Madhya Pradesh Court October 1987 Judgments
Maheshkumar Vs. Additional Collector, Hoshangabad and anr.
Court: Madhya Pradesh
Decided on: Oct-30-1987
Reported in: AIR1988MP210; 1988MPLJ6
B.C. Varma, J. 1. The petitioner filed his nomination paper claiming to be an agriculturist for election as Member of Krishi Upaj Mandi Samiti, Banapura. His nomination paper was accepted He contested the election and was duly elected. Voter Kailash, son of Mathura Prasad filed an election petition questioning the petitioner's election on the ground inter alia that the petitioner was not an 'agriculturist' within the meaning of Section 2(b) of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam (hereinafter referred to as the 'Act') as he was engaged in doing cloth business as a partner with his brothers. The authority viz., the Additional Collector whoheard the election petition found that the petitioner was a partner in a Firm which still exists and carries on cloth business. For this conclusion certain circumstances apart from oral testimony have been relied upon. Petitioner's statement that he was a partner in a Firm which was engaged in cloth business has also been taken into considera...
Tag this Judgment!Rukmabai Kulmi Vs. Ramlal and ors.
Court: Madhya Pradesh
Decided on: Oct-30-1987
Reported in: I(1988)ACC144; [1990]67CompCas555(MP)
R.K. Varma, J. 1. This is an appeal by the claimant against the award dated June 30, 1980, passed by the Member, Motor Accidents Claims Tribunal, West Nimar, Mandleshwar, in Claim Case No. 97 of 1979 whereby the learned Tribunal has awarded Rs. 5,000 as compensation in respect of the death of the deceased, Sadhu, who died as a result of the accident caused by rash and negligent driving of truck bearing registration No. MPI 3255.2. On July 14, 1979, the deceased, Sadhu, a young boy aged about 20 years, was walking along the road from his house towards the market when the aforesaid truck driven by the driver, Babukhan, respondent No. 2, came from behind with high speed and knocked down Sadhu who was crushed under its wheels and died instantaneously on the spot. The claimant is the mother of the deceased aged about 55 years, who had claimed a total compensation of Rs. 35,300 against the owner and the driver of the offending truck in respect of the death of the deceased, Sadhu, joining the...
Tag this Judgment!Manager, Central India Flour Mills Vs. Mohd Ishaq Sagir and anr.
Court: Madhya Pradesh
Decided on: Oct-30-1987
Reported in: (1994)IIILLJ205MP; 1988MPLJ274
ORDERRam pal Singh, J. 1. By this petition the petitioner challenges the orders Annexures P-2 and P-3, respectively passed by the Labour Court and Industrial Court, on 3.5.1983 and 29.5.1985.2. Petitioner is the Manager of the factory where respondent No. 1 was employed at the material point and was working as Roll-man-cum-Mukaddam. Shri N.P. Bhatnagar is an Electrical Engineer and Manager of the factory and was overall in-charge of the works. On 18.12.1978 at or about 10.45 a.m. Shri Bhatnagar directed a worker Ramadhar to do a particular job and one worker Lotu Kesari of grinding section, was also directed by him to help Ramadhar. At 11.15 a.m. when Shri Bhatnagar was proceeding to Rolls section of the factory, it is alleged that respondent No. 1 stopped him and started showering dirty and filthy abuses of mother and sister upon him and also threw threats of life and limb. The threat was that at noon time when he is at the gate Shri Bhatnagar will be beaten badly. It is also alleged ...
Tag this Judgment!Motilal Hariballabh Mishra and anr. Vs. Khilaunabai and ors.
Court: Madhya Pradesh
Decided on: Oct-30-1987
Reported in: 2(1987)ACC544
B.C. Varma, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 is filed against the award of the Motor Accident Claims Tribunal, Chhatarpur, passed in Claim Case No. 10 of 1977. Under this award, a net amount of Rs. 29,000/- has been awarded to compensation payable to respondent No. 1 as widow of deceased Dulichandand an amount of Rs. 50/- has been awarded to Ramesh Chand Jain son of respondent No 1. We are not concerned with the award in favour of Ramesh Chand Jain2. The relevant facts for the purpose of this appeal are that deceased Dulichand and his son Rameshchand were travelling in a bus M.P.N. 7001 from Tikamgarh to Chhatarpur at about 8-00 P.M. on 30-9-1977 when the said bus collided against a truck No. M.P.M. 3684 coming from the opposite direction. At the relevant time, the bus was being driven by the appellant No. 2. Abdul Ajij who was then in the employment of the owner, i.e., M/s. Motiial Hariballabh Mishra, appellant No. 1. As a result of the accident, Du...
Tag this Judgment!Sultan Khan S/O Jugge Khan Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Oct-29-1987
Reported in: 1991(0)MPLJ81
Gulab C. Gupta, J.1. This second appeal, filed by the plaintiff Under Section 100, Civil Procedure Code is directed against the judgment and decree dated 20-10-1982, passed by Addl. Judge to the Court of District Judge, Sehore in Civil Appeal No. 185-A of 1982, arising out of judgment and decree, dated 25-9-1980, passed by the Civil Judge, Class II, Sehore in Civil Suit No. 53-A of 1979, dismissing the appellant's suit for declaration of title over 10 acres of land of Khasra No. 202/1, situated at village Mundla Kalan, Tahsil and District Sehore (hereinafter referred to as the 'suit land').2. The appellant filed the present suit on 13-12-1974, seeking declaration of his title over the suit land based on his long and continued possession for about 4 decades as owner thereof. His case was that his father Jugge Khan was in cultivating possession of the suit land during his life time and his possession is even recorded in revenue records since 1351 Fasli year i.e. 1944 A.D. Appellant also ...
Tag this Judgment!Chordia Kavelu Udyog Vs. State of M.P. and Two ors.
Court: Madhya Pradesh
Decided on: Oct-29-1987
Reported in: [1988]69STC49(MP)
N.D. Ojha, C.J.1. The petitioner is a registered dealer under the M. P. General Sales Tax Act, 1958 (hereinafter referred to as 'the Act') as also under the Central Sales Tax Act, 1956. For the period between 1982-84, a question arose as to whether rice bran is exempt from sales tax under notification dated 1st April, 1982 a copy whereof has been attached as annexure G-1 to the writ petition. This notification was in force between 1st April, 1982 and 31st March, 1985 and thus it would be relevant for considering the aforesaid question. The class of goods shown in column 2 of the Schedule to the said notification which were exempted from sales tax under this notification is shown as 'husk of all grains, cereals, pulses and rice'.2. The case of the petitioner was that rice bran was also included within the term 'husk'. This contention did not find favour with the Regional Assistant Commissioner of Sales Tax. Aggrieved, the petitioner has filed this writ petition with a prayer to quash th...
Tag this Judgment!Narendrakumar Vs. Ku. Shakubai and anr.
Court: Madhya Pradesh
Decided on: Oct-27-1987
Reported in: AIR1988MP197
R.K. Verma, J.1. This is an appeal by the owner of the bus No. MPU-5059 directed against the award dated 9-5-1984 passed by the Motor Accident Claims Tribunal, Dhar in Claim Case No. 116/81 whereby the learned Tribunal has awarded Rs. 8,000/- as compensation to the injured claimant -- respondent No. 1, in respect of the injuried sustained by her in an accident caused due to rash and negligent driving of the bus in question by its driver Rajendra Singh, Respondent No. 2.2-3. According to the case of the claimant, who is a minor girl aged about 8 years, On 6-6-1981 at about 8-00 a.m. while she was standing near a hand-cart along with other children for purchasing mangoes on the leftside of the road at village Guljhere, the offending bus in question, being driven by driver Respondent No. 2, in a rash and negligent manner, dashed against her as a result of which she sustained a fracture in the right femur bone as well as a linear fracture of parietal bone. The claimant remained dmitted in ...
Tag this Judgment!The New India Assurance Company Ltd. Vs. Champa Devi Jaiswal and ors.
Court: Madhya Pradesh
Decided on: Oct-27-1987
Reported in: I(1988)ACC75
B.M. Lal, J. 1. Shri R.P. Verma for the appellant. Shri R.R. Jaiswal for the respondent No. 1 takes notice.2. Heard the learned Counsel on the question of admission.3. This appeal is filed against an interlocutory order dated 5-7-87 whereby the Claims Tribunal, exercising its jurisdiction Under Section 92-A of the Motor Vehicles Act, granted interim award of Rs. 15000/- against the appellant New India Assurance Company Ltd. Jabalpur. The learned Counsel appearing for the appellant submitted Branches of the appellant Insurance Company at Rewa and Jabalpur, both have been impleaded as parties and therefore, it be specifically direct that the order of the said interim award is to be complied with by the appellant Insurance Company' Branch at Rewa or at Jabalpur.4. The order impugned is specific on the point it requires no clarification. In para 4 of the impugned order, the Claims Tribunal has directed appellant New India Assurance Company Jabalpur Branch to pay the amount of interim award...
Tag this Judgment!Lalchandra Shyam Sunder Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Oct-26-1987
Reported in: [1988]68STC225(MP)
N.D. Ojha, C.J.1. The Board of Revenue, Madhya Pradesh, Gwalior, which is the Tribunal constituted under the M.P. General Sales Tax Act, 1958 (in short 'the Act') has referred the following three questions to this Court under Section 44(1) of the Act, for its opinion:(1) Whether, on the facts and circumstances of the case, the Tribunal is justified in inferring sales of bardana on conjectural basis of having implied contract of sale thereof without any data whatsoever ?(2) Whether the Tribunal is justified in overlooking its own findings given in Appeals Nos. 41-I/78 and 42-I/78 decided on 20th November, 1979 and again deciding the same facts and holding a contrary view than those decided in the previous year without any evidence before it ?(3) Whether the decision of a part of the year, i.e., 1st September, 1976 to 23rd October, 1976, under Section 19(1) of the Act could be made applicable to the whole year particularly so when the main issue of implied contract of sale of bardana is ...
Tag this Judgment!Ramchand Tarachand and anr. Vs. Deputy Commissioner of Sales Tax and a ...
Court: Madhya Pradesh
Decided on: Oct-21-1987
Reported in: [1988]69STC335(MP)
N.D. Ojha, C.J.1. Petitioner No. 1, M/s. Ramchand Tarachand, is a registered partnership firm of which petitioner No. 2 is one of the partners. The firm is a registered dealer within the meaning of Section 2(m) of the M. P. General Sales Tax Act, 1958 (hereinafter referred to as 'the Act'). It made an application for grant of licence in regard to the period of assessment 1st April, 1981 to 31st March, 1982 as well as for the period 1st April, 1982 to 31st March, 1983. These applications were dismissed by the Sales Tax Officer on the ground that the gross turnover of the petitioners during these two years was more than Rs. 1,50,000 and consequently no licence could be granted in view of the provision contained in this behalf in Section 13 of the Act, read with Rule 4 of the Rules framed thereunder.2. The Sales Tax Officer determined the amount of turnover for the period between 1st April, 1981 and 31st March, 1982 at Rs. 9 lacs, whereas the amount for the period between 1st April, 1982 ...
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