Madhya Pradesh Court August 1984 Judgments
Kailash and ors. Vs. Sub-registrar of Assurances, Indore and anr.
Court: Madhya Pradesh
Decided on: Aug-29-1984
Reported in: AIR1985MP12
V.D. Gyani, J.1. This order shall also govern the disposal of Misc. Petition No. 276 of 1983 (Ramchandra v. Sub-Registrar) and Misc. P. No. 59/84 (Yeshwantsingh v. Sub-Registrar and ors), as common questions of law are involved in these petitions and their facts are also akin and identical in nature, excepting the names of land-holders, location of their respective lands, different survey numbers, all these three petitions are being decided by a common order.2. Long drawn sequence of events commencing with presentation of 93 sale deeds (in M.P. 59 of 84) 20 sale deeds (in M.P. 275/83), 39 sale deeds (in M.P. 276/83) in the months of April-May, 1982 and their refusal for registration either under supposed instructions from Collector, Indore (as in the case of M.P. No. 275/83) or for want of a certificate from the Joint Director, Town and Country Planning (In M.P. No. 59/84), leading to presentation of writ-petitions and directions issued by this Court, constituting facts of these petiti...
Tag this Judgment!M.P. Textile Traders and Agents Vs. Commissioner of Sales Tax and anr.
Court: Madhya Pradesh
Decided on: Aug-29-1984
Reported in: [1985]59STC365(MP)
ORDERP.D. Mulye, J. 1. The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India in the matter of M. P. General Sales Tax Act, 1958 with a prayer to quash the order dated 5th May, 1982 passed by the Deputy Commissioner of Sales Tax, Indore (annexure P3).2. The facts giving rise to this petition may be stated, in brief, thus: The petitioner is a registered partnership firm which is a registered dealer under the M. P. General Sales Tax Act, 1958 and carries on business in cement, iron hoops, cloth, etc., at Sheelnath Camp, Indore.3. The petition relates to the assessment period from 1st April, 1972 to 31st March, 1973. In the course of assessment proceedings before the Assistant Sales Tax Officer, Indore, the petitioner raised an issue regarding levy of tax on iron hoops (iron strips) and claimed that the same can be taxed only at the concessional rate of 3 per cent on the ground that they were declared goods. The assessing authority, as per annexure ...
Tag this Judgment!Aftab-e-jadid, Urdu Daily Newspaper Vs. Bhopal Shramjivi Patvakar Sang ...
Court: Madhya Pradesh
Decided on: Aug-29-1984
Reported in: (1985)ILLJ272MP
ORDERC.P. Sen, J.1. This is a petition under Articles 226 and 227 of the Constitution by the employer challenging the award given by the arbitrators under Section 10A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act).2. Aftab-E-Jadid is an Urdu daily newspaper published from Bhopal and it employs certain journalists and other employees for running the paper. One Ishtiaq Arif was the Chief Editor of the paper and he tendered his resignation on 29th April, 1979. On 1st May, 1979 the Sub-Editor Sherqui Khalidi also tendered resignation. A notice was served on the employer by its union calling upon the employer to tender a public apology for misbehaviour with the Chief Editor and all the employees should be taken back on duty. Thereafter the workers resorted to hunger strike in front of the premises of the employer. The Assistant Labour Commissioner started conciliation proceedings by calling both the parties. On 11th May, 1979 the parties entered into an arbitratio...
Tag this Judgment!Laxmanlal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-29-1984
Reported in: 1985CriLJ1133; 1985MPLJ125
ORDERN.K. Singh, J.1. This revision is directed against the Order dated 3-12-1981 made by the Judicial Magistrate First Class, Sabalgarh, rejecting the preliminary objection raised in this behalf by the petitioner-accused and framing charge against him in respect of the offences relating to the abstraction and theft of electrical energy punishable under Section 39 of the Electricity Act, 1910, and Section 379 of the Indian Penal Code.2. The facts, relevant for the disposal of this revision, in a nut-shell, are, that on 30-10-1980 Assistant Engineer, M. P. Electricity Board, Sabalgarh, detected that the petitioner having his field at village Bamsoli had unauthorisedly secured a connection directly from the electric line and was running a 5 H.P. motor in his field with the electrical energy so obtained. Accordingly, the Assistant Engineer seized the unauthorised connecting installation under a seizure memo and made a written report in respect of the matter to S.O.P.S. Rampurkala, whereup...
Tag this Judgment!Bhikam Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1984
Reported in: AIR1985MP100; 1985MPLJ136
U.N. Bhachawat, J.1. This is a petition under Article 226 of the Constitution of India, filed by one Bhikam Singh who was elected as the Sarpanch of the Gram Panchayat, Meghpura, District Bhind, for quashing the resolution (Annexure R/10), dated the 12th May, 1984, resolving a vote of no confidence against him.2. The short facts leading to the present petition and essential for its decision, are these : On an earlier occasion, that is, on the 3rd Dec., 1983, a resolution for vote of no confidence against the petitioner was moved in the manner prescribed under the Madhya Pradesh Panchayat Act, 1981 (for short, hereinafter referred to as the Act), and that it failed, A resolution on the subject was again moved within a period of six months and has been passed by 12 members from amongst the 16 present out of the total strength of 19 members, voting in favour of the resolution (Annexure R/10). Though the petition is verbose inasmuch as various contentions havebeen raised, challenging the v...
Tag this Judgment!Balkrishna Das and ors. Vs. Perfect Pottery Co. Ltd., Jabalpur and ors ...
Court: Madhya Pradesh
Decided on: Aug-27-1984
Reported in: AIR1985MP42; 1985MPLJ32
Oza, Ag. C.J.1. The three appeals Nos. 4, 5 and 7, all of 1983, arise out of a composite order passed by Company Judge Hon'ble Shri Justice J.S. Verma, by his order dated 3rd Oct. 1983 in Company Petition No. 5 of 1981. This order disposes of a prayer under Section 397 of the Companies Act and Sections 398 and 155 of the Companies Act. The prayer under Section 397 was rejected and against this the present appeal is No. 4 of 1983. Prayer under Section 398 has been partly allowed and, therefore, appeal No. 7 of 1983 is preferred against that part of the order and as the prayer under Section 155 was rejected, an appeal is preferred which is appeal No. 5 of 1983.2. In all these three appeals the question of maintainability of the appeals arises in view of the abolition of Letters Patent Appeals in Clause 10 by the Madhya Pradesh Uchcha Nyayalaya (Letters Patent Appeals Samapti) Adhiniyam, 1981, passed by the State Legislature and which received the assent of the President on 21st June 1981...
Tag this Judgment!Nankuram and anr. Vs. Iqbal Kaur and Two ors.
Court: Madhya Pradesh
Decided on: Aug-27-1984
Reported in: II(1984)ACC497
P.D. Mulye, J.1. The claimants-appellants, who are the parents of the deceased Mahesh, have filed this appeal Under Section 110-D of the Motor Vehicles Act for enhancement of compensation against an award dated 10th July, 1981 passed by the Member, First Additional Motor Accidents Claims Tribunal, Indore, in Claim case No. 14 of 78, whereby compensation has been awarded for Rs. 30,000/- plus cost and interest though the claimants had put up a claim for Rs. 80,000/-.2. The facts, giving rise to this appeal as detailed out in the award and about which there is not much dispute, may be stated, in brief, thus: The appellants are the parents of the deceased Mahesh, aged about 26 years, who died as a result of the accident which occurred on 12th November, 1977. Respondent No. 1 Smt. Iqbal Kaur is the owner of truck number MPM-3339 of which on the relevant day of the accident respondent No. 2 Mahendra Singh was the driver. The said truck was insured with respondent No. 3, the United India Fir...
Tag this Judgment!Ramcharan Soni Vs. Francis Lakda and ors.
Court: Madhya Pradesh
Decided on: Aug-22-1984
Reported in: 2(1986)ACC400
B.M. Lal, J.1. The short point that arises for consideration is whether the Motor Accidents Claims Tribunal constituted Under Section 110 of the Motor Vehicles Act, 1939 could entertain the claim for damages caused to the motor vehicle in an accident.2. Before the Motor Accidents Claims Tribunal Raigarh presided over by the District Judge, Raigarh the applicant-claimant made a claim for compensation relating to damage caused to the scooter for the amount of Rs. 5,776/- which met with an accident. The appellant claimant therefore, made an application under Section 110-A of the Motor Vehicles Act, 1939. In the application, the claimant has claimed the damages caused to the scooter alone.3. The Motor Accidents Claims Tribunal, by the impugned order, dated 23-2-1978, rejected the claim of the appellant on the ground that provisions of Section 110-A do not envisage grant of damages caused to the vehicle. Therefore, the claimant-appellant has preferred this miscellaneous appeal before this c...
Tag this Judgment!Ramcharan Soni Vs. Francis Lakda and 2 ors.
Court: Madhya Pradesh
Decided on: Aug-22-1984
Reported in: II(1984)ACC493
B.M. Lal, J.1. The short point arises for consideration is that the Motor Accidents Claims Tribunal constituted Under Section 110 of the Motor Vehicles Act, 1939 could entertain the claim for damages caused to the motor vehicle in an accident.2. Before the Motor Accidents Claims Tribunal, Raigarh presided over by the District Judge, Raigarh, the applicant/claimant made a claim for compensation relating to the damage caused to the scooter for the amount of Rs. 5,776/- which met with an accident. The appellant-claimant therefore, made an application Under Section 110-A of the Motor Vehicles Act, 1939. In the application, the claimant has claimed the damages caused to the scooter alone.3. The Motor Accidents Claims Tribunal, by the impugned order, dated 23-2-1978, rejected the claim of the appellant on the ground that provisions of Section 110-A do not envisage grant of damages caused to the vehicle. Therefore, the claimant-appellant has preferred this miscellaneous appeal before this Cou...
Tag this Judgment!Kalawati Bai and ors. Vs. Ram Singh and ors.
Court: Madhya Pradesh
Decided on: Aug-17-1984
Reported in: 1(1985)ACC457
K.L. Srivastava, J.1. This appeal is directed against the award dated 6-7-1979 made by the 3rd Additional Member, Motor Accident Claims Tribunal, Indore Under Section 110-B of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) in claim case No. 162 of 1976.2. The application under Section 110-A of the Act was filed by Kalawati Bai, the widow of the deceased Tikamchand, her three daughters and four sons claiming a sum of Rs. 50,000/- as compensation from the respondents for the death of the said Tikamchand as a result of the motor accident which took place at about midnight of 21-11-1976 at Indore. It was alleged therein that the respondent No. 2 driving the accident truck bearing registration No. M.P.I. 4879 rashly and negligently brought about a head on collision with the hand-card in which the deceased was taking a young one of the buffalo. At the relevant time, the truck was owned by the respondent No. 1 and was insured with the respondent No. 3 against third party ri...
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