Madhya Pradesh Court June 1993 Judgments
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Controller of Estate Duty Vs. Madhusudan Das Malpani
Court: Madhya Pradesh
Decided on: Jun-30-1993
Reported in: 1994(0)MPLJ48
D.M. Dharmadhikari, J.1. The following questions of law have been referred by the Income-tax Tribunal, for our opinion, under Section 64(3) of the Estate Duty Act, 1953 (hereinafter referred to as 'the Act') :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that there is no finding of the Supreme Court in Madhusudan Das v. Narayani Bai : [1983]1SCR851 , about the validity of the trust known as Mannulal Jagannathadas Trust and(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in rejecting the application for rectification of its order dated February 28, 1979, in spite of the above decision of the Supreme Court ?'2. The above questions arise on the following facts. Seth Jagannath Das was alive when his wife, Premwati, died issueless on September 24, 1951. It was claimed by one of the accountable persons, namely, Madhusudan Das, that he had been adopted by Seth Jagannath Das as his son, a day pri...
Sarnamsingh Kushwaha Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jun-30-1993
Reported in: 1994(0)MPLJ129
ORDERR.D. Shukla, J.1. The petitioner challenges the prosecution of him self and respondents Nos. 2 to 6 under Sections 395, 396, 302, 147, 148, 149 of Indian Penal Code for having committed murder of Narendrasingh s/o Madansingh, Ushadevi w/o Narendrasingh,' Mandansingh s/o Onkarsingh, Devendrasingh s/o Madansingh, Surendrasingh s/o Madansingh, Mahendra- singh @ Bantu s/o Madansingh and Manoramabai w/o Madansingh.2. It is alleged that the crime against them was registered on the basis of Dehati Nalishi in Police Station Kayatha and after investigation on the basis of Crime No. 73/90 a challan under sections referred above of Indian Penal Code and Sections 25 read with 26 of Arms Act was filed against them before the Magistrate, which has been committed in due course and was registered as Sessions Trial. The Sessions Trial thereafter has been transferred from District Ujjain to District Dewas and is pending before the Sessions Judge, Dewas as Sessions Trial No. 233/90.3. The contention...
Ambika Srivastava Vs. Madhya Pradesh State and ors.
Court: Madhya Pradesh
Decided on: Jun-30-1993
Reported in: 1994ACJ219
R.C. Lahoti, J.1. This is a claimant s appeal under Section 110-D of the Motor Vehicles Act, 1939, seeking enhancement in the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Gwalior.2. The Claims Tribunal has found that on 10.5.1984 at about 12.45 p.m., the appellant was a passenger in a Tempo which was dashed against by a jeep owned by the respondent No. 1, allotted to respondent No. 2 and driven by the respondent No. 3 at the material time. It was the rash and negligent driving of the driver which was the cause of the accident. The appellant was serving as a draftsman in M.P. P.W.D. and drawing Rs. 755/- per month by way of salary. She was aged 21. The Tribunal has awarded Rs. 10,000/- for the medical expenses, Rs. 3,000/- for special diet, Rs. 2,000/- for mental pain and suffering, Rs. 7,500/- for loss of efficiency and Rs. 4,000/- for loss of future prospects. The total compensation of Rs. 26,500/- has been awarded payable by the respondent Nos. 1, 2 and 3 w...
Lokendra Singh Vs. Hayatkhan and ors.
Court: Madhya Pradesh
Decided on: Jun-30-1993
Reported in: 2(1993)ACC529
A.R. Tiwari, J.1. This miscellaneous appeal filed under Section 110-D of the Motor Vehicles Act is directed against the Award dated 21st October, 1983 passed by the Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 19/81, thereby rejecting the claim petition.2. Briefly stated the facts of the case are that the truck bearing registration No. CPF 8081 was owned by respondent No. 2 (Amritlal). At the relevant time, it was driven by Hayatkhan (deceased). This Hayatkhan drove the truck rashly and negligently as a result of which truck turned turtle. Hayatkhan also died in this accident. In this accident, one Narwarsingh also died and the appellant-claimant suffered injuries. He was also sitting in this truck. The Tribunal found that the truck was not driven rashly and negligently and on this ground the claim petition was dismissed. Aggrieved by this order, the claimant has preferred this appeal.3. I have heard Sri S.S. Garg, learned Counsel for the appellant and Sri A.H. Kha...
Sardar Manmohan Singh Vs. Sahadi
Court: Madhya Pradesh
Decided on: Jun-30-1993
Reported in: 1(1994)ACC17
A.R. Tiwari, J.1. This Misc. Appeal, preferred under Section 110(D) of the Motor Vehicles Act (for short the Act), is directed against the award dated 2.1.1984 delivered by the Member, Motor Accidents Claims Tribunal, West Nimar, Mandleshwar in Claim Case No. 49/80.2. The factual matrix in brief is that the claimant Sahadi (Respondent No. 1) is a Adiwasi woman. The owner and driver of the vehicle were ex-parte before the Tribunal. The vehicle bearing Registration No. MPM-3961 was insured with the Appellant No. 2, the National Insurance Co. Ltd., Indore. On 5.3.1980, the claimant was proceeding in a bullock cart Between Sendhwa and Sirpur on Bombay-Agra Road the aforesaid truck came from opposite direction and dashed against the bullock cart; as a result of which the claimant suffered injuries. The claimant presented the claim petition for compensation of Rs. 30,000/- together with interest. The liability was denied by the National Insurance Co. On evaluation of the evidence the Tribuna...
Madhumilan Syntex Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jun-29-1993
Reported in: 1993(44)ECC7; 1993(68)ELT72(MP)
V.S. Kokje, J.1. The petitioner No. 1 is a Company manufacturing spun yarn, an excisable item under the Central Excises and Salts Act, 1944 (hereafter referred to as 'the Act'). The petitioner No. 2 is the Managing Director of the petitioner No. 1 Company. In this petition a show cause notice dated 1-5-1992 issued by the Assistant Collector, Central Excise, Ujjain is under challenge. Earlier a petition (Misc. Petition No. 512/90) was filed in this Court, which was disposed of on agreed terms.2. Immediately after the aforesaid case was disposed of on 25-4-1992, on 1-5-1992 the Assistant Collector Excise, Ujjain issued the impugned show-cause notice. The observations made in Misc. Petition No. 512/90 were referred to in the show cause notice and petitioner were called upon to show cause as to why amendment to classification list No. 4 of 1987 with effect from 25-7-1991 should not be made and as to why assessment for the period 25-7-1991 to 29-2-1992 and from 1-3-1992 onwards should not b...
Kailash Chandra Bansal Vs. Bhartiya Bus Co. and ors.
Court: Madhya Pradesh
Decided on: Jun-29-1993
Reported in: 1(1994)ACC96
R.D. Shukla, J.1. The applicant injured has filed this appeal for enhancement of compensation against the judgment and Award dated 3.1.85 of the Motor Accidents Claims Tribunal, Ratlam passed in Claim Case No. 8/75 whereby he was awarded Rs. 37,840.00 paise with interest @ 4% as compensation for injuries, loss of income, cost of medicines and general damages for the alleged infirmity.2. The brief history of the case is that injured appellant was working as an Assistant Engineer and was coming to Ratlam in the Jeep R.J.B. 849 owned by respondent No. 5. The Jeep was under the control of respondent No. 4 one Surya Kiran was the driver at the relevant time.There was a collision between Motor-bus No. MPM 4471 and the jeep referred above on 20.6.75 between Delanpur and Dhannod. The Motor-bus being taken away from Ratlam to Alot while the motor-jeep was coming from Rajasthan to Ratlam. There was collision between the two motor vehicles. Some persons who were sitting as passengers in the back-...
Manjubala Vs. Lalchand
Court: Madhya Pradesh
Decided on: Jun-26-1993
Reported in: 1(1994)ACC29
A.R. Tiwari, J.1. This miscellaneous appeal presented under Section 110-D of the Motor Vehicles Act is directed against Award dated 6.9.1983 made by the Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 24/82.2. The claimant has prayed for enhancement of the amount.3. Briefly stated the facts of the case are that on 31.7.1982 at about 9.30 a.m. truck bearing registration No. CTK 4377 owned by Lalchand respondent No. 1 and driven by Dinesh Kumar (respondent No. 2) knocked down Manjubala minor daughter aged 7 years of Ratichand. The vehicle was driven rashly and negligently. Kumari Manjubala suffered injuries prodigious in number. There was fracture in her left hand. She had to be hospitalised for about 16 days in the hospital at Jhabua. The claim petition was presented claiming compensation of Rs. 62,000/-. The respondents denied their liability. On evaluation of evidence, the Tribunal passed Award of Rs. 3,000/- against all the respondents together with interest at the ...
Bharat Bhooshan Chawla and ors. Vs. State of Madhya Pradesh, Through T ...
Court: Madhya Pradesh
Decided on: Jun-25-1993
Reported in: AIR1993MP241
ORDER1. Levy of additional tax under the M.P. Motor Vehicles Taxation Act, 1947 is under challenge in this writ petition.2. The petitioners, who are as many as 23, are tempo owners who were plying their tempos (contract carriages) on temporary permits in Gwalior city. The registered seating capacity of their tempos is 7 + 1, i.e. seven passengers plus a driver. The temporary permit under which the petitioners plied their their tempos contained a condition that not more than six passengers shall be carried in the tempo. The R.T.O. (Tax Officer), Gwalior assessed additional tax payable under Section 3-A of the M.P. Motor Vehicles Taxation Act, 1947 on the tempos of the petitioners vide Assessment Orders Annexures 26 and 28 to 49. Feeling aggrieved by the assessment order petitioner No. J Bharat Bhooshan Chawla filed an appeal before Appellate Authority -- Transport Commissioner, Gwalior. His appeal was however dismissed, holding that additional tax was properly levied (See Annexure 27). ...
Moti Marry Vs. Superintendent, Lady ElgIn Hospital and ors.
Court: Madhya Pradesh
Decided on: Jun-25-1993
Reported in: 1993(0)MPLJ628
ORDERGulab C. Gupta, J. 1. This appeal, which is within the jurisdiction of Hon'ble Single Judge of this Court under High Court Rules and Orders, has been placed for consideration of this Division Bench under special circumstances and as a result of reference made by the Hon'ble Single Judge on 3-11-1992.2. The appellant was a contingency paid employee at the Lady Elgin Hospital, Jabalpur and her services were terminated by order dated 28-9-1978 as no longer required. The appellant challenged the legal validity of the said termination by filing a Civil suit before First Civil Judge Class I, Jabalpur where it was subject matter of Civil Suit No. 116-B/79. In her suit, the appellant prayed for a decree declaring her terminatiton illegal and granting all consequential bonefits. The learned trial Judge by its judgment and decree dated 24-12-1982, dismissed the said suit on a finding that the order of termination was not illegal. The appellant thereafter preferred an appeal under Section 96...
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