Madhya Pradesh Court February 1988 Judgments
indore Wire Co. Ltd., Bombay Vs. Kalyandas (Deceased by L.R.) and ors.
Court: Madhya Pradesh
Decided on: Feb-29-1988
Reported in: AIR1989MP43
V.D. Gyani, J. 1. This is a plaintiffs first appeal Under Section 96, CPC, directed against the trial Court's judgment and decree dated 9-3-1971, passed by the 2nd Addl. District Judge, Indore (decree subsequently modified on 11-3-1971), in Civil Suit No. 18A of 1967, dismissing the suit, but later on decreeing it to the extent of Rs. 5000/- only. 2. Plaintiff filed a suit for recovery of Rs. 10,000/- paid as earnest money, claiming interest at 6% per annum, against the defendant-respondents alleging breach of contract against them. 3. Plaintiffs case was that the defendant-respondent M/s. Jasrup Baijnath entered intoa contract with the appellant on 31st May1962, agreeing to sell lease hold rights in theproperty, as detailed in para. 3 of the plaint,with structures and construction standingthereon, for Rs. 1,15,000/-. The agreementwas signed by defendant No. 1, KalyandasBaheti, as the manager and Karta of the jointHindu family, carrying on business in thename of M/s. Jasrup Baijnath. P...
Tag this Judgment!Smt. Anupama and ors. Vs. Laxman Rao and ors.
Court: Madhya Pradesh
Decided on: Feb-23-1988
Reported in: I(1990)ACC520
P.D. Mulye, J. 1. This judgment shall also govern the disposal of M.A.No.33 of 1982 The Oriental Fire and General Insurance Co Ltd. v. Smt. Anupama and Ors.as both these appeals are directed against the same award dated 12th October,81 given by the Accident Claims Tribunal, Dhar in claim case No. 3 of 1980.2. M.A.No.25 of 82 has been filed by the claimants for enhancement of compensation, whereas M.A.NO.33 of 1982 has been filed by the Insurance Company challenging their liability for the entire amount of compensation as awarded by the Tribunal.3. The facts giving rise to these appeals, which are no longer in dispute and as found proved, may be stated, in brief, thus : B us number CPF9187 is owned by the Indian Tourism Development Corporation, of which on the relevant day of the accident, which took place on 24.6.79, Laxman Rao was the driver in the employment of the Indian Tourism Development Corporation. The said bus was insured with the Oriental Fire and General Insurance Company Li...
Tag this Judgment!Anupama and ors. Vs. Laxmanrao and ors.
Court: Madhya Pradesh
Decided on: Feb-23-1988
Reported in: 2(1988)ACC237; 1988MPLJ526
P.D. Mulye, J.1. This judgment shall also govern the disposal of M.A. No. 33 of 1982 The Oriental Fire and General Insurance Co. Ltd. v. Smt. Anupama and Ors. as both these appeals are directed against the sami award dated 12th October,'81 given by the Accident Claims Tribunal, Dhar in Claim Case No. 3 of 1980.2. M.A. No. 25 of 82 has been filed by the claimants for enhancement of compensation, whereas M.A. No. 33 of 1982 has been filed by the Insurance Company challenging their liability for the entire amount of compensation as awarded by the Tribunal. 3. The facts giving rise to these appeals, which are no longer in dispute and as found proved, may be stated, in brief, thus : Bus number CPF 9187 is owned by the Indian Tourism Development Corporation, of which on the relevant day of the accident, which took place on 24 6-1979, Laxman Rao was driver in the employment of the Indian Tourism Development Corporation. The said bus was insured with the Oriental Fire and General Insurance Com...
Tag this Judgment!Ravi Shankar Pandey Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Feb-22-1988
Reported in: AIR1990MP1
C.P. Sen, J.1. In this writ petition, the petitioner, who was a final year student in the Engineering College. Rewa, in challenging cancellation of his admission in the 5th year in the Rewa Engineering College, by order dt. 29-1-1985 by the Principal of the Rewa, Engineering College, and also the order dt. 11-3-1985, of the Ravi Shankar Vishwa-vidyalaya. Raipur, cancelling the result of the 1st year of the Bachelor of Engineering from the Raipur Engineering College.2. The petitioner's case is that he passed the. Higher Secondary School Certificate Examination in 1st Division in the year 1978.He did his B.Sc. (Part I) in 2nd Division in 1979., and B.Sc. (Part II) in 1980 in 1st Division. Thereafter, he applied for admission in the 1st year of Bachelor of Engineering in any of the Engineering Colleges in the State in accordance with the rules of admission published in the year 1980-81. He was selected and given admission in the Engineering College. Raipur. He passed 1st year examination ...
Tag this Judgment!Ashok Kohli Vs. Prakashchand JaIn and ors.
Court: Madhya Pradesh
Decided on: Feb-21-1988
Reported in: 1(1989)ACC202
R.C. Shrivastava, J.1. This petition is for revision of an order dated 10-3-1988 whereby, in motor accident claim case No. 4 of 1987, Motor Accidents Claims Tribunal, Ashoknagar, District Guna, dismissed the petitioner's application for stay of the case Under Section 151 of the Code of Civil Procedure.2. The said case was the out-come of an application filed by the respondents 1 and 2 against the petitioner and the remaining two respondents for award of compensation Under Section 110-A of the Motor Vehicles Act. The Motor Vehicle in question was alleged to have been driven by the petitioner, owned by the respondent No. 3 and insured with the respondent No. 4. The accident was alleged to have occurred due to negligence of the petitioner in use of the motor vehicle as its driver. A criminal case for an alleged offence punishable Under Section 304A of the Indian Penal Code was also instituted against the petitioner in respect of the same incident. That criminal case is still pending. Befo...
Tag this Judgment!Chandan Wood Products Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-15-1988
Reported in: (1988)71CTR(MP)62; [1988]173ITR585(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as ' the Act'), the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following questions to this court for its opinion :'(i) Whether the Tribunal was right in holding that the word 'forward' used in Section 144B(1) of the Income-tax Act, 1961, does not mean 'serve' ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessment made by the Income-tax Officer for the assessment year 1978-79 after recourse to Section 144B of the Income-tax Act was within time?' The material facts giving rise to this reference, briefly, are as follows:The assessee is assessed in the status of a registered firm. For the assessment year 1978-79, the accounting year for which ended on March 31, 1978, the assessee filed its return on July 31, 1978. As the Income-tax Officer proposed to make an addition exceeding Rs. ...
Tag this Judgment!Tulsiram Dewas Vs. Bhagwan Dewas
Court: Madhya Pradesh
Decided on: Feb-15-1988
Reported in: (1995)IIILLJ24MP
V.D. Gyani, J. 1. This miscellaneous appeal under section 30 of the Workmen's Compensation Act is directed against the order dated 20.12.1979 passed by the Commissioner for Workmen's Compensation, Indore in case No. 57 of 77, dismissing the appellant's claim for compensation on the ground that he failed to prove that the injury was caused during the course of his employment with the respondent, although it has been found as a fact that the injury sustained by the appellant's hand, while working on the thrasher resulted in loss of earning capacity to the extent of 60%, thus entitling the appellant to claim compensation as per item No. 4 of Schedule I, Part II of the Workmen's Compensation Act.2. Thus, the short question involved in this appeal is whether the appellant was in the employment of the respondent, when he sustained the injury on 13.4.1976 while working on respondent's thrasher. The respondent while admitting the fact that injury was caused, while the appellant was working on ...
Tag this Judgment!Shiv Prasad Vs. M.P. State Road Transport Corporation
Court: Madhya Pradesh
Decided on: Feb-15-1988
Reported in: I(1988)ACC480
B.M. Lal, J.1. Claimant Shiv Prasad filed the claim petition against M.P. Road Transport Corporation (hereinafter referred to as the MPSRTC) and two others claiming compensation to the tune of Rs. 2,96,000/- for the injuries he sustained during the course of the accident.2. In short: his case is that in MPSRTC Truck bearing registration No. CPJ 8815 he was employed as a loader. On the date of accident i.e. on 31-1-1982 at about 3 00 p.m. while returning from village Pachdhar, Tehsil and District Seoni to Khurai, the driver respondent No 2 Rishi Kumar unauthorised handed over the truck to respondent No. 3. Devendra Singh for driving from village Khwasha. It is alleged that Devendra Singh drove the vehicle at a very high speed rashly and negligently without caring for the lives of coolies aboard the truck. Finally be could not control the vehicle because of excessive speed and while passing a truck coming from opposite direction, it dashed against the culvert dug by the Public Works Depa...
Tag this Judgment!New India Assurance Company Ltd. Vs. Bhukhan and ors.
Court: Madhya Pradesh
Decided on: Feb-15-1988
Reported in: 1(1989)ACC320
B.M. Lal, J.1. This appeal under Section 30 of the Workmen's Compensation Act 1923 (hereinafter referred to as the Act) is filed by the insurer against the award dated 13-12-1982 passed by the Commissioner for Workmen's Compensation, Raipur (in short the Commissioner).2. One Smt. Chamrin Bai was in the employment of Seth Oil Mills, Respondent No. 5. She died on 26-8-1980 during the course of her employment. This fact is not disputed that the deceased Chamrin Bai was employed by the Respondent No. 5 as 'Reja' for loading and unloading in their truck No. CPH 8748 which was insured with the appellant Insurance Company. The said truck met with an accident on 26-8-1980 at Fafadin Railway Crossing, Raipur, in which Chamrin Bai died.3. On these facts the respondents No. 1 to 4 filed application claiming an amount of Rs. 17,280/- towards compensation before the learned Commissioner. They pleaded that the deceased Chamrin Bai was the wife of Respondent No. 1 and mother of Respondents No. 2 to 4...
Tag this Judgment!Jahar Singh and anr. Etc. Vs. Collector, Shivpuri District and ors.
Court: Madhya Pradesh
Decided on: Feb-10-1988
Reported in: AIR1988MP311
Dr. T.N. Singh, J.1. These two matters we heard together because a common question of some importance bearing on the interpretation of a benignant statute is involved in these cases.2. Petitioners in both cases have a common grievance that the private respondent, namely, respondent No. 3 in each case, was not entitled to avail the benefit of the Madhya Pradesh Samaj ke Kamjor Vargon Ke Krishi Bhumi-Dharakon ka Udhar Dene Walon ke Bhumi Hadapane Sambandhi Kuchkron Se paritran Tatha Mukti Adhiniyam, 1976, for short, the 'Adhiniyam', for several reasons. However, the common contention of law in both cases is that the Adhiniyam must be read as a Temporary Enactment and not Perpetual one, or, in other words, enacted with a limited life, which has expired More precisely, Shri Arun Mishra, appearing for the petitioners, has contended, the adhiniyam was meant to take care of certain past transactions and it had accordingly merely retrospective operation, in respect of a specified 'time-zone'.3...
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