Madhya Pradesh Court February 1997 Judgments
Parenteral Drugs (India) Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-20-1997
Reported in: 1998(101)ELT11(MP)
ORDERN.K. Jain, J.1. By this petition filed under Article 226/227 of the Constitution of India the petitioner seeks issuance of writ of mandamus or any other appropriate writ to the respondents to treat the Bill of Entry No. 307, dated 29-6-1996 as having been filed for the purpose of home consumption and for grant of consequential relief i.e., refund of the additional import duties collected from the petitioner on the basis of post-budget duties.2. The petitioner Company is engaged in the manufacture of phar-maceuticals (I.V. Fluids). For the purpose of furthering their manufacturing activity the petitioner filed a yellow Bill of Entry No. 307 at ICB, Pithampur on 29-6-1996 for clearance of one 'Automatic Aseptic Form Fill Seal Machine for primary packaging of Parenteral Fluids injectable liquids or any other phar-maceuticals or medicinal liquids', falling under Chapter sub-heading No. 8422.30 of the first schedule to the Customs Tariff Act, 1975 and one set of spare parts (Standard S...
Tag this Judgment!National Insurance Co. Ltd. Vs. Samuti Bai (Smt.) and ors.
Court: Madhya Pradesh
Decided on: Feb-19-1997
Reported in: (1997)IILLJ1176MP
ORDERS.C. Pandey, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as, the Act) is directed against the order dated August 2, 1994, passed by the Commissioner for Workmen Compensation-cum-Labour Court No. 1, Bhopal in Claim Case No. 7/89 (WCA), whereby the respondents No. 1 to 5 have been awarded a sum of Rs. 44,201 as compensation plus penalty of Rs. 15,000 with interest @ 6% p.a. from the day to the incident, i.e. May 5, 1989.2. The case of the Respondents No. 1 to 5 was that the workman Gendalal was working with the respondent No. 6, M/s. Ashok Stone Crushing Company, Village Jhirnia, Thesil Hoozur, District Bhopal. During the course of employment, he died. At the time of his death, he was aged about 15 years and his monthly wages were Rs. 600. It appears that Respondent No. 6 has denied the claim of the Respondents 1 to 5. So far as Respondents No. 2 to 4 were concerned, no written statement was filed. The appellant also denied the ...
Tag this Judgment!National Mineral Development Corporation Vs. Smt. Bindi Bai Nagesh and ...
Court: Madhya Pradesh
Decided on: Feb-19-1997
Reported in: 1997(2)MPLJ187
ORDERS.C. Pandey, J.1. This appeal Under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as, the Act) is directed against the order, dated 21-4-1995, passed by the Commissioner for Workmen Compensation-cum-Labour Court, Jagdalpur in Claim Case No. 40/93 (WC).2. The relevant facts for disposal of this appeal are as follows. The respondent is the widow of Sukhru Ram Nagesh. She filed an application for compensation under the provisions of the Act, claiming that her husband died on 19-7-1992 during the course of employment with the appellant as a result of an accident. Sukhru Ram Nagesh was in the employment of the appellant and he was posted on his duty of helper. He was working in the second shift when he complained of chest pain. Thereafter he suffered a heart attack and fell down from about 150 feet above the ground. He was declared dead. His post mortem examination revealed that he suffered a cardiac respiratory arrest. The respondent claimed compensation ...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Tulsi Bai and ors.
Court: Madhya Pradesh
Decided on: Feb-19-1997
Reported in: 1998ACJ799
D.P.S. Chauhan, J.1. The present revision-application is directed against the order dated 18.10.1996 passed in Claim Case No. 82 of 1995, by the 7th Additional Motor Accidents Claims Tribunal, Raipur.2. Heard the learned Counsel for the applicant.3. The revision involves the question of law and is being accordingly disposed of finally at the motion stage with the consent of the learned Counsel for the applicant.4. The question for consideration as formulated by the learned Counsel is as:Whether the policy or the certificate of insurance to be operative with effect from the time when the insurance of the vehicle was obtained and whether the order in question suffers from any illegalityDetailed facts for determination of this question are not necessary except the facts which may have peripheral relevance.One Dhannumal met with an accident with Hero Honda No. MP-23-F/4634 as a result whereof he died on the spot. According to the applicant, the accident took place on 9.9.1993 at 12.30 p.m....
Tag this Judgment!Lalita Devi and ors. Vs. Suresh and ors.
Court: Madhya Pradesh
Decided on: Feb-17-1997
Reported in: II(1998)ACC499; 1999ACJ1497
R.D. Shukla, J.1. The appeal is directed against the award dated 30.8.1995 of the Motor Accidents Claims Tribunal, Mhow, passed in Claim Case No. 101 of 1990, whereby compensation of Rs. 1,56,000 in all by calculating dependency of Rs. 1,300 p.m. and by applying a multiplier of 10 is awarded.2. It is not in dispute that Shantilal died in a motor accident. No appeal has been filed by the other side and, therefore, it is also proved that he met with accident and died due to rash and negligent driving of the vehicle by respondent No. 1, who was driver and in the employment of respondent No. 2. The vehicle was insured with respondent No. 3. The learned Tribunal has assessed income of the deceased at Rs. 2,000 p.m. and, therefore, assessed dependency at Rs. 1,300 p.m. The age of the deceased was calculated as 45 years and a multiplier of 10 has been applied.3. It has come in evidence that the deceased was an agriculturist and was holding about 110 acres of land and was also producing and se...
Tag this Judgment!Madhya Pradesh Electricity Board, Jabalpur Vs. Saugor Electric Supply ...
Court: Madhya Pradesh
Decided on: Feb-15-1997
Reported in: AIR1998MP168; 1999(1)MPLJ299
ORDERC.K. Prasad, J.1. Sagar Electricity Supply Company and Jabalpur Electricity Supply Company were the licensees under the Indian Electricity Act, 1910. Before the expiry of the period of their licence, the State Legislature enacted M.P. Vidyut Pradaya Upakaran (Arjan) Adhiniyam. 1974 (hereinafter referred to as the Act) which came into force on 10-9-1974. The Act provided for the acquisition of the Jabalpur Electricity Supply Company Ltd. and Sagar Electricity Supply Company Ltd. (hereinafter referred to as the Company' Jesu and Sesu' respectively). Section 5 of the Act provides for vesting of the undertaking to the State Government Undertaking has been defined under Section 3(j) of the Act which means an electricity supply undertaking owned and managed by licensee and specified in schedule 1 of the Act, JESU and SESU figure in schedule 1 of the Act and by force of the said provision same stood transferred to and vested in the State Government. Section 9 of the Act confers powers on...
Tag this Judgment!Shyamkali Vs. Bhaiyalal @ Ganesh
Court: Madhya Pradesh
Decided on: Feb-15-1997
Reported in: II(1997)DMC565
R.P. Gupta, J.1. This petition is directed under Section 482 Cr. P.C. to invoke inherent powers of this code to correct the alleged injustice to the petitioner, vide order dated 10.11.1990 passed by Illrd Additional Sessions Judge, Rewa. The petitioner is the wife of the respondent. She filed, this petition under Section 125 Cr. P.C. claiming maintenance before the Judicial Magistrate, 1st Class, Mauganj. The Magistrate, however, found that she is living in adultery with her brother-in- law and her allegation about remarrying of her husband was not proved. In spite of her husband's attempt to live with his and family, she did not agree to do so. Hence the petition was dismissed.2. The learned Addl. Sessions Judge held that the allegation of adultery against the petitioner, is totally without any evidence, that there was no specific evidence about the extent of earning of the husband, and whether he was earning sufficiently to provide maintenance to the petitioner. The Court also held t...
Tag this Judgment!Shyamkali D/O Vidyarthi Ram Vs. Bhaiyalal @ Ganesh S/O Yamuna Prasad
Court: Madhya Pradesh
Decided on: Feb-15-1997
Reported in: 1999(1)MPLJ237
R.P. Gupta, J.1. This petition is directed under Section 482 Criminal Procedure Code to invoke inherent powers of this Code to correct the alleged injustice to the petitioner, vide order dated 10-11-1990 passed by IIIrd Additional Sessions Judge, Rewa. The petitioner is the wife of the respondent. She filed this petition under Section 125 Criminal Procedure Code claiming maintenance before the Judicial Magistrate, 1st Class, Mauganj. The Magistrate, however, found that she is living in adultery with her brother-in-law, and her allegation about remarrying of her husband was not proved. In spite of her husband's attempt to live with her and family, she did not agree to do so. Hence the petition was dismissed.2. The learned Additional Sessions Judge held that the allegations of adultery against the petitioner, is totally without any evidence, that there was no specific evidence about the extent of earning of the husband, and whether he was earning sufficiently to provide maintenance to th...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Tarabai and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1997
Reported in: 2(1997)ACC88
R.D. Shukla, J.1. The following question of law has been referred to by learned Single Judge:Whether the Insurance Company should be held liable for the penalty arising under the Workmen's Compensation Act, Under Section 4A thereof.2. This Division Bench has been constituted to answer the question as there is difference of opinion between Judges of this High Court as to whether Insurance Company can be saddled with the liability of payment of penalty3. Section 4A of the Workmen's Compensation Act, 1923 reads as follows:4-A. Compensation to be paid when due and penalty for default. -- (1) Compensation under Section 4 shall be paid as soon as it falls due.(2) In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which be accepts, and such payment shall be deposited with the Commissioner or made to the workman, as the case may be, without prejudice to the right of the...
Tag this Judgment!Smt. Saraswatidevi and anr. Vs. Krishnaram Baldeo Bank Limited and anr ...
Court: Madhya Pradesh
Decided on: Feb-13-1997
Reported in: AIR1998MP73; [2001]103CompCas485(MP); 1998(2)MPLJ195
A.R. Tiwari, J. 1. The original defendants have filed this Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 11-9-75 passed by the District Judge, Ujjain in Civil Regular Appeal No. 5-B/74 thereby sustaining the judgment and decree dated 12-2-74 passed by Second Civil Judge Class I, Ujjain in COS No. 26-B/73. 2. Briefly stated, the facts of the case are that the appellant No. 1 (Defendant No. 1) mortgaged the agricultural lands area 10 Bighas and 19 Biswas with respondent No. 1 on 10-6-69 for a consideration of Rs. 5,000/-. The appellant No. 2 (defendant No. 2) had stood surety for repayment of the mortgaged amount. The mortgage was a simple mortgage and the possession continued with appellant No. 1. The interest was to be paid @ Rs. 9.50 per cent per annum. The period of mortgage was three years and the repayment was to be made in three instalments falling due on 10-6-70, 10-6-71 and 10-6-72. The first two instalments were agreed to b...
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