Court : Madhya Pradesh
Reported in : 1997ACJ1242
S.K. Dubey and Usha Shukla, JJ.1. This is claimants' appeal against the award dated 7.3.1989 passed in Claim Case No. 16 of 1986 by First Additional Motor Accidents Claims Tribunal, Raisen.2. The appellant No. 1, the widow aged 32 years and three minor children, appellant Nos. 2 to 4 as legal representatives of the deceased Brij Bihari, filed an application under Section 110-A of the Motor Vehicles Act, 1939 ('the Act') and claimed compensation of Rs. 4,25,000/- for the death of deceased arising out of the motor accident, on the averment that deceased Brij Bihari, aged 35 years, was a ghee vendor. On the fateful day of 11.6.1983 he was travelling as a passenger in bus No. CPD 8884 owned by respondent No. 1 and driven by respondent No. 2. When the bus was going from Bhopal towards Silwani, at about 2.10 p.m. the bus did not remain in control and could not be stopped even after applying the brakes and dashed with a tree, in that, deceased received severe injuries and died on the same day...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1998)IIILLJ975MP
ORDERS.K. Kulshrestha, J. 1. This petition has been filed seeking to quash Annexures' 'E' and 'K', the orders passed respectively by the Regional Director of the Employees' State Insurance Corporation, Indore, and the Tahsildar, Rajnandgaon, as also for quashing the demand notices (Annexures 'F' and 'H') towards dues under the Employees' State Insurance Act, 1948. The petitioners have also challenged the validity of Section 85B of the said Act (hereinafter referred to as the 'ESI Act').2. The petitioner is a company with limited liability, incorporated under the Companies Act, 1956, having its registered office at N.T.C. House, 27, Yashwant Niwas Road, Indore. The petitioner is a Government Company' within the meaning of the expression under Sections 2(18) and 617 of the Companies Act and all the shares of the company are held by the Central Government. The petitioner No. 1 is a subsidiary of the National Textile Corporation Limited, New Delhi, which is also a Government Company.3. Acc...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ115
A.S. Tripathi, J.1. This appeal has been preferred against the order dated 20-9-1991 passed by the IVth A.D.J., Gwalior whereby the issue on the point of jurisdiction was decided in favour of the respondent that the Civil Court, Gwalior had jurisdiction to decide the dispute.2. The plaintiff-respondent had filed a suit for recovery of Rs. 23,055.70 p. with interest at the rate of 18% per annum at the price of uniforms and clothes supplied by the plaintiff.3. There was a contract between the parties that the plaintiff-respondent would supply certain lab-coats of different descriptions to the defendants' employees who were large in number and the plaintiff claimed to have supplied as per the orders. The copies of orders placed are on record. The supply receipts are also placed on record.4. A preliminary objection was raised on behalf of the defendants-appellants that in accordance with the agreement between the parties the matter had to be referred to the Arbitrator as there was an arbit...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP223
A.K. Mathur, C.J. 1. In all these six writ petitions, similar question of law is involved, therefore, they are being disposed of by a common order. For convenient disposal of the writ petitions, facts given in M.P. No. 4093 of 1992 are taken into consideration.2. The petitioner has by this writ petition prayed that the provisions of Section 6-A as amended by Amending Act No. 18 of 1992 of M. P. Vidhan Sabha Sadasya Vetan Tatha Bhatta Tatha Pension Adhiniyam, 1972 (for short the Act of 1972) may be declared void as being unconstitutional. The petitioner is a public spirited person and he is said to be National Convenor of Samajwadi Manch. He is also stated to be a social and political worker. He has challenged the validity of Section 6-A of the Act of 1972, as amended by Act No. 18 of 1992, whereby a pension of Rupees 1500/- per mensem has been provided to every member of the M.P. Legislative Assembly and no minimum period of membership has been prescribed for being entitled to receive ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1998]229ITR181(MP)
A.K. Mathur, C.J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the assessee, and the following question of law has been referred by the Tribunal for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal having confirmed the addition of Rs. 7,51,740 agreeing to the finding of the Assessing Officer that no iron scrap was purchased from Jabalpur party but such scrap was received from undisclosed sources, was right in law in not allowing any deduction towards cost of such scrap used in the manufacturing process ?'2. The assessee is a partnership firm comprising two partners, viz., Smt Premila Jhamb and Shri Satish Jhamb. The assessee-firm is engaged in the business of manufacturing various casting items from iron scrap and its factory is located at Tedesara village in Rajnandgaon district. During the course of assessment proceedings, the Assessing Officer noted purchases of 167.053 M.Ts. of iron sc...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1997)ACC102
N.P. Singh, J.1. This appeal is directed against the interim award dated 3.5.1995 passed by the Second Additional Motor Accidents Claim Tribunal, Bilaspur in Claim Case No. 28/90 awarding interim compensation of Rs. 15,000/-to the claimant/respondent No. 1 by holding the appellant/owner of the vehicle alone liable for payment of compensation. The respondent No. 2/United India Insurance Co. Ltd. has been exonerated from the liability on account of the breach of the terms of the Insurance Policy.2. It is well settled that while deciding an application under Section 140 of the Motor Vehicles Act, 1988, the Claims Tribunal is not required to consider the defence set up by the Insurance Company. What is required to be established by the claimant is that there was an accident which resulted in the death or permanent disability to the claimants.3. In the instant case, the claimants have clearly established that there was an accident, which resulted in the death of the deceased. The accident t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997ACJ1236
A.S. Tripathi, J.1. This appeal is preferred against the judgment and award dated 13.2.1995 passed by the Motor Accidents Claims Tribunal, Shivpuri, whereby the appellant/claimant was awarded Rs. 5,000 as compensation for the injuries sustained, with interest at the rate of 12 per cent per annum from the date of application.2. This appeal is filed for enhancement of the award. The same was contested by the respondents that no enhancement is required.3. The undisputed facts are that on 21.2.1988, the appellant was travelling in the respondents' bus No. MPQ 1456 from Guna to Shivpuri. The bus had met with an accident, in which the appellant was injured. Appellant claimed Rs. 25,000/- as damages for the injuries caused, Rs. 4,000 as expenses upon medicines etc., Rs. 4,000 for loss of earned leave and Rs. 5,000/- for mental agony etc., totalling Rs. 43,000/-.4. The Tribunal has considered these points after framing the issues and came to the conclusion that the bus was being driven rashly ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1997]227ITR463(MP)
1. This is an income-tax reference at the instance of the assessee and the following question of law has been referred by the Tribunal for answer by this court :' Whether, on the facts and in the circumstances of the case, theTribunal is justified in holding that the sheds used for drying tiles in theprocess of manufacturing of tiles were not 'plant' and as such the assesseewas not entitled to investment allowance thereon The brief facts giving rise to this reference are that the year of assessment involved is 1982-83, the previous year ending Diwali, 1981. The assessee is a registered firm. The assessment for the assessment year 1982-83 was completed under section 143(1) of the Income-tax Act, 1961, on April 8, 1983, in which the assessee was allowed investment allowance of Rs. 35,219. This assessment was found erroneous and prejudicial to the interests of the Revenue by the Commissioner of Income-tax. He was ofthe opinion that the tile shed was building and not plant and machinery, h...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1997)DMC400
N.P. Singh, J.1. This appeal arises out of the order dated 14.2.1994 passed by the Presiding Judge, Family Court, Rewa in Guardian Case No. 12 of 1993, rejecting the petition of the appellant under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the' Act' for restoration of the custody of his minor son.2. Facts relevant for the disposal of this appeal, briefly stated, are that respondent No. 1 is the legally weded wife of the appellant and a son named Manu was bom to her out of the wedlock with the appellant. After the birth of the son, respondent No. 1 went to her parents home to complete her studies in Ayurvedic Medicine and Surgury leaving the boy with the appellant, who was taken care of by the appellant and his relations. When the boy was happily living with the appellant and getting education in Sainik Shishu Niketan at Rewa the respondent No. 1 moved an application under Section 10 of the Act before the District Judge, Farrukhabad for custody of the s...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(1)MPLJ116
ORDERJ.G. Chitre, J.1. Shri Umesh Maheshwari for the petitioner. Shri Girish Desai, Govt. Advocate assisted by Shri S. H. Sen, Dy. Govt. Advocate for the State.This revision petition is being decided finally at this stage for the purpose of removing obstruction to the hearing of the trial.2. The grievance of the petitioner is that she has not been provided with the copies of audio/video cassettes of the public address which is the subject-matter of prosecution pending against her in the Court of J.M.F.C. Bagli. An application making such prayer was moved by the petitioner on 30th November 1995 before the trial Court. The trial Court rejected that application by holding that the machinery required for preparing the copies of said audio-video cassettes is not available in the Court.3. During the course of argument Shri Desai submitted that for the purpose of overcoming the difficulty which has been expressed by the Court, the Government would be asking the Special Squad functioning at Bh...
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