Madhya Pradesh Court January 1996 Judgments
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Employees' State Insurance Corporation Vs. Dayabhai and Anr.
Court: Madhya Pradesh
Decided on: Jan-05-1996
Reported in: [1996(74)FLR2293]; (1998)IIILLJ993MP
A.R. Tiwari, J.1. The Employees' State Insurance Corporation, Indore, has filed this appeal under Section 82 of the Employees' State Insurance Act, 1948, against the order dated November 7, 1985, passed by the Employees' Insurance Court (Labour Court), Ujjain, in Case No. 43/1982-ESI thereby directing the appellant to pay dependant benefit from November 4, 1981, to November 20, 1982, to respondent No. 1 (Dayabhai) as a legal representative of the dependant, Kashibai, widowed mother of the deceased employee, Ishwarlal.The appeal was admitted by this Court on September 9, 1986, on the under noted substantial question of law :'Whether the legal heirs of a dependant as defined under Section 2(6A) of the Employees' State Insurance Act are entitled to claim the benefit available to the dependant ?'2. The facts lie in a narrow compass. The employee, Ishwarlal, sustained injury on his right hand in the course of employment. He was treatedin insurance hospital but eventually succumbed to death ...
Sudarshan Lal Dubey Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Jan-05-1996
Reported in: 1997(1)MPLJ87
ORDERS.C. Pandey, J.1. This petition under Articles 226 and 227 of the Constitution of India is directed against the order dated 6-9-1993 passed by the respondent No. 1, refusing to refer the industrial dispute under the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') to the appropriate Tribunal that is to say the Central Government Industrial Tribunal Cum Labour Court, Jabalpur. The petitioner prays that the order dated 6-9-1993, Annexure P-7, be quashed by a writ in the nature of Certiorari and a writ of Mandamus be issued directing the respondent No. 1 to refer the matter for its adjudication by the Tribunal.2. It is alleged by the petitioner that he was working as an agent under the direct supervision and control of the Divisional Manager, Life Insurance Corporation of India, Jabalpur, the respondent No. 2. It is stated by the petitioner that the respondent No. 2, Life Insurance Corporation of India is his employer and he used to work as per directions given by...
M. Wagi Mohd. Vs. State of M.P. Through Secretary, Minorities Welfare ...
Court: Madhya Pradesh
Decided on: Jan-05-1996
Reported in: 1997(1)MPLJ76
ORDERD.P.S. Chouhan, J.1. Heard the learned counsel for the petitioner and the learned counsel for the State, with the consent of the counsel for the parties, the petition is finally disposed of.2. The petitioner was a Government servant and retired on attaining the age of superannuation on 31-1-1993 as Joint Director, Finance in the State of Madhya Pradesh. After his retirement, he was appointed as secretary of M. P. Wakf Board vide order dated 20/26-5-1993 and the appointment was for a period of two years.3. The learned counsel for the respondents submitted that the period of two years has come to an end on 20-5-1995 and as such, the petition is rendered infructuous and the petitioner has no right to continue the petition, and get the advantage on the basis of the interim order passed by this court. Learned counsel for the respondent submitted that the services of the Secretary, M. P. Wakf Board are governed by the rules known as M. P. Wakf Rules, 1960 published in M. P. Rajpatra, Pa...
Pamecha Motors Finance Vs. Shakilabano W/O Munna Khan and ors.
Court: Madhya Pradesh
Decided on: Jan-05-1996
Reported in: 1996(0)MPLJ481
ORDERJ.G. Chitre, J.1. This appeal has been preferred by M/s Pamecha Motors Finance, the appellant for assailing the interim award which has been passed by Motor Accident Claims Tribunal, Neemuch on 13-1-1995 by which the appellant has been directed to pay interim compensation of Rs. 25,000/- to Respondents 1 to 4 in view of provisions of Section 140 of Motor Vehicles Act, 1988 (hereinafter referred to as M. V. Act.).2. The main contention of the appellant is that he is neither owner of the tractor which is the alleged cause of said accident nor the employee of the driver of the said tractor, and therefore, he cannot be saddled with the responsibility of paying the interim compensation to the claimants (Resp. 1 to 4) in view of the provisions of Section 140 of Motor Vehicles Act.3. Shri Z. A. Khan learned counsel appearing for Respondents 1 to 4 submitted that the deceased died in the accident which took place on 2-4-1994 at 10.30 a.m. on Jawad Road when Jagdish the driver was driving ...
Pamecha Motor Finance Vs. Smt. Shakilabano and ors.
Court: Madhya Pradesh
Decided on: Jan-05-1996
Reported in: 1996CriLJ2754
J.G. Chitre, J.1. This appeal has been preferred by M/s Pamacha Motor Finance, the appellant for assailing the interim award which has been passed by Motor Accident Claims Tribunal Neemuch on 13-1-95 by which the appellant has been directed to pay interim compensation of Rs. 25,000/- to Respondents 1 to 4 in view of provisions of Section 140 of Motor Vehicles Act 1988 (herein after referred to as M.V. Act.).2. The main contention of the appellant is that he is neither owner of the tractor which is the alleged cause of said accident nor the employee of the driver of the said tractor, and thereore, he cannot be saddled with the responsibility of paying the interim compensation to the claimants (Resp. 1 to 4) in view of the provisions of Section 140 of M. V. Act.3. Shri Z.A. Khan learned counsel appearing for Respondent 1 to 4 submitted that the deceased died in the accident which took place on 2-4-94 at 10-30 a.m. on Jawad Road when Jagdish the driver was driving the tractor M.P. 14-A -8...
Uday Chand JaIn and ors. Vs. Sukhvilas JaIn and ors.
Court: Madhya Pradesh
Decided on: Jan-05-1996
Reported in: 1997ACJ1041
N.K. Jain, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 from the award dated 30.3.1995 passed by the 1st Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 5 of 1993 awarding compensation in the sum of Rs. 3,70,905/- to the respondents-claimants in a fatal accident action.2. The respondents-claimants are the mother, widow and children of Saubhag-mal, aged 38 years who died in a motor accident that occurred on 21.10.1992 at Nagda, District Ujjain, involving a tanker owned by the appellant No. 1 driven by the appellant No. 2 and insured with the appellant No. 3, the New India Assurance Co. Ltd. for third party risk.3. The deceased Saubhagmal at the time of his unfortunate death was employed with Bharat Commerce Industries on a monthly salary of Rs. 1,565.69. These facts along with the finding of the Tribunal that the accident occurred due to actionable negligence on the part of the driver of the vehicle are not disputed before us.4. The Tribunal while a...
Udaychand JaIn and ors. Vs. Smt. Sukhvilas JaIn and ors.
Court: Madhya Pradesh
Decided on: Jan-05-1996
Reported in: 2(1996)ACC686
N.K. Jain, J.1. This is an appeal Under Section 173 of the Motor Vehicles Act, 1988 from the award dated 30th March, 1995 passed by the 1st Motor Accident Claims Tribunal, Ujjain in Claim Case No. 5/93 awarding compensation of Rs. 3,70,905/- to the respondent claimants in a fatal accident action.2. The respondents claimants are the mother, widow and the children of Saubhagmal, aged 38 years who died in a motor accident that occurred on 21.10.1992 at Nagda District Ujjain, involving a tanker owned by the appellant No. 1 driven by the appellant No. 2 and insured with the appellant No. 3. The New India Assurance Co. Ltd. for third party risk.3. The deceased Saubhagmal at the time of his unfortunate death was employed with Bharat Commerce Industries on a monthly salary of Rs. 1,565.69. These facts alongwith the finding of the Tribunal that the accident occurred due to actionable negligence on the part of the driver of the vehicle are not disputed before us.4. The Tribunal while assessing t...
R.P. Shukla and ors. Vs. Central Officer Commanding-in-chief, Lucknow ... Overruled
Court: Madhya Pradesh
Decided on: Jan-04-1996
Reported in: AIR1996MP233
S.C. Pandey, J.1. This is a petition under Articles 226 and 227 of the Constitu-tion of India whereby the petitioners pray for quashing the proceedings of Summary Court-martial and sentences awarded against them in these proceedings (Annexure P-11). They also claim that consequently they should he reinstated in service with all the benefits that would accrue them, the relief of Habeas Corpus claimed by the petitioners must have become infructuous because they must have undergone the sentences awarded to them. No argument was addressed by counsel for the petitioners on this point.2. The facts of the case may now be shortly stated. Havaldar R. P. Shukla, Sep. Patiram Balmiki and Sep. Mohanlal were re-enrolled in Defence Security Corps, by virtue of service in the Army for a certain period. It is not in dispute that as per para 170 of Regulations for Army (Revised edition 1987) they fell within the category 'Exemplary' so far as their character assessment was concerned during their tenure...
Commissioner of Income-tax Vs. Smt. Gunwanti Bai
Court: Madhya Pradesh
Decided on: Jan-04-1996
Reported in: (1996)134CTR(MP)526; [1996]219ITR632(MP)
A.K. Mathur, Actg. C.J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue and the following two questions of law have been referred for answer by this court :' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was legally competent to reverse its final decision in exercise of the powers under Section 254(2) of the Act ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was legally competent to recall its order once again and to give a finding contrary to the finding given in the earlier order of recall on the same facts and evidence ?' 2. Brief facts giving rise to this reference are that the Income-tax Officer noticed that the assessee was having credit balance of Rs. 3,94,045 on the first day of the accounting year relevant to the assessment year under consideration with the firm, Ratilal Manekji, Burhanpur. It was noticed that the assessee had not disclosed any interest income ...
Manohari S/O Somji Basod Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-04-1996
Reported in: 1997(1)MPLJ258
R.P. Awasthy, J.1. It is a Revision Petition against holding of the accused/appellant guilty for committing offences punishable under sections 324 and 326 of the Indian Penal Code and sentencing him to rigorous imprisonment for six months and one year respectively.2. Prosecution case is that on 13-1-1984, marriage ceremony of Sashikant (PW/5) was going to be convened at village Ratamati, where he resides. Accused Manohari also used to reside in village Ratamati, but had shifted from the said village to Betul Bazar about 10 or 12 years prior to the date of incident. However, the accused had not sold his house situated at village Ratamati and he used to occasionally visit the said village where he once used to reside. On 13-1-1984, also the accused had come to village Ratamati.3. Kundan (PW/2), Kishorilal (PW/3), Babulal (PW/6) and accused Manohari had gathered in the house of Babulal (PW/6) for gambling there. The house of Babulal (PW/6) is near the house of Sashikant (PW/5). There Kund...
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