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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: madhya pradesh Year: 1996 Page 3 of about 33 results (0.064 seconds)

Sep 19 1996 (HC)

ishaque @ Totaliya Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Sep-19-1996

Reported in : 1997CriLJ3451; 1998(1)MPLJ30

d.p.s. chauhan, j.1. the appellant ishaque alias totaliya was convicted in s.t. no. 127 of 1985 by additional sessions judge, east nimar, khandwa vide judgment and order dated 8-8-1986 whereagainst the present appeal is directed.2. the appellant was convicted under section 326, indian penal code and was sentenced to 2 1/2 years' ri together with fine of rs. 500/-.3. in the present case, a joint application was moved both by complainant and the appellant for seeking permission to compound the offence. the application was moved on 12-10-1995 together with an affidavit of abdul sattar, the complainant and in the affidavit it was stated that they have mutually compromised the matter voluntarily, not being under duress and the relationship between the families have become good and friendly.4. this court, on 2-4-1996, passed the following order :'appellant with shri n. k. khare, shri pendharkar, dy. g. a. for the res. state.complainant abdul sattar with shri r. a. robertson, advocate.counsel for the appellant and the complainant intimate that they are present and that they have voluntarily compounded the offence and have filed affidavits. the complainant and the appellant both state that they have filed an affidavit in this regard and they have compounded the offence between themselves. the affidavit be kept on record and shall be considered at the time of judgment, as prayed by both the parties.the complainant and the appellant shall get their presence marked in the office.'5. .....

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Mar 27 1996 (HC)

Kailashpati Kedia Vs. State of Maharashtra and ors.

Court : Madhya Pradesh

Decided on : Mar-27-1996

Reported in : 1996(0)MPLJ847

orderr.d. shukla, j.1. this order shall dispose of the reference made by learned single judge in this case.2. the brief history of the case is that applicant who is a resident of saket nagar, indore filed an application under section 438 of code of criminal procedure (hereinafter referred to as 'the code') seeking a direction for being enlarged on bail if arrested, popularly known as anticipatory bail.3. applicant is engaged in liquor business-distillation and export thereof. it is asserted that a case under sections 65(a), 65(b), 66(l)(b), 80, 81 and 108 of the bombay prohibition act, 1949 has been registered in maharashtra against some persons including the present applicant. some of the accused persons have been arrested. accused-applicant is also apprehending his arrest at indore. he has further stated about the details of the ailment of his father and his own ill-health.4. learned single judge issued notice to the state and after hearing the arguments as there was difference of opinion between two learned single judges of this high court; justice k. l. shrivastava (as he then was) and justice b. m. lai (presently judge in state of u. p.), referred following question of law to hon'ble the chief justice for being placed before a larger bench. it is in this background that the reference has been placed before this division bench.'whether any person, residing in local jurisdiction of this court and having reason to believe that he may be arrested on accusation of having .....

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Sep 13 1996 (HC)

Asharam S/O Ramprasad Vs. Munshilal Kushwah and ors.

Court : Madhya Pradesh

Decided on : Sep-13-1996

Reported in : 1997(2)MPLJ279

ordert.s. doabia, j.1. the election of asha ram present petitioner has been declared null and void. this election was to nagar panchayat phooph conducted under the madhya pradesh municipalities act, 1961 (hereinafter referred to as the 1961 act). an election petition was preferred by one munshilal under section 20 of the 1961 act. five candidates took part in the process of election. asha ram, present petitioner got the highest number of votes. he was declared elected. the break-up of the votes received by asha ram by other candidates is as under : asha ram 127 votes munshilal 111 votes babu khan 45 votes ajmer khan 5 votes hari prasad 2 votes2. the election of asha ram to the nagar panchayat phooph was challenged on the ground that as he was a peon in sewa sahakari sanstha maryadit phooph and therefore he was holding an office of profit in the 'local authority'. it was this ground which prevailed with the election court. not only the election was set aside but a declaration was also made that respondent munshilal kushwah would stand declared as elected. it is against the above order passed by the election court, the present revision petition has been preferred.3. the learned counsel appearing for the petitioner submits :(i) that the petitioner did not suffer from disqualification as contemplated by section 35(c) of the 1961 act as a co-operative society is not a local authority,(ii) that in any case the petitioner had submitted his resignation on 15th october, 1994 and this .....

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Nov 21 1996 (HC)

Bhushan Ramlal Kashyap Vs. S.D.O. and ors.

Court : Madhya Pradesh

Decided on : Nov-21-1996

Reported in : 1998(2)MPLJ710

orderc.k. prasad, j.1. election to the office of sarpanch of gram panchayat, mishta was held on 30th may, 1994. late babulal was declared elected as sarpanch having secured 330 votes. his election as sarpanch was challenged by respondent no. 2 durgaram by filing an election petition under section 122 of the m. p. panchayat raj act, 1993. election petition was filed on 14-7-1994 whereas, aforesaid babulal died on 15-1-1995. nobody, including the petitioner, who claims to be the election agent of aforesaid babulal, took any step before the election tribunal and ultimately, the tribunal on recount of votes, found that the votes polled by respondent no. 2 are more than that of the declared candidate babulal. accordingly respondent no. 2 was declared elected as sarpanch.2. aggrieved by the aforesaid declaration of respondent no. 2 as sarpanch, the petitioner, who was not impleaded as a party nor substituted after death of babulal before the election tribunal, has filed this writ petition challenging the order of the election tribunal.3. shri agrawal, appearing on behalf of respondent no. 2 raised a preliminary objection that writ petition at the instance of the petitioner who was neither party before the election tribunal, nor filed any application before the tribunal resisting the claim of respondent no. 2, in spite of his assertion that he was the election agent of the returned candidate, cannot maintain the writ petition.4. shri sudhir rawat however, appearing on behalf of the .....

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Sep 11 1996 (HC)

S.K. Nanhorya Vs. V.J. Dowson

Court : Madhya Pradesh

Decided on : Sep-11-1996

Reported in : 1997(2)MPLJ408

orders.k. dubey, j.1. this is a reference by r. s. garg, j. in m. a. no. 401/90 under section 32 of the m.p. accommodation act, 1961 (hereinafter referred to as 'the act') arising out of order dated 5-7-1990, passed in m. a no. 18/88 by the iiird additional judge to the court of district judge, jabalpur, preferred against the order dated 28-7-1988, in r. c. case no. 27-a/90(1) 87-88 passed by the rent controlling authority, jabalpur (rca).2. on an application under section 10 of the act for fixation of standard rent filed by the appellant/landlord the r.c.a determined the standard rent at rs. 350/- per month from the date of application, i.e., 14-12-1987 under section 10(4) of the act holding that modes prescribed in section 7(1), (2) and (3) are not applicable. aggrieved of that, the respondent, since deceased, preferred the appeal under section 31 of the act which was allowed holding that the accommodation let was constructed in the year 1956-57 and that there are more than one municipal assessment, one for the year 1977-78 to 1982-83 fixing annual rent on the basis of rs. 75/- per month, and the other, for the year 1983-84 to 1987-88 fixing annual rent on letting value rs. 120/- per month. therefore, as the accommodation is separately assessed to municipal assessment, under section 7(3)(a) the annual rent would be according to such assessment plus 15% thereon, on the basis of assessment of 1983-84 to 1987-88.3. appellant placing reliance on a decision rendered by g. p. .....

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Mar 26 1996 (HC)

Telecom District Engineer and anr. Vs. Pramesh Agrawal and anr.

Court : Madhya Pradesh

Decided on : Mar-26-1996

Reported in : 1997(1)MPLJ173

..... -plaintiff made a claim regarding the damages to the tune of rs. 65,000/-. according to the plaintiff himself, he can be compensated in terms of damages for breach of contract if any.7. in view of the provisions of madhya pradesh amendment in rule 2 of order 39 vide m. p. act no. 29 of 1984, the following proviso has ..... the learned counsel for the parties.4. shri pramesh agrawal was the person who was granted by appellant no. 1, contract for the purpose of digging and laying down the telephone cable in the three districts - durg, bastar and rajnandgaon. the contract-work was only for six months, though the period was one year. admittedly, after expiry of six months, fresh tender .....

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Aug 21 1996 (HC)

Diamond Cements Vs. PravIn Bano (Smt.) and 5 ors.

Court : Madhya Pradesh

Decided on : Aug-21-1996

Reported in : 1998ACJ1136; (1998)IIILLJ1098MP

..... of employer in any employment specified in part c of schedule iii has contracted a disease specified therein as an occupational disease peculiar to that employer during a continuous period which is less than the period specified under sub-section (2) of section 3 ..... , and(b) that the disease has arisen out of and in the course of the employment,the contracting of such disease shall be deemed to be an injury by accident within the meaning of this section.'thus, this proviso lays that if a workman whilst in the service ..... :'provided that if it is proved, -(a) that a workman whilst in the service of one or more employers in any employment specified in part c of schede iii has contracted a disease specified therein as an occupational disease peculiar to that employment during a continuous period which is less than the period specified under this sub-section for that employment .....

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Aug 21 1996 (HC)

Diamond Cements Vs. PravIn Bano and ors.

Court : Madhya Pradesh

Decided on : Aug-21-1996

Reported in : 1997(1)MPLJ441

..... service of employer in any employment specified in part c of schedule iii has contracted a disease specified therein as an occupational disease peculiar to that employment during a continuous period which is less than the period specified under sub-section (2) of section 3 ..... , and(b) that the disease has arisen out of and in the course of the employment;the contracting of such disease shall be deemed to be an inquiry by accident within the meaning of this section :'thus, this proviso lays down that if a workman whilst in the ..... below :-'provided that if it is proved, -(a) that a workman whilst in the service of one more employers in any employment specified in part c of schedule iii has contracted a disease specified therein as an occupational disease peculiar to that employment during a continuous period which is less than the period specified under this sub-section for that employment .....

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Feb 07 1996 (HC)

Gajanan Motal Complex Vs. Gwalior Development Authority

Court : Madhya Pradesh

Decided on : Feb-07-1996

Reported in : AIR1996MP135

..... for footpaths is a permissible condition.(iv) in case the condition does not suit the petitioner, it may take back the amount deposited by it. it has to accept the contract as it is.(v) the petitioner would produce the copy of the order before the trial court, which has issued the injunction and which operates' against the petitioner. (vi) as ..... that the injunction normally is asked for and granted to prevent the public authorities or the respondents to proceed with execution of or implementing scheme of public utility or granted contracts for execution thereof. public interest is, therefore, one of the material and relevant consideration in either exercising or refusing to grant ad interim injunction. while exercising discretionary power, the court ..... . the state burdened as it is finding it difficult to make provisions for everything which a citizen requires. this can be achieved either by legislative mandate or by terms of contract under which transfer of rights is made. one such step taken in the right direction by gwalior development authorities respondent no. 1, is being impugned in the present writ petition .....

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Jan 23 1996 (HC)

Commissioner of Income-tax Vs. Omprakash Premchand and Co.

Court : Madhya Pradesh

Decided on : Jan-23-1996

Reported in : [1997]227ITR590(MP); 1996(0)MPLJ876

..... in february, 1975. in february, 1976, the aforesaid firm again offered the bid in the auction for the licence in regard to the aforesaid shops which was accepted and the contract to sell country liquor was granted for two financial years beginning on april 1, 1976, and ending on march 31, 1978. the bid in february, 1976, was thus for two .....

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