Madhya Pradesh Court October 1999 Judgments
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Narendra Pratap Singh Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Oct-07-1999
Reported in: 2000(2)MPHT155; 2000(1)MPLJ401
ORDERS.P. Khare, J.1. This is a petition under Articles 226 and 227 of the Constitution of India challenging the order dated 6-5-1999 (Annexure P-15) passed by the Board of Revenue in Misc. Case No. 806/3-99.2. The petitioner was one of the nine elected directors of respondent No. 4 District Co-operative Central Bank, Sidhi. Respondent No. 6 Rajbali Singh was the Chairman of the Board of Directors. The petitioner and six other directors have resigned. Four of them did so on 23-3-1999, two on 29-3-1999 and one on 26-4-1999. The Manager of the Bank who is also Secretary of the Committee (Board of Directors) convened a meeting to be held on 30-3-1999 for consideration of these resignations by the Committee. Respondent No. 6 challenged the notice calling this meeting before the Board of Revenue in Revision No. 564/3-99. By an order dated 26-3-1999 the Board of Revenue sent the case to the Joint Registrar, Co-operative Societies, Rewa as he had concurrent jurisdiction in hearing the revisio...
Smt. Janki and ors. Vs. Afraz Khan and ors.
Court: Madhya Pradesh
Decided on: Oct-07-1999
Reported in: I(2000)ACC193
ORDERFakhruddin, J.1. All the aforesaid appeals arise out of an order exonerating the Insurance Company from paying interim compensation under no fault liability and the owner of the offending vehicle alone has been held liable to pay the compensation by the impugned orders which are under challenge in these appeals, praying for saddling the liability on the Insurance Company.2. Learned Counsel for respondent No. 3-Insurance Company submitted that they did not oppose the prayer of the claimants before the Tribunal, but the Tribunal applying its own mind, relying upon the decision passed by the Apex Court in Civil Appeal No. 11989-11994 11989-11994 of 98, decided on 22nd July, 1998, in case of National Insurance Co. Ltd. v. Jothu Ram and Ors. has held that the Insurance Company is not liable. Counsel representing the respondent No. 3-Insurance Company stated that there is no dispute regarding insurance of the offending vehicle and the Company has admitted that. Copy of the aforesaid dec...
Dharampal Singh Pall Vs. Central Board of Direct Taxes and ors.
Court: Madhya Pradesh
Decided on: Oct-06-1999
Reported in: [2001]250ITR629(MP)
S.P. Khare, J. 1. This is a petition under Article 226 of the Constitution of India challenging the letter No. CCIT/MP/119(2 )(b)/T/R-357/96-97/7244(2), dated February 14, 1997 (annexure-P/4) of the Chief Commissioner of Income-tax which has been communicated to the petitioner by letter dated February 20, 1997 of the Commissioner of Income-tax, Jabalpur, by which the application for condonation of delay in claiming the refund of income-tax under Section 119(2)(b) of the Income-tax Act, 1961, has been rejected.2. The petitioner is a contractor. Income-tax has been deducted at source from his income as a contractor. He claims that the amounts of Rs. 75,623, Rs. 76,417 and Rs. 66,024 for the years 1991-92, 1992-93 and 1993-94, respectively, are refundable to him. He has filed the returns in the year 1996. He applied for condonation of delay. That application has been rejected by respondent No. 1--Central Board of Direct Taxes, New Delhi, as communicated to the petitioner by the impugned o...
Mohammad HussaIn Vs. Iqubal HussaIn and ors.
Court: Madhya Pradesh
Decided on: Oct-06-1999
Reported in: I(2000)ACC385
Shambhoo Singh, J.1. The claimant has filed this appeal for enhancement of compensation awarded to him vide award dated 30.7.1997 passed by Addl. Member, Motor Accident Claims Tribunal, Mandsaur, in Claim Case No. 8/96.2. The appellant's case, in brief, was that on 26.12.1995 respondent No. 1 drove tempo No. M.P. 14-8-0583, belonging to respondent No. 2 and insured with respondent No. 3, in rash and negligent manner and dashed against the appellant on bus-stand Mandsaur, as a result of which the appellant suffered grievous injuries. He was admitted in Mandsaur Hospital and thereafter he was shifted to Bombay at Sir Hurkisondas Nurrottamdas Hospital and Research Centre where he was operated and plate was fixed in his hip bone. He became permanently disabled. He filed claim case seeking compensation of Rs. 5,50,000/-. The respondents resisted the claim. The respondent No. 3 Insurance Company inter alia pleaded that respondent No. 1 had no valid driving licence and, therefore, it was not ...
Adarwati and anr. Vs. Mohanlal and ors.
Court: Madhya Pradesh
Decided on: Oct-05-1999
Reported in: 2001ACJ1992
S.C. Pandey, J.1. This is a revision against the order dated 10.10.98, in Motor Accident Claim Case No. 27 of 1998, whereby the Motor Accidents Claims Tribunal, Jabalpur has rejected the claim application filed by the applicants on the ground that the applicants are not residing at Jabalpur. They were residing at Narsinghpur at the time of the accident. The accident occurred in the District Seoni, near Chhapara. The applicants were permanent residents of village Paylikala, Police Station Chhapara, Tahsil Lakhnadaun, District Seoni and, therefore, they cannot file the claim petition on the basis that they were residing at Jabalpur at Chhui Khadan, Gangasagar, Garha. The permanent address given by the applicants in their application was that they were residents of village Paylikala, Police Station Chhapara, Tahsil Lakhna-daun, District Seoni. They had filed an affidavit to the effect that they were residing at Jabalpur and they do not want to shift from Jabalpur to their village Paylikal...
Mahesh Kumar and ors. Vs. Munnalal and ors.
Court: Madhya Pradesh
Decided on: Oct-05-1999
Reported in: 2001ACJ1496; 2000(2)MPLJ221
S.C. Pandey, J.1. This is an appeal against the order dated 25.9.1998 arising out of Claim Case No. 130 of 1997 whereby the Claims Tribunal, presided over by 12th Additional District Judge, Jabalpur, has granted an interim award of Rs. 25,000 under Section 140 of the Motor Vehicles Act for death of Rama Bai, aged about 30 years, to the appellants against respondent No. 1, Munnalal, driver of the truck, respondent No. 2 Capital Roadways and Finance Private Limited, Chhola Road, Bhopal and respondent No. 3, Oriental Insurance Co. Ltd., Napier Town, Jabalpur.2. Disposal of this appeal shall also govern the disposal of Misc. Appeal No. 1647 of 1998, arising out of Claim Case No. 132 of 1997, Misc. Appeal No. 1648 of 1998, arising out of Claim Case No. 134 of 1997, Misc. Appeal No. 1654 of 1998, arising out of Claim Case No. 128 of 1997, Misc. Appeal No. 1655 of 1998, arising out of Claim Case No. 133 of 1997 and Misc. Appeal No. 1656 of 1998, arising out of Claim Case No. 144 of 1997, beca...
Krishna Sahu Vs. Munna Lal and ors.
Court: Madhya Pradesh
Decided on: Oct-05-1999
Reported in: 2001ACJ1783
S.G. Pandey, J.1. This is an appeal against the order dated 25.9.1998 passed by the Claims Tribunal in Claim Case No. 163 of 1997, whereby the Claims Tribunal has declined to grant interim compensation to the appellant on the ground that the appellant has not suffered any permanent disablement within the meaning of Section 142 of the Motor Vehicles Act, 1988. The injury report of the appellant shows that she suffered an injury in the pelvic region. However, the injury in the pelvic region is of no consequence as it has been found to be curable but the X-ray report shows that there was a fracture of metacarpal bone of the little finger of the appellant. The refusal of the Claims Tribunal to grant interim compensation was on the ground that the injury may be grievous for the Penal Code it cannot be said to be permanent in nature within the meaning of Section 142 of the Motor Vehicles Act, 1988.2. In the opinion of this court, the nature of injury has to be judged from the report of the d...
Commissioner of Commercial Tax Vs. Dabar India Ltd.
Court: Madhya Pradesh
Decided on: Oct-04-1999
Reported in: [2000]119STC37(MP)
1. Both these M.C.Cs. being identical in nature are disposed of by this common order.2. Assessee is a manufacturer and dealer in ayurvedic medicines. He also manufactures and sells 'gulab jal'. He was charged 12 per cent sales tax on this under residuary entry but he claimed that it was ayurvedic medicine and chargeable at 3 per cent under entry 16 of Part IV (Schedule II) of the Madhya Pradesh General Sales Tax Act, 1958. He has supported it by a certificate from some of the doctors, some Sanskrit texts and on the plea that he was manufacturing it under the licence issued under the Drugs Act. His claim was, however, rejected by assessing authority and Appellate Deputy Commissioner. Board of Revenue, however, relying upon judgment of this Court took a view that 'gulab jal' was ayurvedic medicine and taxable at 3 per cent and not 12 per cent. Revenue sought reference against this and that is how we are seized of the matter and require to answer the following question :'Whether, under th...
Ramful Vs. Mukhtyar Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-04-1999
Reported in: 2(2000)ACC144; 2000(2)MPLJ11
Shambhoo Singh, J.1. The claimant has filed this appeal for enhancement of compensation amount granted vide award dated 28.7.1997 passed by Vth Additional Member, Motor Accident Claims Tribunal, Indore, in Claim Case No. 51/93.2. The appellant's case, in brief, was that on 18.9.1992 he was engaged as labourer on truck No. M.P.O. 1853 belonging to respondent No. 1 and driven by respondent No. 2 and insured with respondent No. 3. At about 3 p.m., this truck turned turtle near village Arjun Baroda, as a result of rash and negligent driving wherein the appellant sustained grievous injuries in his right leg and other parts of the body. He was admitted in M.Y. Hospital. He suffered 21% permanent disability. He filed claim case seeking compensation of Rs. 1,25,000/-. The respondent Nos. 1 and 2 remained absent and were proceeded ex parte. Respondent No. 3 Insurance Company resisted the claim and inter alia pleaded that respondent No. 2 had no valid driving licence and, therefore, it was not l...
Mahesh Kumar and anr. Vs. Hari Shanker Patel and ors.
Court: Madhya Pradesh
Decided on: Oct-02-1999
Reported in: I(2000)ACC266; 2001ACJ2071
Shambhoo Singh, J.1. This judgment shall govern the disposal of M.A. Nos. 314 and 331 of 1999 filed against the award dated 30.1.1999 passed by the M.A.C.T., Shajapur in Claim Case No. 53 of 1999.2. Appellant/claimant's case, in brief, was that he was engaged as a cleaner on Matador No. MP 13-B 6084, owned by the respondent No. 1 and driven by respondent No. 2. On 29.5.1994 respondent No. 2 drove the Matador in a rash and negligent manner, resulting in overturning near Convent School, Shajapur, on the culvert of the canal wherein the appellant sustained grievous injury in his left leg and ultimately it was amputated below the knee. He filed claim and sought compensation of Rs. 4,75,000. The respondent resisted the claim. Respondent No. 3, the insurance company, inter alia, pleaded that the respondent No. 2 had no valid and effective licence and, therefore, it was not liable to pay compensation. The Tribunal on appreciation of evidence held that the accident occurred due to rash and neg...
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