Madhya Pradesh Court December 1996 Judgments
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Durg Transport Co. Pvt. Ltd. Vs. Industrial Court and ors.
Court: Madhya Pradesh
Decided on: Dec-09-1996
Reported in: [1997(75)FLR955]; (1999)IIILLJ30MP; 1997(1)MPLJ1
Prasad C.K., J. 1. Respondent No. 3 was working as Supervisor with the petitioner Company. His service was terminated. He filed an application before the Labour Court under Section 31 of the M.P. Industrial Relations Act, 1960. The Labour Court by order dated May 7, 1991 set aside the order of termination and directed for reinstatement of Respondent No. 3 with back-wages. Petitioner preferred an appeal against the said order of Labour Court and the same was dismissed. Thereafter, the employee filed an application under Section 15(2) of the Payment of Wages Act claiming enhanced salary, which according to the employee was revised by the employer for the period January 1, 1992 to August 31, 1992. The authority exercising the power under Section 15(2) of the Payment of Wages Act rejected the application of the employee holding that the employee could not prove that the wage was increased from Rs. 572 to Rs. 832/-.2. Aggrieved by the aforesaid order of the authority under the Payment of Wa...
Sadhoo @ Sadhuram Dhaniram Ahirwar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-09-1996
Reported in: 1997CriLJ2809; 1997(2)MPLJ209
D.P.S. Chauhan, J.1. The appellant Sadhoo alias Sadhuram having been convicted by Ist Additional Sessions Judge, Damoh in Sessions Trial No. 80/91 deciding the charges against him on 27-6-1992 and convicted for committing offence Under Sections 376(2)(f), 366A and 363, Indian Penal Code, whereunder sentenced for 10 years, 5 years and 3 years rigorous imprisonment respectively, has approached this Court by means of the present appeal which is being decided on merit after hearing learned counsel for the State and the accused who is present in person before this Court.2. Though the accused was represented through a Lawyer but was not granted bail. This Court on 1-11-1996 when the case was posted for hearing passed an order to the effect that none present for the appellant when the case was called for in the second round and directed for issuance of production warrant of the appellant of a date for hearing of this case in the presence of the appellant. The appellant is brought in person be...
National Insurance Company Ltd. Vs. Raju and ors.
Court: Madhya Pradesh
Decided on: Dec-06-1996
Reported in: 1997(1)MPLJ256
A.S. Tripathi, J.1. The Motor Accidents Claims Tribunal of Gwalior by its order dated 2-5-1995 directed that Rs. 50,000/- be deposited by the appellant-insurance company as interim compensation under Section 140 of the Motor Vehicles Act. Out of the said amount of Rs. 50,000/- an amount of Rs. 20,000/- was directed to be paid to the respondent No. 1 and Rs. 15,000/- each to the respondents 2 and 3.2. The present appeal has been preferred by the Insurance Company on the ground that in spite of the fact that the vehicle was insured which was involved in the accident, the person died therein was not a bona fide passenger, rather he was a free lifter, and for his death, the insurance company could not be held liable.3. This point cannot be raised at this stage at the time of considering grant of interim compensation under Section 140 of the Motor Vehicles Act. The only point for determination before the Tribunal was as to whether the vehicle involved in the accident was insured or not. No ...
M.P. Electricity Board Vs. Smt. Saroj Bai Soni and ors.
Court: Madhya Pradesh
Decided on: Dec-06-1996
Reported in: 1997(2)MPLJ698
ORDERS.K. Dubey, J.1. This is an appeal Under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award dated 30-6-1994 passed in M. V. Case No. 150/94, by the XIth Additional Motor Accidents Claims Tribunal, Jabalpur.2. Facts giving rise to this appeal are these. Rajendra Kumar, while he was going on his scooter No. MPK 6822 was dashed by a truck No. CPJ 8795 owned by the appellant, Madhya Pradesh Electricity Board, insured by respondent No. 6 and driven by Mahendra Singh, driver, during the course of his employment with the appellant. Respondent No. 1, the widow and respondents Nos. 2 to 5, filed an application for compensation for the death of Rajendra Kumar on 4-4-1988.3. The owner, driver and insurer contested the application for compensation. The insurer disowned the liability on the ground that though the truck was insured by Insurance Policy (Ex. D. 1), which covered the risk from 1-1-1988 to 31-12-1988, the payment of premium was guaranteed by the app...
Soji Nayak Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-06-1996
Reported in: 1999(1)MPLJ174
S.K. Dubey, J.1. The petitioner was elected Up-Sarpanch of Gram Panchayat Bedi, Tahsil Pushprajgarh, District Shahdol against whom a motion of no confidence was moved which was passed by the Gram Panchayat in the meeting held on 22nd September, 1995. Gram Panchayat consists of 16 members, while in the meeting in all 15 Panchas were present. In the voting one vote was declared invalid while 7 ballots were found in favour of motion of no confidence and the other seven against the motion of no confidence which is evident from the proceedings register Annexure A-l.2. Section 21 of the M. P. Panchayat Raj Adhiniyam, 1993 (for short Adhiniyam') provides no confidence motion against a Sarpanch and Up-Sarpanch, which reads thus :'21. No-confidence motion against Sarpanch and Up-Sarpanch. - (1) On a motion of no-confidence being passed by the Gram Panchayat by a resolution passed by the majority of not less than three fourth of the panchas present and voting and such majority is more than two t...
M.P. Electricity Board Vs. Saroj Bai Soni and ors.
Court: Madhya Pradesh
Decided on: Dec-06-1996
Reported in: 1998ACJ291
S.K. Dubey, J.1. This is an appeal under Section 173 of the Motor Vehicles Act 1988 (for short 'the Act') against the award dated 30.6.1994 passed in M.V. Case No. 150 of 1994, by the Xlth Additional Motor Accidents Claims Tribunal, Jabalpur.2. Facts giving rise to this appeal are these. Rajendra Kumar, while he was going on his scooter No. MPK 6822 was dashed by a truck No. CPJ 8795 owned by the appellant, Madhya Pradesh Electricity Board, insured by respondent No. 6 and driven by Mahendra Singh, driver, during the course of his employment with the appellant. Respondent No. 1, the widow and respondent Nos. 2 to 5, filed an application for compensation for the death of Rajendra Kumar on 4.4.1988.3. The owner, driver and insurer contested the application for compensation. The insurer disowned the liability on the ground that though the truck was insured by insurance policy, Exh. D 1, which covered the risk from 1.1.1988 to 31.12.1988, the payment of premium was guaranteed by the appella...
South Eastern Coalfields Ltd. and anr. Vs. Balkishan and anr.
Court: Madhya Pradesh
Decided on: Dec-06-1996
Reported in: 1998ACJ503
S.C. Pandey, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (henceforth 'the Act' for short) is directed against the order dated 18.1.1993, passed by the Commissioner for Workmen's Compensation, Shahdol, in W.C. Case No. 22 of 1989.2. The facts of this case are as follows: The respondent No. 1 was working as a Switch Board Attendant in Birsinghpur Colliery of South Eastern Coalfields Ltd. On 27.5.1987, the respondent No. 1 was trying to remove an electric pole from one place to another. During the course of his employment, he suffered an injury on account of electric fire due to the electric current in the wire falling short. He, therefore, claimed compensation to the extent of Rs. 50,000/- on the ground that he suffered an injury on his left hand and also on his body.3. The appellants did not dispute that an accident occurred on 27.5.1987. It was claimed that respondent No. 1 suffered only minor injuries, but he did not suffer any disablement on account of t...
National Insurance Co. Ltd. Vs. Raju and ors.
Court: Madhya Pradesh
Decided on: Dec-06-1996
Reported in: 1998ACJ1193
A.S. Tripathi, J.1. The Motor Accidents Claims Tribunal of Gwalior by its order dated 2.5.1995 directed that Rs. 50,000/- be deposited by the appellant insurance company as interim compensation under Section 140 of the Motor Vehicles Act. Out of the said amount of Rs. 50,000/- an amount of Rs. 20,000/- was directed to be paid to the respondent No. 1, and Rs. 15,000/- each to the respondent Nos. 2 and 3.2. The present appeal has been preferred by the insurance company on the ground that in spite of the fact that the vehicle was insured which was involved in the accident, the person died therein was not a bona fide passenger, rather he was a free lifter and for his death, the insurance company could not be held liable.3. This point cannot be raised at this stage at the time of considering grant of interim compensation under Section 140 of the Motor Vehicles Act. The only point for determination before the Tribunal was as to whether the vehicle involved in the accident was insured or not....
i.C.i. India Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Dec-06-1996
Reported in: 1997(95)ELT17(MP)
ORDERS.K. Dubey, J.1. By this petition under Articles 226 and 227 of the Constitution of India the petitioner has prayed for quashment of show cause notice dated 6-4-1996 Annexure P-10 and also memo directing seizure Annexure P-11, dated 2-5-1996 and also legality and propriety of the Circular No. 194/28/96-CX., dated 29-3-1996 Annexure P-12 issued by the Central Board of Excise and Customs.2. The petitioner is a public limited company which manufactures the explosives. The manufactured goods are excisable goods under Chapter 36 of the Central Excise Tariff Act, 1985. Section 4 of the Central Excises and Salt Act, 1944 deals with determination of value of the commodity for the proposes of charging of duty of excise. The petitioner for the purposes of sale of explosives prepares invoices of the price which is to be charged from the customers in which the interest component forms part of the total sale price. One of such invoice is annexed with the petition as Annexure P-1. Therefore, th...
Sardarmal Bordia and Ram Mohan Bhagwandas JaIn Vs. Jayant Vitamins Ltd ...
Court: Madhya Pradesh
Decided on: Dec-05-1996
Reported in: [1999]98CompCas363(MP)
A.R. Tiwari, J.1. These company appeals, presented under Section 483 of the Companies Act, 1956, are heard as common matters and are being disposed of by this common order.2. The factual position lies in a narrow compass. (a) Company Appeal No. 3 of 1990: The respondent Jayant Vitamins is a company registered under the Companies Act, 1956. The appellant carries on business in the name and style of Shree Catalyst at Ratlam. The appellant has to recover a sum of Rs. 33,26,657.71 from the respondent on account of balance price of goods supplied to the company. The company did not make the payment despite the demand and statutory notice, on August 9, 1988. The company was thus taken to be unable to pay its debt to the appellant. The appellant, therefore, filed the application before the learned company judge under Section 436 read with Section 439 of the Companies Act, which was registered as Company Petition No. 6 of 1989, for winding up of the company. The respondent contested the questi...
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