 (HC)

Shyam Singh. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Decided on : Sep-17-2010

1. appellant has preferred this appeal challenging his conviction and order of sentence passed by sessions judge, seoni in s.t. no.12/94, decided on 9.11.95.2. appellant has been convicted under section 376 of ipc for committing rape on a minor girl aged about sixteen years and sentenced to rigorous imprisonment for seven years with fine of rs.200/-, in default further rigorous imprisonment for two months, by the impugned judgment.3. according to prosecution, on 08.10.93 about 11 'o'clock in the noon at village poniya, when prosecutrix aged about sixteen years was going to the field of chintaman to cut the crop alongwith kiran bai, raghan bai, kanta and others, appellant met her on the way; appellant was loading bundles of grass on his bicycle. as soon as he saw the prosecutrix, he left his cycle and the bundle of grass, came to her, caught hold of her hand and began abusing and dragging her. prosecutrix shouted for help, then appellant intimidated her and slapped her. when her companions tried to object, appellant threatened them also and asked them to run away, else he would kill them. when the prosecutrix was left alone, appellant gaged her mouth, intimidated her and dragged her to the field of sawan mahajan, undressed her amidst the standing crop and committed forcible sexual intercourse with her. by that time, the mother of the prosecutrix and other villagers came there, appellant then fled away. the fir of the incident was lodged by the prosecutrix at police station .....

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Sep 15 2010 (HC)

Ajju @ Ajay Kumar S/O Chhanga Lehgeer, and anr. Vs. State of Madhya Pr ...

Court : Madhya Pradesh Jabalpur

Decided on : Sep-15-2010

1. appellants have filed the above appeals against the judgment dated 31.10.2000 passed by special judge (atrocities) rewa in sessions trial no. 100/2000, convicting appellant ajju @ ajay kumar under section 302 of the indian penal code and appellant santosh @ babloo @ pandit under section 302 read with section 34 of the indian penal code and sentencing them to imprisonment for life with fine of rs. 500/-.2. according to prosecution, on 7.3.2000 at about 2.00 p.m., dilip choudhary went out of his house to watch t.v. at the house of brij kishore. when he reached in front of the house of mohd. rahees, he met the accused persons. he asked accused ajju to arrange for liquor, but ajju told him that he had no money for purchasing the same. this led to a hot altercation between dilip and ajju. both the accused persons intimidated dilip and suddenly accused ajju took out katta from his waist and pointed at dilip. when dilip tried to grab katta, ajju fired it. the shot hit dilip in his abdomen. accused persons then ran away. the incident was witnessed by asha devi (pw9), the aunt of dilip and mohd. rahees. dilip was taken to g.m. hospital, rewa. at about 3.00 p.m., sub inspector parihar of city kotwali, rewa received information from the police out post of g. m. hospital that dilip choudhary was got admitted in the hospital as he was injured by a fire arm. a.s.i. j.p.tiwari along with other constables reached the hospital, where asha devi gave dehati nalishi report ex. p/11 to him. on .....

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Sep 27 2010 (HC)

Smt. Ramwati Markam. Vs. the State of Madhya Pradesh, and ors.

Court : Madhya Pradesh Jabalpur

Decided on : Sep-27-2010

1. challenging the action of the respondents in making recovery from the benefits accruing to the petitioner, wife of a deceased forest ranger, and passing the impugned orders annexures p/6, p/7 and p/12, on 29.7.91, 29.7.91 and 30.9.06 respectively, rejecting the claim of the petitioner, she has filed this writ petition. 2- petitioner's husband late s.s. markam was working as a forest ranger. he joined the forest department on 5.11.63 and retired on attaining the age of superannuation on 30.11.97. he was last posted in south territorial forest division, balaghat. after his retirement all the pensionary benefits were paid to him, pension was also being granted without any recovery and due to illness shri markam expired on 7.10.2003. copies of the pension payment orders and the death certificate of petitioner's husband are annexures p/1 and p/2 respectively. as petitioner was the nominated legal heir of her husband, petitioner started receiving family pension and other dues in accordance to the statutory provisions.3- it is the case of the petitioner that wood, if kept in open grounds, in the forest, gets dry and decays and may loose weight. the total life of a wood is said to be five years. in para 114 of the forest manual, a formula is indicated for calculating the natural weight loss of the wood @ 20% every year. a copy of the relevant forest manual is filed by the petitioner as annexure p/3. it is stated that subsequently various circulars were issued on 25.3.2003 and 30.4 .....

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Sep 28 2010 (HC)

Arman Khan and Others. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Decided on : Sep-28-2010

1. since both the above appeals arise out of common impugned judgment, this judgment shall govern disposal of both the appeals.2. this criminal appeal under section 374(2) of the code of criminal procedure has been preferred by the appellants being aggrieved by the impugned judgment dated 19/12/2007 passed by the first additional sessions judge, waraseoni district balaghat in st no.31/2004, whereby the each appellant has been convicted for commission of offence under section 307 read with section 34 of ipc and inflicted sentence of rigorous imprisonment for three years with fine of rs.500/- each, in default each of the appellants has to undergo additional imprisonment for three months. this criminal appeal under section 377 of the code of criminal procedure has been preferred by the state of madhya pradesh being aggrieved by the impugned judgment dated 19/12/2007 passed by the first additional sessions judge, waraseoni district balaghat in st no.31/2004 for enhancement of the sentence of the respondents arman khan and salman khan.3. the prosecution case, in short, is that 2-3 days prior to 24/9/2003, accused arman khan had pushed d.p. mishra, advocate (pw-2) in the court premises and some hot exchange of the words had taken place between them. on 24/9/2003 when vilas mishra (pw-10) with his brothers amit mishra (pw-11) and manish mishra were passing from the road by motorcycle near the house of accused arman khan, were stopped by accused arman khan, salman khan, samarjeet and .....

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Sep 29 2010 (HC)

Ajay Dubey, and ors. Vs. the State of Madhya Pradesh, and ors.

Court : Madhya Pradesh Jabalpur

Decided on : Sep-29-2010

1. in these three writ petitions since common question of law and facts are involved and also as agreed to by the learned counsel for the parties, they were heard together and are being decided by this common order.2. writ petition no.1574/2008 and writ petition no.13329/2009 have been preferred as public interest litigations by one ajay dubey describing himself to be secretary of environment friendly organization- 'prayatna', mainly with the grievance that number of mines/quarries are being operated illegally across the state of madhya pradesh without obtaining the statutory clearances which are mandatory in nature and, therefore, a direction has been sought to stop operation of all such mines which are being run notwithstanding the fact that closure orders have already been issued by the concerned authorities. it has also been inter alia prayed that a high level committee be constituted to enquire the matter pertaining to grant of permission for such mining operations.3. in the other petition i.e. w.p. no.13329/2009, the validity of sub-rule (1) and (2) of rule 49 of m.p. minor mineral rules, 1996 (hereinafter referred to as '1996 rules' ) which gives exemption from taking environmental clearance under environment (protection) act, 1986, air (prevention and control of pollution) act, 1981 and water (prevention and control of pollution) act, 1974 for excavation of sand and 'bajri' is challenged on the ground inter alia that it confers unfettered, unguided and uncanalised .....

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