Madhya Pradesh Court July 1999 Judgments
Mpsrtc and anr. Vs. Smt. Chandrakanta Alias Chandrakala
Court: Madhya Pradesh
Decided on: Jul-31-1999
Reported in: 2000(2)MPHT190
ORDERJ.G. Chitre, J.1. On 08-05-95, the respondent Smt. Chandrakanta alias Chandrakala, daughter of Dhannalal Lad was travelling in the bus bearing Registration No. MTH-7922 belonging to the Madhya Pradesh State Road Transport Corporation (hereinafter referred to as 'Corporation' for convenience). When the said bus was proceeding from Indore towards Dhar, the tyre of the bus got burst and resultantly the bus dashed against a tree which resulted in injuries to the respondent Chandrakanta's lip and on her leg. The lip was cut and on account of that and as per the allegation of Chandrakanta, she suffered permanent disfiguration. The Tribunal granted compensation to the claimant Chandrakanta, to the tune of Rs. 26,400/- with interest at the rate of Rs. 12/-per cent per annum and that is put to challenge in this appeal.2. Shri Zelawat, counsel appearing for the appellant submitted that the injuries sustained by Chandrakanta were not serious, grievous and were not causing any disability to h...
Tag this Judgment!Ashasakiya Shastri Uchchtar Madhyamik Vidyalaya Vs. State of M.P. and ...
Court: Madhya Pradesh
Decided on: Jul-30-1999
Reported in: 1999(2)MPLJ626
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India for a direction to the respondents to take over the management of the School of the petitioner.2. The petitioner is a registered Society. It is running a High School in Kari Nagar Panchayat area in district Tikamgarh. The State Government has upgraded the Government Middle School in Kari to High School level. The petitioner's proposal for taking over the management of its school has been rejected by the Government by order dated 22-3-1997 in view of its policy decision dated 10-3-1997 not to take over the management of any private school. In an earlier writ petition the petitioner was directed to make the representation to the Government and that has been rejected by the impugned order.3. The petitioner's case is that with the establishment of Government High School in the year 1996 the strength of the students in the school run by the petitioner has gone down. It is also the case of the petitioner ...
Tag this Judgment!State of M.P. and ors. Vs. R.K. Joshi and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1999
Reported in: 2000(1)MPHT206; 2000(1)MPLJ467
ORDERS.P. Srivastava, J. 1. Feeling aggrieved by the order passed by the M.P. State Administrative Tribunal, Gwalior, whereunder allowing the application filed by the respondent No. 1 herein, the present petitioners had been directed to pay interest at the rate of 12 per cent per annum on the withheld amount of death-cum-retirement gratuity for the period from the date of retirement of the said respondent till the actual payment of the said amount, which was required to be paid within a period of three months from the date of the order, they have approached this Court by means of the present writ petition under Article 227 of the Constitution of India seeking redress praying for the reversal of the impugned order passed by the Tribunal.2. We have heard the learned Government Advocate representing the petitioners as well as the respondent No. 1, who has put in appearance in the case at this stage, and have carefully perused the record.3. The facts in brief, shorn of the details and nece...
Tag this Judgment!Alka Grewal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-30-1999
Reported in: 2000CriLJ672; 2000(1)MPHT435
ORDERR.P. Gupta, J.1. It is conceded by both the counsel that the petition may be finally decided at this stage.2. The petitioner has been charge sheeted for offence punishable under Section 306 I.P.C.. Her husband Rakesh Grewal committed suicide on 1-2-96 by hanging himself in his own house. He was married to the petitioner on 26-7-92. They lived together till 23-3-93 and then separated. The husband filed the divorce suit against her on ground of unchastity as she developed illicit relationship with one Dhanraj Choudhary, Advocate. That suit was pending still when he committed suicide. The suicide note written by the deceased was found in the house on 3-4-96 wherein he has stated in what circumstances he committed suicide. The narration is that this lady was behaving in immoral manner having sexual connections with Dhanraj and on objection by the husband, her mother was creating a scene and declaring that this was the freewill of the girl and he was nobody to object. All this had pain...
Tag this Judgment!Ashaskiya Shastri Uchchtar Madhyamik Vidyalaya Vs. State of M.P. and o ...
Court: Madhya Pradesh
Decided on: Jul-30-1999
Reported in: 2000(1)MPHT526
ORDERS.P. Khare, J.1. This is a petition under Article 226 of the Constitution of India for a direction to the respondents to take over the management of School of the petitioner.2. The petitioner is a registered Society. It is running a High School in Kari Nagar Panchayat area in district Tikamgarh. The State Government has upgraded the Government Middle School in Kari to High School level. The petitioner's proposal for taking over the management of its school has been rejected by the Government by order dated 22-3-1997 in view of its policy decision dated 10-3-1997 not to take over the management of any private school. In an earlier writ petition the petitioner was directed to make the representation to the Government and that has been rejected by the impugned order.3. The petitioner's case is that with the establishment of Government High School in the year 1996 the strength of the students in the school run by the petitioner has gone down. It is also the case of the petitioner that...
Tag this Judgment!J.N. Fuloria Vs. Smt. Benibai and anr.
Court: Madhya Pradesh
Decided on: Jul-30-1999
Reported in: 2000(2)MPHT152; 2000(1)MPLJ459
ORDERR.P. Gupta, J.1. The petitioner was a Divisional Forest Officer, West Mandla on 6-11-92. He feels aggrieved by the order dated 4-1-1994 passed by Judicial Magistrate First Class, Mandla, in Complaint Case No. 1/94, whereby the Magistrate took cognizance of offence under Sections 294 and 500 I.P.C. and under Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and directed summons to be issued against him.2. The allegations in the complaint were made by one Beni Bai that she was a daily wager in his department and she and other daily wagers were not given work in that particular period of November, 1992 because of non-availability of the budget allocation for that purpose. They approached Conservator of Forest and thereafter this petitioner, praying for work as before, but, he declined and since they had insisted on him time and again for that purpose, on that particular day on 6-11-92 at forest rest house, Mandla, this accused abused them...
Tag this Judgment!National Insurance Co. Ltd. Vs. Kamal and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1999
Reported in: I(2000)ACC249; 2001ACJ1773
J.G. Chitre, J.1. The appellant impugns the award passed by Member, Motor Accidents Claims Tribunal, Dhar in M.A.C. No. 102 of 1994 wherein the Tribunal has awarded Rs. 50,000 to the claimants recoverable from the appellant and respondent No. 3 by holding that on the date and time of the accident involved vehicle was insured with the appellant.2. Mr. Dandwate, counsel for the appellant submitted that though the record shows that the accident took place at about 2.00 p.m., the insurance cover note was executed at 3.15 p.m. The Tribunal rejected the evidence adduced by the appellant and awarded compensation to the claimants recoverable from the appellant also. Mr. Dandwate placed reliance on the judgment of Supreme Court in National Insurance Co. Ltd. v. Jikubhai Nathuji Dabhi 1997 ACJ 351 (SC), wherein the Supreme Court held that:When the contract of insurance was renewed at 4.00 p.m. on 25.10.1983, it would be operative up to 24.10.1984.It further held that-The Tribunal in that matter ...
Tag this Judgment!Dr. Suneer Sharma Vs. Dr. Madhurlata Sharma
Court: Madhya Pradesh
Decided on: Jul-29-1999
Reported in: AIR2000MP26; 1999(2)MPLJ603
N.G. Karambelkar, J. 1. Appellant/ Defendant-husband Dr. Suneer Sharma has filed this appeal against the Judgment and decree dated 8-5-1998 passed by the learned single Judge of this Court in First Appeal No. 220/97 confirming the judgment and decree passed by the trial Court in case No. 576-A/ 91. 2. Facts not disputed are that the appellant and the respondent were married on 16-11-1984 at Kherapati Colony, Gwalior. At the time of marriage, appellant was possessing M.B.B.S. degree and the respondent-wife was possessing post graduate degree in medical science. At that time, appellant was serving as a medical officer in Co-operative Sugar Factory at Panipat. In the same year the respondent wife got an appointment as medical officer in N.F.L. Panipat where she was also allotted an official residence in the campus of the hospital. The couple lived peacefully for a period of about 2 years in the ancestral residence of the appellant at Panipat. However, when after a lapse of 2 years, the re...
Tag this Judgment!Commissioner of Income-tax Vs. Ladharam Lakhimal
Court: Madhya Pradesh
Decided on: Jul-29-1999
Reported in: [2000]245ITR340(MP)
1. The Income-tax Appellate Tribunal, Indore, has referred the following question for the opinion of this court :'Whether, on the facts and circumstances of the case, the Tribunal is justified in holding that there was no approval by the Range Deputy Commissioner for issuance of notice under Section 143(2) of the Act ?'2. It appears that the assessee filed a return of income for the assessment year 1985-86, which was accepted by the Assessing Officer under Section 143(1) on February 16, 1987. However, the Assessing Officer wanted to verify the correctness of the return and sent a proposal vide Section 143(2)(b) to the Range Deputy Commissioner for his approval of issue of notice which was allegedly granted on October 16, 1987. Accordingly, a notice under Section 143(2) was issued to the assessee and assessment made on a total income of Rs. 3,75,235.3. The assessee took appeal against this which was allowed partly. The matter was carried to the Tribunal by the Revenue and it was found t...
Tag this Judgment!Commissioner of Income-tax Vs. Keshipra and Co.
Court: Madhya Pradesh
Decided on: Jul-29-1999
Reported in: [2000]245ITR698(MP)
B.A. Khan, J. 1. Penalty was imposed on the assessee of Rs. 32,880 for the assessment year 1985-86 and Rs. 1,00,000 for the assessment year 1986-87 for not filing the audit report. The assessee took appeal against this before the Commissioner of Income-tax (Appeals) and showed that the audit report was filed and that the requirement of filing the audit report was brought into force by the Finance Act, 1988, from April 1, 1989, and thus, was not attracted to the case. The Commissioner of Income-tax (Appeals) dismissed the appeal and the assessee carried the matter to the Tribunal which found on the facts that the assessee had submitted the audit report vide receipt No. (333898, dated March 21, 1990, thus, satisfying the requirement. It accordingly held levy of penalty illegal and also observed that the imposition of such penalty was otherwise barred by limitation under Section 275.2. The Revenue seized the limitation issue and sought reference on this which was rejected by the Tribunal ...
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