Madhya Pradesh Court February 1997 Judgments
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Gram Sewa Samiti Vs. Regional Commissioner, Employees' Provident Fund
Court: Madhya Pradesh
Decided on: Feb-13-1997
Reported in: (1997)IILLJ1202MP
S.K. Dubey, J. 1. By this petition, under Article 226 of the Constitution of India the petitioner seeks a writ of mandamus or any other suitable writ, direction or order for quashment of Annexure-P/5 dated January 4, 1985 order of levy of damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act'), for the period from May 1962 to February 1982 totalling Rs. 2,65,550.45.2. Facts: The petitioner is a registered society under the Societies Registration Act, 1960 and also under the M.P. Public Trusts Act, 1951 established with donations for carrying out and functioning since 1948 with its head office at Raipur and branch office at many places in the State of M.P. Petitioner avers that the society has been established with the object of village service by providing employment to the rural labour and for getting their leisure hours utilized. In pursuance of the objectives of the society, it is running spinning and weaving centres i...
Dharampal Ramnarayan Agrawal Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-13-1997
Reported in: 1998(1)MPLJ537
ORDERR.S. Garg, J.1. The brief facts leading to the petition are that the petitioner was holding a revolver, licence bearing No. 456/VIII/P/1983 for a period of one year. The licence was renewable for the same period after its expiry in accordance with section 15(3) of the Indian Arms Act. The petitioner filed an application for renewal of the licence on 16-6-1984. As alleged by the petitioner, without hearing the petitioner the District Magistrate contrary to the provisions of section 15(3) of the act by order dated 13-8-1984 rejected the application without recording reasons for rejection. The said order was impugned in an appeal filed under section 18 of the Indian Arms Act. The said appeal proved futile, therefore, the petitioner filed a representation to the State Government, but as the same was rejected, petitioner has filed this petition.2. Shri Prashant Mishra, learned counsel for the petitioner contends that a perusal of the order passed by the competent authority i.e. the Dis...
Worah and Company and ors. Vs. Ramkishore Patel and ors.
Court: Madhya Pradesh
Decided on: Feb-13-1997
Reported in: 1999ACJ1410
S.C. Pandey, J.1. This appeal is directed against the award, dated 20.12.1995, passed by III Addl. Motor Accidents Claims Tribunal, Satna, in Claim Case No. 68 of 1989.2. The Claims Tribunal has granted an award of Rs. 40,000 with interest at the rate of 12 per cent per annum against the appellants. The appellant Nos. 1 and 2 are the owners of the truck No. CPS 7711 in question. The appellant No. 3 is the driver of the truck. The Claims Tribunal has not granted any award against the respondent No. 7, the New India Assurance Co. Ltd.3. In this appeal, the learned Counsel for the appellants argued that the Claims Tribunal ought to have made the respondent No. 7 liable to pay the amount of award in question to the respondent Nos. 1 to 6 jointly and severally along with the appellants. The contention of the learned Counsel for the appellants is that it is established from the evidence on record that the deceased was not a gratuitous passenger in the sense he had paid fare to the conductor ...
National Mineral Development Corporation Vs. Bindi Bai (Smt.) and anr.
Court: Madhya Pradesh
Decided on: Feb-12-1997
Reported in: (1998)ILLJ85MP
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 April 21, 1995, passed by the Commissioner for Workmen Compensation-cum-Labour Court, Jagdalpur in Claim Case. No 40/93 (AC).2. The relevant facts for disposal of this ap- peal 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 July 19, 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 morteum examination revealed that he suffered a cardiac respiratory arrest. The respondent claimed...
A.K. Shrivastava Vs. Presiding Officer, Central Government Industrial ...
Court: Madhya Pradesh
Decided on: Feb-12-1997
Reported in: 1997(2)MPLJ274
ORDERC.K. Prasad, J.1. Whether the date of termination shall date back to the date of the original order passed by the employer or shall be the date of award, in a case where the departmental enquiry which resulted into termination of service is held to be vitiated, but the misconduct is proved in the proceeding before the Labour Court, is the question, which falls for determination in all these writ petitions.2. Shri R. K. Gupta, appearing on behalf of the petitioners i.e. workman contends that the departmental enquiry which led to dismissal of a workman having been held to be bad in the proceeding before the Labour Court, the termination order will not date back to the date of order passed by the employer. In support of the aforesaid submission Shri Gupta has placed reliance on a three Judges Bench Judgment of the Apex Court in the case of Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha, 1980 (2) SCR 146 and my attention has been drawn to the following passage from the ...
Gwalior Road Lines Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-08-1997
Reported in: [1998]234ITR230(MP)
R.D. Shukla, J.1. This order shall also dispose of I. T. R. No, 46 of 1997 (Gwalior Road Lines v. CIT), as common questions of fact and law arise in both the cases.2. These are applications under Section 256(2) of the Income-tax Act (hereinafter referred to as 'the Act'), seeking a direction against the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal'), for referring to the High Court the following questions of law for answer:'Question No. 1.--Whether the Tribunal is right in law and had any material before it to. hold in para. 7 that in the instant case there is absolutely no evidence about the factum of payments of the alleged tips to the policeman, etc., and deduction claimed at Rs. 76,365 and Rs. 68,087 for the assessment years 1986-87 and 1987-88, respectively, on payments of tips to policemen, etc., on way side by drivers while driving their vehicles is not an admissible expenditure under Section 37(1) of the Income-tax Act, 1961 ? Question No. 2-- Whether...
Meena and ors. Vs. Madhya Pradesh State Road Trans. Corpn. and anr.
Court: Madhya Pradesh
Decided on: Feb-08-1997
Reported in: 1999ACJ510
S.K. Dubey and Shambhoo Singh, JJ.1. This is a claimants' appeal under Section 110-D of the Motor Vehicles Act, 1939 (in short 'the Act') for enhancement of the compensation awarded in Claim Case No. 20 of 1983 vide award dated 29.4.1987 passed by the Motor Accidents Claims Tribunal, Raisen.2. The deceased D.D. Khanna was an employee of State Government in revenue department who was posted as Tehsildar and was drawing net pay of Rs. 1,720 p.m. On 10.5.1983 he was travelling in a bus owned by respondent No. 1, driven by respondent No. 2 which dashed against the truck by going on its wrong side resulting in the instantaneous death of D.D. Khanna as well as the driver of the truck. The legal representatives of the deceased D.D. Khanna and also that of the driver filed applications under Section 110-A of the Act claiming compensation. The present appellants are the legal representatives of the deceased D.D. Khanna who claimed compensation of Rs. 3,55,000 for the death of the deceased. The ...
Phoolchand Surana Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-07-1997
Reported in: AIR1997MP254
R.S. Garg, J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks the relief that the respondents be directed to issue necessary permission for starting the cinema.2. Brief facts, as stated by the petitioner in support of the petition, are that the petitioner is sole owner of Ratan Talkies, Bemetara, District-Durg. It was constructed in the year 1984. The said talkies was run by the petitioner from 1984 to 12-2-1990 thereafter, according to the petitioner, he stopped exhibiting the films in the said cinema theatre and as alleged by him let out the hall and furniture on 12-5-1990 to Subhash Chandra Surana to run a video parlour for a monthly rent of Rs. 4,000/- (Four Thousand). The said Subhash Chandra Surana was granted a licence to run the Video parlour and in the said licence (Annexure P/2) it was clearly mentioned that the present petitioner is the owner of the building. The petitioner had nothing to do with the business of Subhash Chandra Surana....
Maya Shrivastava Vs. Manoj Kumar
Court: Madhya Pradesh
Decided on: Feb-04-1997
Reported in: II(1997)DMC186
D.P.S. Chauhan, J.1. Heard the learned Counsel for the applicant, Mr.Pawan Kumar Shrivastava.2. The present revision is directed against the order dated 4.4.1996.3. Applicant Srnt. Maya Shrivastava is the defendant in the case filed by her husband Manoj Kumar Under Section 13 of the Hindu Marriage Act, 1955 (for brevity hereinafter referred to as 'the Act') seeking relief of divorce. In the said suit proceedings an application Under Section 24 of the Act was moved by the present applicant for grant of maintenance. The application was rejected by the Court below, where against the present revision is filed.4. Learned Counsel for the applicant submitted that the Court below has committed error in passing the impugned order as the agricultural property is a joint property succeeded from his father arid as such the same could not fall within the category of words 'independent income' as used in Section 24 of the Act. Secondly, the Court has also taken into consideration the character of th...
Geeta Bai and ors. Vs. Ram Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-04-1997
Reported in: 1998ACJ1231
R.D. Shukla, J.1. The appeal is directed against the judgment and award dated 30.1.1990 of the M.A.C.T., Khargone, passed in Claim Case No. 1 of 1987 whereby claimants' application for compensation has been dismissed.2. This is not in dispute that Jalamsingh was husband of claimant-appellant No. 1 and father of claimant-appellant Nos. 2 to 4. He died in the motor accident. He was thrown from tractor-trolley and crushed.3. The respondent Nos. 2 and 2-A are the owners of the tractor-trolley. It was insured with N.A. respondent No. 4 and was working for respondent No. 3 who is a contractor.4. Claimants' case in brief is that Jalamsingh was working as labourer and was being taken to the work-site on the tractor. Respondent No. 1 was driving the vehicle rashly and negligently. He took a sudden turn which caused jerk. Jalamsingh was thrown thereby and was crushed under the wheel of trolley.He sustained grievous injuries and was admitted in Khargone Hospital and died.5. It is further asserted...
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