Madhya Pradesh Court September 1995 Judgments
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Lawerance Masih Lal (Dr.) Vs. Chairman, Governing Body, Danielson Coll ...
Court: Madhya Pradesh
Decided on: Sep-26-1995
Reported in: 1996(0)MPLJ717
ORDERD.P.S. Chauhan, J.1. Heard the learned counsel for the petitioner Shri S. Paul.2. Learned counsel for the petitioner submitted that the petitioner was the principal in a college known as Danielson Degree College, Chhindwara. On attaining the age of superannuation i.e. 60 years he was superannuated on 30th November, 1994 but the retirement was given on 30th April, 1995 as the academic session was not complete on 30th November, 1994.In paragraph 5 of the petition it has been stated that considering the good services of the petitioner, the respondent No. 1 Institution decided on an application of the petitioner for grant of his extension of services from 1-5-1995 to 30th June, 1996. From this it is evident that the petitioner moved for extension of his services.3. Learned counsel for the petitioner has not been able to point out any statutory provision which could be enforced by means of this petition under Article 226 of the Constitution of India. Learned counsel submitted that the ...
Omega Alloy Castings Pvt. Ltd. Vs. Commissioner (Appl.), C. Ex.
Court: Madhya Pradesh
Decided on: Sep-26-1995
Reported in: 1998(98)ELT86(MP)
Deepak Verma, J.1. With the consent of the patties, the petition is heard on merits. 2. The petitioner is aggrieved by an order passed by the respondent communicated to it by a telegram. It is mentioned in that telegram that vide order passed on 8-3-1995; wherein it has been found that the petitioner was not able to satisfy the respondents that it had a prima facie case and consequently the petitioner's prayer for stay was rejected. The said telegram has been filed as Ann. P. 6 to the petition.3. Counsel for the petitioner submits that an appeal, was filed under Section 35 of the Central Excises and Salt Act, 1944. Along with the said appeal an application under Section 35F of the Act was also filed praying therein that during the pendency of the appeal the Modvat credit Already availed of by the petitioner may not be recovered. It appears from the perusal of the telegram that the said application of the petitioner has been rejected. Feeling aggrieved by the rejection of the applicatio...
Ramcharan Goyal Vs. United India Insurance Co. Ltd.
Court: Madhya Pradesh
Decided on: Sep-26-1995
Reported in: 1996ACJ141
Tej Shankar, J.1. This appeal has arisen out of order dated 7.7.1994 passed by the First Additional Judge to the Court of District Judge, Shivpuri, whereby the claim of the petitioner for recovery of Rs. 30,000/- has been dismissed.2. Briefly narrated, the facts are that the plaintiff was the owner of bus No. UTB 3891. It was got insured on 13.2.1987 with the defendant and a cover note was issued. It met with an accident on 12.5.1987 when it dashed a culvert in its attempt to save a truck ahead of Pohri in between village Karahal. An intimation in this regard was given in the police station at once and on 13.5.1987 to the inspector of the defendant. On the plaintiff's report a surveyor went on spot on 14.5.1987. On 22.5.1987 a surveyor also went from Gwalior and made a final survey of the bus. The insurance papers, permit, licence, etc., were demanded which were immediately given at the site. The surveyor estimated the claim of Rs. 30,000/- in his report and submitted it to the office ...
M.P. Rajya Parivahan Nigam and anr. Vs. Radhabai and anr.
Court: Madhya Pradesh
Decided on: Sep-26-1995
Reported in: I(1996)ACC286
S.B. Sakrikar, J.1. Appellant/NAs have directed this Misc. Appeal against the award dated 11th April, 1991, rendered by Additional M.A.C.T. Jhabua in Claim Petition No. 15/88, thereby learned Tribunal has partly allowed the Claim Petition of the respondents and awarded the compensation of Rs. 1,96,000/- with interest at the rate of 12% per annum from the date of filing of the application till realisation of the amount, against the appellants.2. The facts of the case, in brief, are that on 17.4.1987,deceasedAshok Kumar Chourasia, husband of respondent No. 1, Smt. Radhabai, was going from Indore to Jhabua, on his bullet motor-cycle bearing Registration No. MBM 5895. When he reached near village Bhura Dabra, passenger bus bearing Registration No. MBH 6901 (Bhopal-Thandla) owned by appellant No. 1, coming from Indore, driven by appellant No. 2 (Nazar Mohammed) rashly and negligently, suddenly hit the motor-cycle of Ashok Kumar Chourasia resulting in accident and ultimately death of Ashok K...
Madhya Pradesh Rajya Beej Avam Farm Vikas Nigam Vs. Shri Durga Transpo ...
Court: Madhya Pradesh
Decided on: Sep-25-1995
Reported in: AIR1996MP208; 1996(0)MPLJ497
R.S. Garg, J. 1. The appellant/plaintiff being aggrieved by the judgment and decree dated 5-7-1991 passed in Civil Suit No. 3-B of 1983 by the II Additional Judge to the Court of the District Judge, Hoshangabad, dismissing the plaintiff's suit, has preferred the present appeal. 2. The brief facts leading to the present appeal are that the plaintiff, which is an undertaking of the State of M. P. constituted under the provisions of the M. P. Beej and Farm Vikas Niganj Adhiniyam, 1980 had given to defendant, for transportation, 160, quintals of wheat seeds worth Rs.36,000/-from Seoni Malwa to jagdalpur vide bilty dated 11-11-1982. The seeds were loaded in the defendant's truck No. CPJ 6463. The defendant did not deliver the goods at Jagdalpur. Therefore, the plaintiff personally informed one Ramadhar of the defendant/ firm regarding non-delivery of the goods with a request that either the costs of the goods be paid or the receipt of the consignee be produced. Various letters dated 22-12-1...
Commissioner of Income-tax Vs. Darshan Talkies
Court: Madhya Pradesh
Decided on: Sep-25-1995
Reported in: [1996]217ITR744(MP)
A.R. Tiwari, J.1. These three applications are filed by the Commissioner of Income-tax, Bhopal, under Section 256(2) of the Income-tax Act, 1961, after refusal to refer the proposed question of law by the Income-tax Appellate Tribunal, Indore, on February 28, 1995, in Reference Applications Nos. 1, 2 and 3/(Ind) of 1989 for the assessment years 1985-86 to 1987-88 arising out of I. T. A. Nos. 365/(Ind) of 1989, 60/(Ind) of 1990 and 763/(Ind) of 1990, respectively.2. The question of law proposed in these applications is reproduced below :'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that Rs. 10,31,455 for the assessment year 1985-86, Rs. 7,80,578 for the assessment year 1986-87, and Rs. 6,58,998 for the assessment year 1987-88, received by the assessee under the Cinema House Subsidy Rules issued by the Government of Madhya Pradesh on October 23, 1982, is a capital receipt and is, therefore, not taxable as a revenue receipt ?'3. T...
Gwalior Distillers Ltd. and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-25-1995
Reported in: 1996(0)MPLJ75
ORDERT.S. Doabia, J.1. Pollution, destruction of scenic beauty, disturbance of the ecology and the environment are some of the demonstrated consequences of Industrial sprawl. If unchecked, it may suffocate the human spirit reducing the people to the status of cattle. It may make the living an almost insufferable burden. If this happens and if there is threat to the aesthetic values then it is possible for the police power of the State to step in so that there is elimination of filth, stench and unhealthy environment. It appears that a step was taken in this regard. An order was passed under Section 144 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). This order which is to outrun its efficacy of two months on 12th of October, 1995, is being challenged in this petition under Article 226 of the Constitution of India as void ab initio. The argument advanced in that for the acts of omission and commission, cognizance cannot be taken under the Code as an exclus...
Maniram and ors. Vs. Mst. Fuleshwar and ors.
Court: Madhya Pradesh
Decided on: Sep-25-1995
Reported in: 1996(0)MPLJ764
V.K. Agarwal, J.1. The learned Single Judge has referred the following question to the Full Bench for decision :- 'Whether a second appeal lies to the High Court if the first appeal is dismissed as barred by limitation after rejection of the application for condonation of delay filed either under Section 5 of the Limitation Act or under Order 41, Rule 3-A of the Civil Procedure Code?'2. The facts leading to the present reference in brief are : that the appellants/plaintiffs had filed a Civil Suit No. 31 -A/1980 for declaration and possession in the Court of Civil Judge, Class-II, Dhamtari, which was dismissed on 27-1-1982. The appellants thereafter filed an appeal registered as Civil Appeal No. 34-A/83 in the Court of IV Addl. Judge to the Court of District Judge, along with an application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal. The said application and the appeal were dismissed by the first appellate Court on 24-10-1986. Thereafter, the ap...
Gwalior Distillers Ltd. and ors. Vs. State of M. P., Through Collector
Court: Madhya Pradesh
Decided on: Sep-25-1995
Reported in: 1996CriLJ2819
T.S. Doabia, J.1. Pollution, destruction of scenic beauty, disturbance of the ecology and the environment are some of the demonstrated consequences of Industrial sprawl. If unchecked, it may suffocate the human spirit reducing the people to the status of cattle. It may make the living an almost insufferable burden. If this happens and if there is threat to the aesthetic values then it is possible for the police power of the State to step in so that there is elimination of filth, stench and unhealthy environment. It appears that a step was taken in this regard. An order was passed under Section 144 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). This order which is to outrun its efficacy of two months on 12th of October, 1995, is being challenged in this petition under Article 226 of the Constitution of India as void ab initio. The argument advanced in that for the acts of omission and commission, cognizance cannot be taken under the Code as an exclusively...
Vidyawati Dubey and ors. Vs. Vidyaram and ors.
Court: Madhya Pradesh
Decided on: Sep-25-1995
Reported in: 2(1996)ACC19
D.M. Dharmadhikari, J.1. This appeal by the claimants under Section 110-D of the Motor Vehicles Act, 1939 (for short, the 'Old Act'), read with Section 173(1) of the Motor Vehicles Act, 1988 (for short, the 'New Act'), has been preferred against the award of the Motor Accident Claims Tribunal, Gwalior (for short, the Tribunal') dated 13.3.1991, seeking enhancement in the quantum of compensation awarded.2. The only facts relevant and need to be mentioned are that deceased Premchand Dubey, who was coming on a scooter (RES 2746) was hit by truck coming from opposite direction (CIM 7445) and as a result thereof Premchand Duby died. He left behind his widow, three sons and three daughters who are claimants in the case. The deceased Premchand Dubey was employed in Food Corporation of India as Assistant Manager. His age was 43 at the time of his death.3. The Tribunal, in para 12 of its Award, computed the total compensation awardable at Rs. 2,52,000/- in the following manner. It held that as ...
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