Madhya Pradesh Court July 1988 Judgments
Divisional Engineer M.P. Electricity Board and anr. Vs. Mantobai
Court: Madhya Pradesh
Decided on: Jul-30-1988
Reported in: II(1989)ACC491; (1990)ILLJ25MP; 1989MPLJ28
T.N. Singh, J.1. Respondent figured as the co-claimant with her three minor children aged between 10 years and 3 years in preferring claim for compensation against the appellants before the ommissioner for Workmen's Compensation, Gwalior. Her husband was in service of M.P. Electricity Board, (herein appellant No. 2) and he met his death on 7th October 1984 in a fatal accident that took place on that date. Her claim was accepted and an award was passed against the appellants for payment to the claimants of a sum of Rs. 20,798/- as compensation and a further sum of Rs. 1,000/- as penalty. By the same award, interest at the rate of 6 per cent per annum from the date of claim was also ordered to be paid.2. This appeal, filed under Section 30 of the Workmen's Compensation Act, 1923, for short, the 'W.C. Act' or 'Act', was heard by one of us (Dr. T.N. Singh, J), sitting singly and on an order having been made at the time of admission of the appeal itself for the hearing to be expedited, care...
Tag this Judgment!Abdul Hamid Vs. the Gwalior Rayon Silk Mfg. (Wvg) Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1988
Reported in: 1989CriLJ2013
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the order dated 3-1-1987 passed by the learned Sub-Divisional Magistrate, Khachrod in Criminal Case No. 1 of 1985 whereby the petitioner's application under Section 133 of the Criminal Procedure Code, 1973 (for short 'the Code') has been dismissed.2. Circumstances giving rise to the revision petition are these. The petitioner laid information for action under Section 133 of the Code before the learned S.D.M. on the following allegations. The Gwalior Rayon Silk Manufacturing & Weaving company, Indi Bhai Parikh and 18 others connected with the Grasim, the chemical factories and the hospital run by the Janseva Trust are responsible for polluting the air as also the water of river Chambal near Birlagram and this has led to the death of children, animals and the water-creatures. It was also stated that the pollution causes various deceases among the people and crops are also damaged,3. The non-applicants opposed ' the pe...
Tag this Judgment!Ajitsingh and anr. Vs. Bhagwanlal Master and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1988
Reported in: AIR1989MP302; 1989MPLJ6
Dr. T.N. Singh, J.1. A learned single Judge of this Court has referred the following question of law for opinion of this Bench :'Whether the present appeal, as a second appeal, lies to the High Court or not, in the particular circumstances of the case as set out in paras 6 and 7 above.'2. In view of the terms of reference, it has become necessary for us to quote also paras 6 and 7 of the order of reference:'6. Now, in the present appeal the factsare: the learned appellate Judge dismissedthe appellants' application, purporting to beunder Order 41, Rule 3A, C. P. Code read withSec. 5 of the Limitation Act and then madethe following observations in the ordersheet:-- 'Since the appeal by the order of I.A. No. 2, has been held to have been filed after prescribed period of limitation, the same is also dismissed automatically.'7. No decree was ordered to be drawn up and when the appellant made an application for drawing up of a decree the Court rejected the application after observing that th...
Tag this Judgment!Meera Bai and ors. Vs. Mishri Lal and ors.
Court: Madhya Pradesh
Decided on: Jul-29-1988
Reported in: II(1989)ACC230; 1990ACJ166
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 2.3.1981 made by the Member, Motor Accidents Claims Tribunal, Dewas (for short 'the Tribunal') in Claim Case No. 14 of 1978, the old number being 78 of 1974.2. For the purpose of this appeal it is not in dispute that the deceased Mitthu Lal, aged 24 years, was working in the accident truck bearing registration No. MPE 3625 on daily wages. This truck, on 11.8.1973 at about 10.30 a.m., was stuck in the mud near Bank Note Press, Dewas. In order to pull it out, the accident truck bearing registration No. MPE 8775 which belonged to the respondent Mishri Lal and the deceased respondent Champa Lal, was brought on the scene. At the relevant time the respondent No. 3 Udai Lal was its driver and it was insured with respondent No. 4 against third party risk.3. According to the appellants, after the task was over, Udai Lal in order to give the stationary ...
Tag this Judgment!Parmanandbhai Patel Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Jul-28-1988
Reported in: [1989]177ITR339(MP)
C.P. Sen, J.1. This is a reference under Section 27(1) of the Wealth-tax Act, by the Income-tax Appellate Tribunal, at the instance of the asses-see, for the opinion of this court, to answer the following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the value of the assessee's share in the goodwill of the firm, Mohanlal Hargovinddas, for the use of which he was getting a sum of Rs. 50,000 per annum in terms of the agreement dated October 24, 1963, was includible in the assessee's wealth for assessment years 1964-65 to 1974-75 ?'2. Mohanlal Hargovinddas is an old firm manufacturing bidis and is one of the largest concerns of its kind in India. The firm had undergone several changes in its constitution. Smt. Jadav Bai, mother of the assessee, was a partner in the firm and she died in the year 1961. On her death, the value of the goodwill of the firm was taken at Rs. 36,00,000 in the estate duty assessment of h...
Tag this Judgment!Madhu Vs. Narendra Kumar and ors.
Court: Madhya Pradesh
Decided on: Jul-28-1988
Reported in: I(1989)ACC187; 1990ACJ158
S.K. Dubey, J.1. A young girl aged about 12 years met with an accident on 3.1.1980, while she was playing in front of her house. A scooter driver came on his scooter No. MPN 6991 and dashed the girl, as a result of which the girl received injuries-abrasions and a compound fracture in right knee joint at end of the tibia. She remained under treatment and under plaster for about 1/2 months. An application under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act') was filed through her father, the natural guardian, on 9.7.1980. After the trial, the Tribunal held that the application is barred by time by four days. Though the Tribunal awarded a compensation of Rs. 2,000/- for the injuries but dismissed the claim as barred by time. The respondent No. 3, the insurance company, was exonerated because the policy was not proved by the owner of the vehicle, respondent No. 1.2. The claimant has come before this court under Section 110-D of the Act, aggrieved of the dismissal of the...
Tag this Judgment!Steel Authority of India Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Jul-25-1988
Reported in: [1988]71STC344(MP)
G.G. Sohani, Ag. C.J. 1. By this reference under Section 44 of the M. P. General Sales Tax Act, 1958 (hereinafter referred to as 'the Act'), the Board of Revenue has referred the following questions of law to this Court for its opinion:1. Whether under the facts and circumstances of the case, the sales amounting to Rs. 1,21,96,490 were sales in the course of export out of the territory of India under Section 5(1) of the Central Sales Tax Act.2. Whether under the facts and circumstances of the case, while holding that transfer of documents of title, i.e., bill of lading took place when the goods have crossed the customs frontiers, the Tribunal was justified to hold that in order to attract second limb of Section 5(1) of the Central Sales Tax Act, the goods should move out of the territory of India under a contract between a foreign buyer and the assessee.3. Whether under the facts and circumstances of the case, the sales amounting to Rs. 54,25,669 were sales in the course of export to P...
Tag this Judgment!Chhatisgarh Hydrade Lime Industries, Bilaspur Vs. Special Area Develop ...
Court: Madhya Pradesh
Decided on: Jul-22-1988
Reported in: AIR1989MP82; 1989MPLJ63
C.P. Sen, J. 1. The petitioner, a registered partnership firm, is seeking quashing of cancellation of the No Objection Certificate issued earlier by the respondent 2 and also seeking issue of No Objection Certificate by the respondents 1 and 2 to it for manufacture of Hydrated lime in its factory in the industrial area of Korba and to prohibit the respondent 1 from interfering with the manufacture of Hydrated lime.2. Korba in Katghora tahsil of district Bilaspur has developed into an industrial township, initially having a population of 30,000 or so in the year 1963-64. About 700 acres of forest land was transferred to the Industries Department for establishment of various other industries in addition to the industries which already existed in the year 1974-75. In the year 1976 the State Government constituted Special Area Development Authority, Korba (SADA), respondent 1 under Section 64 of M. P. Nagar Tatha Gram Nivesli Adhiniyam, 1973, and it was empowered to perform the functions o...
Tag this Judgment!Prakash Chand Gaikwad Vs. Ratna Prabha and anr.
Court: Madhya Pradesh
Decided on: Jul-22-1988
Reported in: II(1990)DMC251
B.M. Lal, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1956 (hereinafter referred to as the Act) is filed by the husband.2. The appellant brought an action under Section 13 of the Act seeking a decree for divorce against the respondent/wife on the ground of adultery.3. In short, the appellant-plaintiff's case is that the parties are Hindus. Appellant's marriage with respondent No. 1 Smt. Ratna Prabha was solemnised according to the custom and Ritis prevalent in their caste in the year 1968. They both lived at Bhopal and the spouse was blessed with three issues. Appellant stated that Smt. Ratna Prabha-wife deserted him without any excuse on 10th of June, 1978; and all the attempts made by him to bring her to matrimonial home resulted in futile. It is further submitted that she is leading a adulterous life with one Dr. Dafal - respondent No. 2, who was Assistant Superintendent of Hamidia Hospital, Bhopal, and residing in Arera Colony. He, therefore, prayed for a decree of...
Tag this Judgment!Shyam Sunder Vs. Hudibai and ors.
Court: Madhya Pradesh
Decided on: Jul-21-1988
Reported in: AIR1989MP316
S.N. Awasthi, J. 1. This is plaintiffs' second appeal.2. The plaintiffs' suit for possession of 8 survey numbers mentioned in the plaint and for account has been dismissed by the trial Court as well as by the first appellate Court. Hence this second appeal.2-A. Anandi Prasad and Ranjit Singh were tenants of survey numbers mentioned in the plaint. They granted a Patta to defendants 1, 2 and 3 who were members of joint Hindu family. The question involved in this suit is : whether the Patta creates sub-tenancy in favour of the defendants. The plaintiffs' contention is that it was not sub-lease but merely a partnership. Hence sub-tenancy was not created.3. The Zamindari in Madhya Bharat was abolished on 2-10-1951. The defendants made application before-the revenue authorities on 27-4-1953 stating therein that tenancy right has been acquired by them under Section 38 of that Act. The plaintiffs' case is that there had been a partition between Anandi Prasad and Ranjit Singh, The name of Anand...
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