Court : Madhya Pradesh
Reported in : 1998(1)MPLJ62
ORDERN.K. Jain, J.1. Petitioner, Smt. Chandabai Yadav has filed this Misc. Petition under Article 226 of the Constitution seeking under noted reliefs :(a) To direct the respondents to submit a copy of Magisterial enquiry conducted by Shri Prakash Gupta in the matter;(b) To direct prosecution of the persons found guilty in the said enquiry;(c) To award adequate and reasonable compensation to the petitioner for the loss of her beloved father;(d) To grant any other reliefs, which this Hon. Court deems fit in the facts and circumstances of the case; and(e) To allow this petition with costs.2. It is not disputed that father of the petitioner, namely Lalloo singh Yadav, aged about 55 years, an employee of Hukumchand Mills Limited, Indore, was arrested by the police on 6-1-1992 at Indore, along with many other Mill-workers in connection with 'Jail Bharo Andolan' organised in protest against the closure of the said Mills. After arrest, Lalloosingh Yadav and other arrested Mill-workers were lod...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ167
ORDERS.C. Pandey, J.1. This revision is directed against the order dated 24-1-1996 passed by Additional Judge to the Court of District Judge at Sihora, District Jabalpur in M.J.C. No. 21/95.2. The short and interesting question that arises in this civil revision is whether the respondent No. 1 could present the Election Petition Under Section 20 of the M.P. Municipalities Act, 1961 (henceforth the Act) against the applicant before the Additional Judge to the Court of District Judge at Sihora, District Jabalpur instead of filing it before the District Judge, Jabalpur.3. The respondent No. 1 filed an Election Petition Under Section 20 of the Act challenging the election of the applicant to the office of the President, Municipal Council, Sihora. This Election Petition was presented directly in the Court of Additional Judge to the Court of District Judge, Sihora, District Jabalpur.4. The respondent No. 1 challenged the maintainability of Election Petition on the ground that Under Section 2...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1998]231ITR288(MP)
A.K. Mathur, C.J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961, wherein two questions have been referred at the instance of the Revenue/Department and one at the instance of the assessee which read as under :Questions raised by the Department : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal's interpretation of 'loss' is in conformity with Explanation (iv) to Section 115J of the Income-tax Act, 1961 (2) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the loss and/or unabsorbed depreciation for all the preceding assessment years are to be taken cumulatively instead of separate consideration in each assessment year in accordance with the provisions of Sections 205(1)(b) and 205(2), of the Companies Act, 1956 ?' Question raised by the assessee : 'Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that there was taxable book profits under Se...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1997)ACC654
T.S. Doabia, J.1. This judgment shall also dispose of M.A. No. 110/89 (Smt. Ramla Bai and Anr. v. C.L. Modi and Ors.).2. A car bearing No. DLV 4376 met with an accident with a bus bearing No. MPW 9871. Two persons who were travelling in the car died on the spot. The accident took place at about 8.45 a.m. The persons who died are (i) Ravi Anand and (ii) Nirmal Kumar Gupta.3. So far as Nirmal Kumar Gupta is concerned, he was the Forest Ranger. It is not in dispute that the total emoluments which he was drawing was 1050/- per month. So far as other person namely Ravi Anand is concerned, he was the driver of the vehicle. It was pleaded that he was earning more than Rs. 1000/- per month. However, the Motor Accident Claims Tribunal has recorded a finding to the effect that this driver was earning Rs. 900/- per month. So far as Nirmal Kumar Gupta is concerned, his income was found to be earning Rs. 1050/- per month.4. On perusal of the evidence, the Tribunal came to the conclusion that the ac...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(1)MPLJ683
ORDERRajeev Gupta, J.1. Petitioner Imtiaz Ahmed, who is facing trial in S.T. No. 52/96, pending in the Court of IIIrd A.S.J., Satna, has filed this revision petition against the order dated 15-4-1996, whereby the trial Court had directed framing of charges, against the petitioner and other co-accused persons, for the offences under sections 255, 258, 259, 261, 263, 489D, 489E and 420 of the Indian Penal Code, and section 13/50 of the Foreign Exchange Regulation Act. 2. Police Kotwali Satna, after completing the investigation of the case, registered at Crime No. 627/95 filed charge-sheet against eight accused persons, including the petitioner, for the alleged commission of offences under sections 255, 258, 259, 261, 263, 489D, 489E and 420 of the Indian Penal Code, and section 13/50 of the Foreign Exchange Regulation Act.3. Shri Hamid Khan, the learned counsel for the petitioner, submits that the trial Court has erred in framing common charges' against all the eight accused persons, tho...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(1)MPLJ262
T.S. Doabia, J.1. The appellant-Life Insurance Corporation of India (hereinafter referred to as the Corporation) repudiated the insurance claim of one Ram Prakash Vijjan. The respondents are his legal heirs. Ram Prakash Vijjan also referred as deceased got number of insurance policies on his life. Information regarding such policies is available on the record of this appeal. The dispute is with regard to two policies. The first one was issued on 10th December, 1983. The sum assured was Rs. 40,000/-. The second policy was issued on 30-12-1985. The sum assured was Rs. 1,30,000/-. The numbers of policies are 57705983 and 81745427 respectively. Ram Prakash Vijjan died on 29th July, 1986. The claims were lodged by the heirs with regard to these policies. While lodging these claims the cause of death of Ram Prakash Vijjan was indicated as 'Cirrhosis of liver'. These policies were repudiated. This led to a filing of a civil suit. It was pleaded inter alia that the policies have been wrongly r...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1998)ACC392; 1998ACJ248
D.M. Dharmadhikari, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant insurance company against the award dated 12.1.1996 of the Motor Accidents Claims Tribunal, Umaria, Distt. Shahdol.2. Bare facts necessary for decision of this appeal are as follows: The deceased Raju aged 16 years who was employed as a labourer for the work of loading and unloading on truck No. MPL 3232 met with a motor accident and lost his life on 22.3.1988. The Claims Tribunal awarded a total sum of Rs. 2,20,608/- as compensation to the claimant-respondent No. 1 who is father of the deceased. The above quantum of compensation was on the basis that the deceased was earning Rs. 16/-per day and would have lived minimum for another 44 years. Multiplying the estimated yearly income by 44, the above amount of compensation has been determined as payable jointly and severally by the owner, driver and insurance company.3. Mr. B.D. Jain, learned Counsel who appeared for ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998ACJ482; [1997(75)FLR461]; (1998)IIILLJ158MP; 1997(2)MPLJ541
S.C. Pandey, J.1. This appeal is directed against the order, dated August 10, 1994, passed by the Commissioner for Workmen's Compensation (Labour Court) Sagar, in Workmen's Compensation Case No. 3/93.2. The respondent Ratan Lal alias Rattu had filed an application for compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act' for short). He claimed in this application that he suffered an injury to his left arm on May 22, 1987 while he was working on a Expeller Machine. The result was that due to accident there was an amputation of his arm. This application was filed on October 8, 1987.3. It appears that the respondent filed an application, dated November 29, 1990, claiming that he was entitled to interim compensation amounting to Rs. 25,000/- The applicant filed a reply opposing the grant of interim compensation on the ground that under 'the Act' and the Rules made thereunder, there is no provision for making an interim compensation. For this reason, ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(70)LC264(MP)
ORDER1. Heard.2. This petition is directed for getting sample of 'Babu Supari' retested by a competent authority. Petitioner's case is that earlier sample was taken and report regarding the same was obtained on 10.5.1995 (Annexure P/S). That discloses that the Supari does not contain Kattha, lime and tobacco.3. Earlier to it a sample was taken. That disclosed presence of Kattha and lime vide Report dated 26.5.1995 (Annexure P/8). It appears a fresh sample now has been taken. The report has not been produced. Shri Neema submits that the report, as he has been informed, shows the presence of Kattha and Lime. Now the whole contorversy is about the retesting. As a matter of fact the application could be made before the Collector, Central Excise also. However, during the course of arguments the parties agreed for retesting the sample at Government approved Laboratory at Calcutta.4. In view of above it is directed that the sample taken by the Excise Authorities and lying with them now be sen...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP124; 1997(1)MPLJ419
Doabia, J.1. All Indian Cities like . Jupiter are perpetually enveloped in thick dusty and gaseous substances. The movement of trucks buses, mini-buses, tempos and other vehicles using petrol, diesel mixed with kerosene emit fumes make a dull blue hue polluting the environmental surroundings. The intensity of this increases as the day advances and it is maximum by the time sun sets in. When seen in electric light, it gives an impression that one is surrounded by fog or mist depending upon the season. These gaseous substances to a naked eye would seem to consist of dust and smoke but on chemical analysis it would become apparent that it contains poisonous gases and other contents which would have disastrous effect and as a matter of fact, is having on the inhabitants living in these cities. These gaseous substances can be invisible carbon monoxide which is produced by petrol vehicles. Diesel operated vehicle produces carbon-dioxide which can be neutralised by green forests which forest ...
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