Madhya Pradesh Court September 1996 Judgments
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Shafiq Vs. Pramod Kumar Bhatia and ors.
Court: Madhya Pradesh
Decided on: Sep-17-1996
Reported in: 1998ACJ563; AIR1997MP142
S.K. Dubey, J.1. This is an appeal under Section 173 of the Motor Vehicles Act 1988 (for short the 'Act') for enhancement of the compensation awarded vide award dt. 2-12-1995 passed in M.C.C. No. 161/95 by VIth Addl. Motor Accidents' Claims Tribunal, Bhopal.2. The appellant used to sell cloth by going round, from place to place. On 20-5-1994 at about 3.30 p.m. when the appellant as pillion under was going on Scooter No. MBD-516 driven by one Mohd. Faruk Khan towards Jahangirabad, Truck No. MKW-7855 cb'ming from opposite direction in high speed dashed the scooterist. As a result, the scooter driver died on the spot. The appellant's left shaft femur was fractured. The Scooter was badly damaged. The appellant was admitted in Gandhi Medical College and Hamidiya Hospital Bhopal. After treatment his leg was plastered. On 10-8-1994 skin grafting was done over granulating wound. On discharge on 26-8-1994, he was advised to attend OPD on Tuesday/Friday after two weeks. But he complained pain an...
Amarnath Pandey Vs. Hindustan Steel Works Construction Limited and anr ...
Court: Madhya Pradesh
Decided on: Sep-17-1996
Reported in: 1997(1)MPLJ350
ORDERA.K. Mathur, C.J.1. Petitioner has, by this petition, prayed that Rule 9(xii) (a) and (b) of the H.S.C.L. Service Rules be declared as void, illegal and ultra vires Articles 14 and 16 of the Constitution of India. He has also challenged order dated 5-5-1989 (Annexure A-16) and prayed for quashing of the same. The petitioner has further prayed that Order dated 26/27-12-1988 transferring the petitioner from Bhilai to Tanakpur may be quashed.2. The petitioner is a Zonal Engineer (Civil) in the service of the Hindustan Steel Works Construction Limited, respondent No. 1 (hereinafter, referred to HSCL) and was posted at Bhilai, District Durg. He joined the service of the HSCL on 1st March, 1973 as a Technical Assistant. He was promoted as Assistant Divisional Engineer in 1985 and then he was promoted as Divisional Engineer in 1980. (sic) The petitioner received his last promotion on 4-4-1988 as Zonal Engineer. By order dated 26/27-12-1988, the petitioner was transferred from HSCL Bhilai...
National Insurance Vs. Bishan Singh
Court: Madhya Pradesh
Decided on: Sep-13-1996
Reported in: (1998)IIILLJ1110MP
N.P. Singh, J.1. This appeal, as well as Misc. Appeal Nos. 680/ 1995 and 681/1995, arise out of the same accident and a common award was passed by the Commissioner for Workmen's Compensation. Hence the appeals are disposed of by this common order.2. The appeals are directed against the award dated July 11, 1995 passed by the Commissioner for Workmen's Compensation (Labour Court No. 1), Jabalpur in Case Nos. 81/1994, 82/1994 and 83/1994, awarding a compensation ofRs. 19,706 + Rs. 200/- to the respondent Munnalal in M.A. No.733/1995; Rs. 31,197+costs Rs. 200/-to respondent Bishan Singh in M.A.No. 680/1995; and Rs. 31,197/-+costs Rs.200/- to the respondent Kunwar Singh in M.A.No. 681/1995.3. The facts giving rise to these appeals are that the respondent Preetam Kaur was the owner of truck bearing Registration No. MBK- 7476. The respondents Munnalal, Bishan Singh and Kunwar Singh were working as labourers in the said truck. On October 30, 1994, the truck in question was coming from Dhuma i...
Asharam S/O Ramprasad Vs. Munshilal Kushwah and ors.
Court: Madhya Pradesh
Decided on: Sep-13-1996
Reported in: 1997(2)MPLJ279
ORDERT.S. Doabia, J.1. The election of Asha Ram present petitioner has been declared null and void. This election was to Nagar Panchayat Phooph conducted under the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the 1961 Act). An election petition was preferred by one Munshilal Under Section 20 of the 1961 Act. Five candidates took part in the process of election. Asha Ram, present petitioner got the highest number of votes. He was declared elected. The break-up of the votes received by Asha Ram by other candidates is as under : Asha Ram 127 votes Munshilal 111 votes Babu Khan 45 votes Ajmer Khan 5 votes Hari Prasad 2 votes2. The election of Asha Ram to the Nagar Panchayat Phooph was challenged on the ground that as he was a Peon in Sewa Sahakari Sanstha Maryadit Phooph and therefore he was holding an office of profit in the 'local authority'. It was this ground which prevailed with the Election Court. Not only the election was set aside but a declaration was also m...
Commissioner of Wealth-tax Vs. H.S. Shrivastava
Court: Madhya Pradesh
Decided on: Sep-12-1996
Reported in: [1997]227ITR309(MP)
1. This is a reference at the instance of the Department under Section 27(1) of the Wealth-tax Act, 1957, and the following question of law hasbeen referred by the Income-tax Appellate Tribunal for answer by thiscourt : 7'Whether, the Tribunal was justified in holding that Rule 1BB should be applied for valuing the property in question, even though Block No. 290-DI was let out to an office for non-residential purposes ?'2. The brief facts giving rise to this reference are that the assessee is a Hindu undivided family. It owned property No. 290, Napier Town, Jabalpur, which consists of two blocks, namely, 290-D and 290-DI. Block No. 290-D is under self-occupation whereas Block No. 290-DI was let out to the Income-tax Department. The aforesaid property was got valued by the Wealth-tax Officer from the Departmental Valuation Officer, who valued both the blocks of the property at Rs. 7,15,000. The assessee questioned the above valuation and submitted that the valuation in question should h...
Dulichand Gulsari Lal JaIn and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Sep-11-1996
Reported in: [1997]226ITR753(MP)
A.K. Mathur, C.J.1. The petitioners by this writ petition have challenged the validity of Section 69D of the Income-tax Act, 1961, as being unconstitutional. The petitioners have also prated that the excluding of the loans taken on hundi and interest paid thereon from the total income of the assessee may be ordered.2. Petitioner No. 1 is a registered firm and petitioner No. 2 is one of the partners. The petitioners are carrying on business in cloth. Regular books of account have been maintained. For the purpose of accounting, the Diwali year is followed. During the accounting year, Diwali 1977-78, relevant to the assessment year 1979-80, the Income-tax Officer, A-Ward, Jabalpur, found that the assessee had taken hundi loans in cash from various parties after April 1, 1977, in the following manner :Sl. No.Name of partyDate of hundi loanAmounts (Rs.)1.Dr. Sureshchand Jain,Jawaharganj,10-7-19782,000Jabalpur 2.Mohanlal Gangaram,Gotegaon15-10-19783,0003.Smt. Jhunnibai w/oMulayamchand21-07-1...
S.K. Nanhorya Vs. V.J. Dowson
Court: Madhya Pradesh
Decided on: Sep-11-1996
Reported in: 1997(2)MPLJ408
ORDERS.K. Dubey, J.1. This is a reference by R. S. Garg, J. in M. A. No. 401/90 Under Section 32 of the M.P. Accommodation Act, 1961 (hereinafter referred to as 'the Act') arising out of order dated 5-7-1990, passed in M. A No. 18/88 by the IIIrd Additional Judge to the Court of District Judge, Jabalpur, preferred against the order dated 28-7-1988, in R. C. Case No. 27-A/90(1) 87-88 passed by the Rent Controlling Authority, Jabalpur (RCA).2. On an application Under Section 10 of the Act for fixation of standard rent filed by the appellant/landlord the R.C.A determined the standard rent at Rs. 350/- per month from the date of application, i.e., 14-12-1987 Under Section 10(4) of the Act holding that modes prescribed in Section 7(1), (2) and (3) are not applicable. Aggrieved of that, the respondent, since deceased, preferred the appeal Under Section 31 of the Act which was allowed holding that the accommodation let was constructed in the year 1956-57 and that there are more than one Munic...
Sharif Khan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-11-1996
Reported in: 1997(2)MPLJ74
R.D. Shukla, J.1. Appeal is directed against the judgment and order dated 3-10-1991 of the IIIrd Additional Sessions Judge, Dewas passed in S.T No. 91/91 whereby accused-appellant has been convicted Under Section 302, Indian Penal Code for having committed murder of his wife Aishabi by throttling her on 24-2-1991 at about 2 PM in Shantipura, Dewas and sentenced to imprisonment for life and fine of Rs. 500/-; in default of payment of fine R.I. for six months.During trial an alternative charge Under Section 304B of Indian Penal Code was also framed against accused appellant for causing cruelty by demanding dowry and suspicious death of Aishabi but he has been acquitted for the said offence.2. The prosecution story in brief is that deceased Aishabi was married to accused-appellant on 23-5-1990 i.e. 9-10 months prior to the date of incident. She lived with the accused at Indore for some time but thereafter they came to Dewas and were living in the house of Smt. Bebikhan for last 8-10 days ...
Ramlal S/O Bhairav Prasad and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-11-1996
Reported in: 1998(1)MPLJ192
ORDERA.K. Mathur, C.J.1. The petitioners by this writ petition have prayed that sections 13(4), (5) and (6); 17(2), (3) and (4), 23(3), (4) and (5) and 30(3), (4) and (5) of the M. P. Panchayat Raj Adhiniyam, 1994, as also the Rules 4 and 15 of the M. P. Panchayat Election Rules, 1994, may be declared as ultra vires.2. This is a public interest litigation filed by one Ramlal and others. They claimed themselves to be social and political workers and are very keen to contest the elections for the posts of Panch, Sarpanch, Members of Janpad Panchayats and Membership of District Panchayat and its President. Therefore, they have filed this public interest litigation challenging the aforesaid provisions of the M. P. Panchayat Raj Adhiniyam, 1993 and Rules framed thereunder known as M. P. Panchayat Rules, 1995 being ultra vires of Articles 14, 15 and 16 of the Constitution of India. Suffice it to say that M. P. Panchayat Raj Adhiniyam, 1993 (Act No. 1 of 1994) has been framed by the State Leg...
Methodex Systems Pvt. Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Sep-11-1996
Reported in: 1997(95)ELT23(MP)
ORDERA.R. Tiwari, J.1. The Petitioner No. 1, the Private Limited Company, incorporated under Companies Act, 1956 and its Directior, Works & Administration, Petitioner No. 2, have filed this petition under Article 226 of the Constitution of India seeking undernoted reliefs :(i) issue a writ of certiorari or any other writ, order or direction quashing the show cause notice dated 24/25-2-1986;(ii) issue a writ of prohibition or any other writ order or direction prohibiting the respondents or any of their employees or agents from seeking to levy excise duty upon kraft pockets not manufactured by the petitioner No. 1;(iii) pass such other orders or directions as this Hon. Court may deem fit and proper in the facts and circumstances of this case, and for this act of kindness, the petitioners shall, as in duty bound, ever pray.2. Briefly stated, the facts of the case are that petitioner No. 1 is a leading manufacturer and distributor of office equipments. One of the items produced and distrib...
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