Madhya Pradesh Court October 1988 Judgments
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Chhotelal Vs. Regional Director of Employees' State Insurance Corpn.
Court: Madhya Pradesh
Decided on: Oct-25-1988
Reported in: [1989(58)FLR158]; (1995)IIILLJ31MP
S.K. Dubey, J. 1. Insured person, an employee, Chhotelal has preferred this appeal under Section 82 of the Employees' State Insurance Act, 1948 (for short, 'the Act'), against the judgment dated 30.3.83 passed by Shri R.S. Nagar, Employees' Insurance Court, Indore (for short, 'E.I. Court') in case No. 15 of 1978, whereby the application of the appellant for award of permanent disablement benefit was dismissed.2. Short facts leading to this appeal are as under:The appellant was employed as a weaver in the Indore-Malwa United Mills at Indore. Admittedly, on 8.10.1977, when he was on duty, during the course of his employment, he received an employment injury, i.e. a punctured wound of cubital fessa in trachea. He was treated by the E.S.I hospital and thereafter the appellant was sent before the Medical Board, who after his examination, vide its opinion Ex. D-1, dated 3.8.1978, recommended that there is no permanent disability and/or loss of earning capacity. Because of the injury, the app...
Choti Bai and anr. Vs. Sharad Kumar
Court: Madhya Pradesh
Decided on: Oct-15-1988
Reported in: II(1989)ACC61
S.K. Dubey, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 by the claimants-parents, who claim enhancement of compensation awarded by the Tribunal for the death of their son Babulal, aged about 25 years.2. Second Member, Motor. Accidents Claims Tribunal, Indore vide its award dated 30-10-83 in Claims Case No. 188 of 1981 held that Babulal who was a Harijan and was doing the job of a sweeper died in a motor accident on 10-4-1981 at about 6 p.m. by the use of truck No. CPO-7477 near Dhar Naka, Indore. The accident occurred due to the rash and negligent driving of respondent No. 2. The owner of the truck at the relevant time was respondent No. 1 and the truck was insured by the respondent No. 3 the New India Assurance Company. After holding the truck driver rash and negligent, the Tribunal in paragraphs 16 to 20 considered the monthly dependency of the parents at the rate of Rs. 50/- per month. By adopting a multiplier of ten years, the compensation was arrived...
Santosh and ors. Vs. General Manager, M.P.S.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Oct-13-1988
Reported in: 1(1989)ACC242
K.L. Shrivastava, J.1. This appeal Under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') is directed against the award dated 30-11-1984 made by the Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 46 of 1980.2. It is not in dispute that on 24-5-80 when the deceased Babulal was travelling as a passenger in the bus bearing registration number C.P.F. 9160 owned by the M.P.S.R.T.C. Bhopal and driven by its driver the respondent No. 2 Nanuram, he sustained injury on his head and on his face as a result of those parts of his body coming into contact with a piece of wood protruding from a bullock-cart while the bus was crossing the same near Harkhyakhal-Neemuch-Mhow road. Subsequently as a result of the injuries, Babulal met his death. An ex gratia payment of Rs. 1000/- has been made to the appellants.3. The appellant No. 5 is the mother of the deceased Babulal. The appellants 1 to 4 are his minor children. They along with Gangabai the widow of the deceased who ...
State of Madhya Pradesh and ors. Vs. Ram Prakash Sharma and ors.
Court: Madhya Pradesh
Decided on: Oct-07-1988
Reported in: (1990)ILLJ551MP
T.N. Singh, J.1. The employers are the petitioners who came to this Court on 22nd April, 1988 challenging validity of order passed in appeal by the Industrial Tribunal (Court) and also the order passed by Labour Court No.3, Gwalior which was challenged in appeal unsuccessfully. Before the petition could be listed for hearing on admission, on behalf of the employee/respondent, an application I.A.III was field praying for dismissal of the writ petition in limine. Subsequently, respondent also filed a full and complete return and therein he answered the several pleas agitated in the writ petition and he has also brought on record the entire case-history. The averments made in the return have remained uncontroverted.2. During the course of hearing, it was fairly submitted by respondent's counsel Shri Upadhyaya that two courses are open to us in disposing of this petition. He submitted that the question of applicability or otherwise of M.P.Industrial Relations Act, 1960, for short, 'M.P.I.R...
Bharat Heavy Electricals Labour Union Vs. Bharat Heavy Electricals Ltd ...
Court: Madhya Pradesh
Decided on: Oct-07-1988
Reported in: (1989)IILLJ502MP; 1989MPLJ183
Faizanuddin, J.1. This is a petition under Article 226 of the Constitution filed by one of the Trade Unions, representing the workers employed with the respondent, a limited Company, constituted under the Companies Act, 1956, for issuance of a writ in the nature of mandamus declaring the Standing Order No. 53 as violative of Article 14 of the Constitution as well as to quash the order Annexure 'A passed by the respondent terminating the services of M.V. Bargath under the aforesaid Standing Order.2. One M.V. Bargath was employed as an Artisan Grade III, in the respondent Company. According to the petitioner, there was an agitation by the employees of the respondent Company in respect of the revision of pay scales etc., and the employees had gone on strike from 10th April, 1983 to 13th April 1983. M.V. Bargath who was Artisan Grade III, was an active union worker as well as Office-Bearer of the petitioner Union. In order to victimise M.V. Bargath, for taking active part in the union, his...
Commissioner of Income-tax Vs. Vijay Transport Co.
Court: Madhya Pradesh
Decided on: Oct-06-1988
Reported in: [1989]175ITR589(MP)
G.G. Sohani, Actg. C.J.1. As directed by this court, the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the true nature of the transaction dated March 24, 1955, was that of an exchange and not of sale and consequently in deleting the addition of Rs. 68,821, which was added as profit under the second proviso to Section 10(2)(vii) of the Indian Income-tax Act, 1922 ?'The material facts giving rise to this reference briefly are as follows : During the previous year relevant to the assessment year 1966-67, the assessee-firm entered into an agreement with the Combined Transport Services Pvt. Ltd., whereby the buses run by the assessee-firm were taken over by the company for an agreed consideration. This transaction was treated as sale by the Income-tax Officer and the difference between the written down...
Kalpana Industries Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Oct-06-1988
Reported in: [1989]73STC124(MP)
K.M. Agarwal, J.1. By this reference under Section 44(1) of the M.P. General Sales Tax Act, 1958 (for short, the 'Act'), at the instance of the assessee, the Tribunal has referred the following question of law to this Court for its decision :Whether, under the facts and circumstances of the case, the Board of Revenue was justified in holding that all intermediate processes involved in the manufacture of goods must take place in Madhya Pradesh for claiming concession under sub- Section (1) of Section 8 of the M.P. General Sales Tax Act, 1958 2. The assessee is engaged in the business of manufacturing tungsten filaments and lead in wires in its registration certificate (sic). Wires, copper and brass in all forms were mentioned as raw materials for the manufacture of electrodes and filaments. During the assessment period 7th November, 1972 to 25th October, 1973 the assessee purchased copper rivets from the registered dealers on declaration in form XII-A and sent them to Bombay for convers...
Sumera Vs. Madanlal and ors.
Court: Madhya Pradesh
Decided on: Oct-05-1988
Reported in: AIR1989MP224
ORDER1. Heard counsel.2. The following passage is read out to us by Shri Ramji Sharma appearing for Respondent No. 1, from the judgment of their Lordships of the Supreme Court in the case of Rani Choudhury, AIR 1982 SC 1397 from para 3 of the report : --'By enacting the Explanation, Parliament left it open to the defendant to apply under Rule 13 of Order 9 for setting aside an ex parte decree only if the defendant had opted not to appeal against the ex parte decree or, in the case where he had preferred an appeal, the appeal had been withdrawn by him. The withdrawal of the appeal was tantamount to effacing it. It obliged the defendant to decide whether he would prefer an adjudication by the appellate Court on the merits of the decree or have the decree set aside by the trial Court under Rule 13, Order 9. The legislative attempt incorporated in the Explanation was to discourage a two-pronged attack on the decree and to confine the defendant to a single course of action. If he did not wi...
Nisar Fatima and ors. Vs. M.P. State Road Transport Corporation and or ...
Court: Madhya Pradesh
Decided on: Oct-05-1988
Reported in: 1990(0)MPLJ437
ORDERR.C. Lahoti, J.1. Human life is invaluable but the Tribunal has held it has no value. A claim petition has been dismissed by the Motor Accidents Claims Tribunal holding that a sole bread earner of a family of four grown-ups has not been proved to be earning anything. In appeal, this much is only under challenge.2. It has been found proved by the Tribunal that on 4-8-1975 late Sadaqat Hussain, aged 40 years, was travelling in a bus owned by respondent No. 1 and driven by respondent No. 2. It met with an accident, occasioned by grossly negligent act of the driver resulting into instantaneous death of Sadaqat Hussain. The Tribunal also held that the deceased would have lived for another 20 years, had he not died an untimely death because the life expectancy could reasonably be fixed at 60. These findings are in favour of the claimants who are related to the deceased respectively as widow-mother, brother who has just come up of age and sister unmarried but of a marriageable age. The c...
Nisar Fatima and ors. Vs. Madhya Pradesh State Road Trans. Corpn. and ...
Court: Madhya Pradesh
Decided on: Oct-05-1988
Reported in: 1990ACJ1100
R.C. Lahoti, J. 1. Human life is invaluable but the Tribunal has held it has no value. A claim petition has been dismissed by the Motor Accidents Claims Tribunal holding that a sole bread-earner of a family of four grown-ups has not been proved to be earning anything. In appeal, this much is only under challenge.2. It has been found proved by the Tribunal that on 4.8.1975 late Sadaqat Hussain, aged 40 years, was travelling in a bus owned by respondent No. 1 and driven by respondent No. 2. It met with an accident, occasioned by grossly negligent act of the driver resulting in instantaneous death of Sadaqat Hussain. The Tribunal also held that the deceased would have lived for another 20 years, had he not died an untimely death because the life expectancy could reasonably be fixed at 60. These findings are in favour of the claimants who are related to the deceased respectively as widow-mother, brother who has just come of age and sister unmarried but of a marriageable age. The claimants/...
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