Madhya Pradesh Court November 1996 Judgments
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Radhey Shyam Agarwal and anr. Vs. Gayatri Devi W/O Mahendra Prasad Das ...
Court: Madhya Pradesh
Decided on: Nov-22-1996
Reported in: 1997(2)MPLJ179
ORDERS.K. Dubey, J.1. Owner of stage carriage bus CIL 9025 has filed this appeal Under Section 173 of the Motor Vehicles Act, 1988 (Act) against the award dated 17th July, 1995 passed in Motor Accident Claim Case No. 7 of 1993 by the First Additional Motor Accident Claims Tribunal, Ambikapur.2. Facts giving rise to this appeal are thus :On fateful day of 13-12-1992 the bus No. CIL 9025 owned by appellant, driven by respondent No. 8 and insured by respondent No. 7 was carrying excess passengers than its seating capacity permitted by the conditions of permit 47 + 1 + 1 + 1 including driver, conductor and Khalasi. Deceased Mahendra Prasad Das, aged about 30 years was one of the passengers travelling in the said bus by standing on the footboard of the gate of the bus which was closed. When it reached near village Raipur because of rash and negligent driving of the bus the door of the bus got suddenly opened as a result of which deceased was thrown out of the bus and was dragged to some dis...
Marvellous Marble Pvt. Ltd. Vs. Commr. (Appeals), C. Ex.
Court: Madhya Pradesh
Decided on: Nov-22-1996
Reported in: 1997(96)ELT247(MP)
ORDERA.R. Tiwari, J.1. This petition is filed for the under noted reliefs :-'In view of the above facts and grounds stated above, the petitioners seek the following reliefs :-(a) that the respondent No. 2 and his subordinate officers should be restrained from invoking the order dated 30-10-1996 (Annexure-T/2'), letters dated 1-11-1996 (Annexure-'P/3') and dated 6/7-11-1996 (An-nexure-'P/6') till the disposal of stay application/appeal filed by the petitioners;(b) to allow this petition with costs; and(c) to pass such other order(s) as may be deemed appropriate in the facts and circumstances of the case, to grant relief to the petitioner.'2. It is an admitted position that the petitioner has filed the appeal before Commissioner (Appeals) Central Excise, Indore and has also filed an application on 5-11-1996 in the aforesaid appeal to obtain exemption from the deposit of the amount for hearing the appeal on merits. This application is pending. During the pendency of this application, the ...
Shrimati Pramila JaIn Vs. Chandu Sharma and ors.
Court: Madhya Pradesh
Decided on: Nov-22-1996
Reported in: 2(1997)ACC667
A.S. Tripathi, J.1. This appeal has been filed by the appellant-claimant against the award dated 16.11.1993 passed by the Motor Accident Claims Tribunal of Gwalior. The Tribunal had awarded the compensation to the extent of Rs. 5445/(sic) with interest @ 12 percent per annum for the damage caused to the vehicle of the appellant.2. It is not disputed that the jeep of the appellant UHL 555 was dashed by the truck of the respondents No. 2 causing damage to the jeep. The jeep was repaired by the appellant and the appellant had suffered loss on account of the repairs. The Tribunal took into account the factor that the amount spent in repairs of the jeep was to be compensated to the appellant.3. learned Counsel for the appellant pressed the points that the appellant had to suffer for about two months as the jeep remained idle and the appellant was running a motor driving school. Further the driver of the jeep was also sittingidle, and he was paid salary for that period.4. These two losses oc...
Radhey Shyam Agarwal and anr. Vs. Gayatri Devi and ors.
Court: Madhya Pradesh
Decided on: Nov-22-1996
Reported in: 1998ACJ1177
S.K. Dubey, J.1. Owner of stage carriage bus CIL 9025 has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (Act) against the award dated 17.7.1995 passed in Motor Accident Claim Case No. 7 of 1993 by the First Additional Motor Accidents Claims Tribunal, Ambikapur.2. Facts giving rise to this appeal are thus: On fateful day of 13.12.1992 the bus No. CIL 9025 owned by appellant, driven by respondent No. 8 and insured by respondent No. 7 was carrying excess passengers than its seating capacity permitted by the conditions of permit 47+1 + 1 + 1 including driver, conductor and khalasi. Deceased Mahendra Prasad Das, aged about 30 years, was one of the passengers travelling in the said bus by standing on the footboard of the gate of the bus which was closed. When it reached near village Raipur, because of rash and negligent driving of the bus, the door of the bus got suddenly opened as a result of which deceased was thrown out of the bus and was dragged to some distance as ...
Bhushan Ramlal Kashyap Vs. S.D.O. and ors.
Court: Madhya Pradesh
Decided on: Nov-21-1996
Reported in: 1998(2)MPLJ710
ORDERC.K. Prasad, J.1. Election to the office of Sarpanch of Gram Panchayat, Mishta was held on 30th May, 1994. Late Babulal was declared elected as Sarpanch having secured 330 votes. His election as Sarpanch was challenged by respondent No. 2 Durgaram by filing an election petition Under Section 122 of the M. P. Panchayat Raj Act, 1993. Election petition was filed on 14-7-1994 whereas, aforesaid Babulal died on 15-1-1995. Nobody, including the petitioner, who claims to be the election agent of aforesaid Babulal, took any step before the Election Tribunal and ultimately, the Tribunal on recount of votes, found that the votes polled by respondent No. 2 are more than that of the declared candidate Babulal. Accordingly respondent No. 2 was declared elected as Sarpanch.2. Aggrieved by the aforesaid declaration of respondent No. 2 as Sarpanch, the petitioner, who was not impleaded as a party nor substituted after death of Babulal before the Election Tribunal, has filed this writ petition ch...
Nav Nirman Pvt. Ltd. Vs. Commissioner of Income-tax and anr.
Court: Madhya Pradesh
Decided on: Nov-20-1996
Reported in: [1998]232ITR119(MP)
R.S. Garg, J.1. By this petition under Article 227 of the Constitution of India, the petitioner challenges the legality, correctness and validity of the order dated March 19, 1985, passed by the Commissioner of Income-tax, Bhopal, in case NVD/HORS/IT/98 of 1978 for the assessment year 1971-72 on the ground that the learned Commissioner did not exercise his powers in accordance with law nor has considered the legal position for attraction of Section 273A(4) of the Act.2. According to the petitioner, he had filed the return of loss and while passing the assessment order on November 29, 1971, the Assessing Officer, had directed issuance of penalty notice for concealment of the amount of Rs. 16,000. Immediately thereafter, the petitioner filed an application under Section 271(4A) of the Act on the ground that he had made full and complete disclosure voluntarily and in good faith but the said application happened to be rejected on February 14, 1975, by the Commissioner of Income-tax, Bhopal...
Krishna Devi Wd/O Krantisuman Agrawal and ors. Vs. Pravinchand S/O Pre ...
Court: Madhya Pradesh
Decided on: Nov-20-1996
Reported in: 1997(2)MPLJ195
ORDERS.C. Pandey, J.1. This revision is directed against the order dated 3-1-1996 passed by VIIth Civil Judge, Class-II, Durg in Civil Suit No. 1-A of 1995. This civil revision was connected with Civil Revision No. 729 of 1996, parties being Dwarka Prasad Soni v. Praveenchand and two Ors., which has been filed by the applicant/defendant against the order dated 4-12-1995, passed by VIth Civil Judge, Class-II, Durg. Both the revisions are being disposed of by this common order.2. The non-applicants Nos. 1 to 3 filed a civil suit for ejectment Under Sections 12(1)(a) and 12(1)(f) of M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act' for short) against the applicants and the non-applicants Nos. 4 to 6. In this suit the non-applicants Nos. 1 to 3 also claimed the arrears of rent amounting to Rs. 20,000/- besides ejectment of the applicants and non-applicants Nos. 4 to 6.3. During pendency of the suit, the applicants filed an application before the trial Court under O...
Nav Nirman Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Nov-20-1996
Reported in: (1998)148CTR(MP)244
ORDERR.S. GARG, 1:By this petition under Art. 227 of the Constitution of India, the petitioner challenges the legality, correctness and validity of the order dt. 19th March, 1985 passed by CIT, Bhopal in case NVI)/HORS/IT/98/78 for the asst. yr. 197172 on the ground that the learned CIT did not exercise his powers in accordance with law nor has considered legal position for attraction of s. 273A(4) of the Act.2. According to the petitioner, he had filed the return of loss and while passing the assessment order on 29th Nov., 1971, the AO had directed issuance of penalty notice for concealment of the amount of Rs. 16,000. Immediately thereafter, the petitioner filed an application under s. 271(4A) of the Act on the ground that he had made full and complete disclosure voluntarily and in good faith but the said application happened to be rejected on 14th Feb., 1975 by the CIT, Bhopal. In reply to the notice issued to the petitioner for imposition of the penalty, he submitted by his reply d...
Bhilai Ispat Mazdoor Sangh Vs. Steel Authority of India and ors.
Court: Madhya Pradesh
Decided on: Nov-18-1996
Reported in: [1997(75)FLR456]; (1998)IIILLJ1105MP
D.M. Dharmadhikari, J.1. The order in this petition shall also govern the disposal of the connected petition M.P. 3574/1986 (Bhilai Ispat Mazdoor Sangh and Ors. v. Steel Authority of India and Ors.) which were heard together as the question involved in them is common.2. The Writ Petition 2926/86 is with regard to the claim of the petitioners union for regularisation and payment of equal pay to the contract labour employed in the Building Construction work of the employer. The Writ Petition 3574/86 is concerning such claim of contract labour employed by the Contractor in work of Loading and Unloading in the Coke Oven Department of the employer's industry.3. In both the petitions the common relief claimed by the contract labour is for regularisation of their services under the Principal Employer i .e. Steel Authority of India running the Bhilai Steel Plant and for payment of wages to them equal to the wages paid by the Principal Employer to its employees directly recruited by it.4. Shri ...
Kishore Mehta Vs. M.P. State and ors.
Court: Madhya Pradesh
Decided on: Nov-18-1996
Reported in: 1997CriLJ2131
ORDERJ.G. Chitre, J.1. Perused the certified copy of the order of revisional Court as well as the Court of Sub-Divisional Magistrate, Ratlam (which has been produced by Shri Apate).2. The order of S.D.M. shows that late Maharaja Lokendra Singh expired in 1991 leaving behind his widow late Maharani Prabharajay Laxmi. Both died issue-less and there was a dispute about the assertion of claim by their relatives who were claiming to be their successors. It appears from the order that on 20-6-93 there was dispute between concerned parties in respect of ownership and possession of the property of late Maharaj Lokendrasingh and an entry was made in that context in Estagasa Register bearing Entry No. 1 of 20-6-93. It resulted in T.I., Ratlam preferring an application to S.D.M., Ratlam and in view of that S.D.M., Ratlam issued notice to the concerned parties in view of provisions of Section 145 of Criminal Procedure Code, 1973 (hereinafter referred to as Code for short).3. On 27-6-95 also there ...
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