Madhya Pradesh Court February 1990 Judgments
Hafiz Mohammad Vs. Masoodbi
Court: Madhya Pradesh
Decided on: Feb-28-1990
Reported in: AIR1991MP23; 1991(0)MPLJ161
B.C. Varma, J.1. This further appeal under Section 100, Code of Civil Procedure by the defendant-tenant is against the decree for his eviction from a house. Admittedly, the house was let out to the appellant by the respondent. While this tenancy subsisted, the respondent sold away the house to one Fatimabi, vide sale deed dated 28-3-1981 containing the following stipulation:mDr nqdku ds fdjk;snkj ls mDr nqdku dks [kkyhdjkus ds fy, eSaus vnkyrh dk;Zokgh 'kq: dj nh gS vkSj eSa mDr nqdku dks [kkyhdjkdj ml ij srk dks dCtk ekydkuk nsus dh ftEesnkj gwA blesa esjh tks Hkht:jr iM+sxh eSa mls iwjk d:axhAEven after this alienation, the respondent filed the suit for eviction against the appellant on certain grounds under Section 12(1) of the M.P. Accommodation Control Act, 1961. One of the defences taken by the appellant had been that after divesting herself of all the interests, right and title in the suit accommodation, the respondent could not maintain the suit for eviction against her tenant....
Tag this Judgment!Commissioner of Sales Tax Vs. Uttam Construction Co.
Court: Madhya Pradesh
Decided on: Feb-28-1990
Reported in: [1990]78STC308(MP)
S.K. Jha, C.J.1. A statement of the case has been submitted under Section 44(1) of the M.P. General Sales Tax Act, 1958 (hereinafter referred to as 'the Act'), referring the following question of law to this Court for its opinion :'Whether, in the facts and circumstances of the case, the Tribunal was justified in setting aside the penalty under Section 13 of the Entry Tax Act, read with Section 17(3) of the Madhya Pradesh General Sales Tax Act, on the ground that penalty is leviable only in case of registered dealers and not in case of dealers deemed to be registered under Section 7 of the Madhya Pradesh General Sales Tax Act as the said section is not made applicable under the Entry Tax Act, vide Section 13? '2. The short facts relevant for the disposal of this reference may be culled from the statement of the case itself. The non-applicant, Uttam Construction Co., Khairagarh, undertakes Public Works Department and Irrigation Department contracts. He was assessed under the M.P. Entry ...
Tag this Judgment!Commissioner of Sales Tax Vs. M.P. Auto House
Court: Madhya Pradesh
Decided on: Feb-28-1990
Reported in: [1990]78STC280(MP)
S.K. Jha, C.J.1. By an order dated May 28, 1986, statement of the case has been submitted by the Tribunal (Board of Revenue, M.P., Gwalior), under Section 44(1) of the M.P. General Sales Tax Act, 1958 (hereinafter referred to as 'the Act'). The following question has been referred to this Court for its opinion :'Whether, under the facts and circumstances of the case, the entire amount received by the dealer because of sale of application forms for booking of scooters can be treated as taxable turnover or only the amount retained by the dealer should be so treated excluding the amount passed on by him to the principal ?'2. The relevant facts, as evidenced by the statement of the case itself, may be summed up thus : M.P. Auto House, Hamidia Road, Bhopal, are dealers in scooters, three wheelers, cycles and their parts, etc. They were assessed to sales tax for the period November 1, 1981 to October 31, 1982, by the Regional Assistant Commissioner of Sales Tax, Bhopal, by order dated April ...
Tag this Judgment!Jagdish Vs. Arun Perfumery Works and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1990
Reported in: II(1990)ACC278; 1991ACJ82
R.K. Verma, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Act') filed by the appellant workman against the order dated 19.10.1987 passed by the Commissioner for Workmen's Compensation, Indore in Claim Case No. 171 of 1981 whereby the learned Commissioner has awarded to the appellant a sum of Rs. 3,024/- as compensation.2. The facts giving rise to this appeal, briefly stated, are as follows:On 19.2.1981, the date of the accident, the appellant was driving the delivery-van No. CPB 644 in the course of his employment as a driver of the said vehicle which was owned by respondent No. 3 and engaged in the work of the firm, respondent No. 1. While the van was coming back from Mahidpur to Indore, after making the delivery of goods at Mahidpur, it turned turtle near Sanwer as the driver tried to save a cyclist from accident. As a result of this accident the appellant's right leg got fractured and the appellant had to undergo medical t...
Tag this Judgment!New India Assurance Company Ltd. Vs. Jainbai
Court: Madhya Pradesh
Decided on: Feb-28-1990
Reported in: II(1990)ACC320
ORDERR.J. Verma, J.1. This is an appeal by the Insurance Company against the award dated 27-7-82 made by the Motor Accident Claims Tribunal, Dewas in claim case No. 3/79 whereby the learned Tribunal has awarded a sum of Rs. 14, 500/- as compensation to the claimants in respect of death of three persons viz., Bheru, his wife Balibai and their daughter Raju who third as a result of accident due to collision between the bus bearing registration No. MPU-5104 and the Matador bearing registration No. MPU 6014.2. On 20.7.78, the deceased persons Bheru, Balibai and their daughter Raju were travelling in a loading matador sitting in its hind portion which was hit by the offending bus coming from the opposite direction on Ujjain-Dewas road. As a result of this accident, the leading matadoi was thrown on its left side resulting in the death of all the three above-named occupants the rein-The claimants- applicants Janibai and Chandar who are respectively widow mother of deceased Bheru and minor so...
Tag this Judgment!Kalyan Singh Vs. Vakilsingh and ors.
Court: Madhya Pradesh
Decided on: Feb-22-1990
Reported in: AIR1990MP295
R.C. Lahoti, J. 1. The plaintiff/whose suit for declaration of title, issuance of permanentpreventive injunction and for correction of revenue papers in respect of an agricultural holding has been dismissed by the two courts below, has come up in appeal. 2. The suit property is land survey No. 451 area 2 Bigha 15 Biswas situated at village Kanuapura of Tehsil Lahar, Distt. Bhind. Undisputedly, the land was custodia legis on the date of the institution of the suit as having been attached by the Sub-divisional Magistrate under Section 145/146, Cr. P.C. 3. According to the plaintiff, he acquired title with possession in the suit property from one Jairam s/o Ochhe under a registered sale deed 15-7-1967. However, the defendant has got himself entered in to revenue papers on the basis of an ex parte decree passed in C.O.S. 237A/63 which decree relates to survey No. 421 and not 451. Because the defendant has threatened the plaintiff with dispossession in denial of his/title and relying on the...
Tag this Judgment!Anil Kumar Dhadwaiwale Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-22-1990
Reported in: 1990MPLJ478
ORDERA.G. Qureshi, J.1. This is a petition under Articles 226 and 227 of the Constitution of India for quashing the orders passed by the Board of Revenue and the Joint Registrar. The order of the Board of Revenue Annexure-G has been passed on 26th April, 1989. The parties to that order were the Maharashtra Brahman Sahakari Bank Ltd., Indore and Vasant son of Dattatraya Mooskar, Nandlalpura, Indore.2. It is necessary to state the facts of the case in brief. The last election of the Maharashtra Brahman Sahakari Bank Ltd., Indore (hereinafter called the Bank) took place on 2-2-1986 in which the present petitioner and some other members were elected. On 30-4-1987, six executive members sent their resignations from the Executive Committee whereupon the remaining members co-opted six other members in that vacancy caused by the resignation. Thereafter, on 8-6-1987 the Executive Committee of the Bank was served with an order passed under section 53(13) of the M. P. Co-operative Societies Act (...
Tag this Judgment!Mohammad Ilias Vs. Bodhani Bai and ors.
Court: Madhya Pradesh
Decided on: Feb-21-1990
Reported in: 1991ACJ371; AIR1991MP5; 1991(0)MPLJ119
ORDERB.C. Varma, J.1. This revision arises out of the order dated 29-4-1987, passed by the Motor Accident Claims Tribunal, Raipur, in Claims Case No. 92 of 1986. By that order, the Claims Tribunal awarded a sum of Rs. 15,000/-under Section 92-A of the Motor Vehicles Act, 1939, in favour of the claimants (non-applicants Nos. 1 to 6). However, on observation that the deceased was unauthorisedly travelling in the truck, the Insurance Company has been exonerated from discharging this liability.2. The contention of the truck-owner, who has preferred this revision is that the Insurance Company should also have been jointly made liable under Section 92-A.3. Having heard counsel for the parties, I am of the opinion that the contention is well-founded and the revision must be allowed. Section 92-A of the Motor Vehicles Act is as follows:--'92-A. Liability to pay compensation in certain cases on the principle of no fault.--(1) Where the death or permanent disablement of any person has resulted f...
Tag this Judgment!Mohammad Ilias Vs. Bodhani Bai
Court: Madhya Pradesh
Decided on: Feb-21-1990
Reported in: I(1991)ACC101
B.C. Varma, J.1. This revision arises out of the order dated 29.4.1987, passed by the Motor Accident Claims Tribunal, Raipur, in Claims Case No. 92 of 1986. By that order, the Claims Tribunal awarded a sum of Rs. 15, 000/- under Section 92-A of the Motor Vehicles Act, 1939, in favour of the claimants (non-applicants Nos. 1 to 6). However, on observation that the deceased was unauthorisedly travelling in the truck, the Insurance Co. has been exonerated from discharging this liability.2. The contention of the truck-owner, who has preferred this revision is that the Insurance Company should also have been jointly made liable under Section 92-A.3. Having heard counsel for the parties, I am of the opinion that the contention is well-founded and the revision must be allowed. Section 92-A of the Motor Vehicles Act is as follows:92-A. Liability to pay compensation in certain cases on the principle of no fault:(1) Where the death or permanent disablement of any person has resulted from an accid...
Tag this Judgment!V.D. Balani Bus Service Vs. State Transport Appellate Tribunal and ors ...
Court: Madhya Pradesh
Decided on: Feb-20-1990
Reported in: 1990(0)MPLJ732
ORDERT.N. Singh, J.1. At two levels, same question of jurisdiction arises for decision in this case. The question is, what is the ambit of jurisdiction of a State Transport Appellate Tribunal, for short, STAT (herein, respondent No. 1) under section 90 of the Motor Vehicles Act, 1988, for short, the Act, and whether the impugned order passed by the said respondent is liable to be quashed by writ of certiorari. The question also is whether, sitting at this Bench, we possess the requisite jurisdiction to issue a writ of mandamus against respondent No. 2, Regional Transport Authority, Hoshangabad Division, Bhopal.2. First, few facts which are short and simple. The petitioner firm is engaged in transport business at Itarsi in the district of Hoshangabad of this State. As per . Annexures P/1, P/2, P/3, P/4, he filed on 30-12-1989 four separate applications for operating vehicles on four different routes within the jurisdiction of respondent No. 2. On those routes, he has averred, on tempora...
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