Madhya Pradesh Court August 1999 Judgments
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Pappoo Vs. Om Prakash and ors.
Court: Madhya Pradesh
Decided on: Aug-30-1999
Reported in: I(1999)ACC335; 2001ACJ1525
S.P. Srivastava, J.1. Heard the learned counsel for the appellant. Perused the record.The claimant-appellant feels aggrieved by the award of the Motor Accidents Claims Tribunal whereunder as against his claim for a compensation of an amount of Rs. 5,39,000 on the ground of death of his father in the motor accident, he had been awarded a sum of only Rs. 25,000 against the owner and the driver exonerating the insurer. He had filed an appeal under Section 173 of the Motor Vehicles Act, 1988, confining his claim to Rs. 90,000 only, which was dismissed by the learned single Judge.2. Being aggrieved claimant-appellant has now come up in Letters Patent Appeal seeking reversal of the impugned order.3. The learned single Judge in the impugned order has affirmed the award of the Motor Accidents Claims Tribunal determining the amount of compensation at a figure of Rs. 25,000 recoverable from respondent Nos. 1 and 2, owner and driver respectively exonerating the insurer, respondent No. 3, from the...
Babu Ram Vs. Om Prakash and ors.
Court: Madhya Pradesh
Decided on: Aug-30-1999
Reported in: 2000ACJ393
S.P. Srivastava, J.1. Heard the learned counsel for the appellant. Perused the record.2. The claimant-appellant, feeling aggrieved by an award of Motor Accidents Claims Tribunal whereunder as against his claim for a compensation of an amount of Rs. 9,00,000 on the ground of permanent disability being suffered by him as a result of the injuries leading up to the amputation of his leg from just above the knee, had been awarded a sum of only Rs. 50,000 against the owner and the driver exonerating the insurer, had filed an appeal under Section 173 of the Motor Vehicles Act confining his claim to Rs. 95,000 only, which was dismissed by a learned single Judge vide the impugned order.3. Being aggrieved, claimant-appellant has now come up in Letters Patent Appeal seeking reversal of the impugned order.4. The learned single Judge in the impugned order has affirmed the award of the Motor Accidents Claims Tribunal determining the amount of compensation at a figure of Rs. 50,000 recoverable from r...
Shree Synthetics Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Aug-30-1999
Reported in: 1999(66)ECC66; 1999LC832(MP); 1999(114)ELT791(MP)
ORDERB.A. Khan, J.1. Petitioner Company is manufacturing various types of Nylons and Polyester Yarn which is subjected to Excise Duty under the Central Excise Act.2. It seems to have claimed credit under 'Modvat Scheme' for one of its claimed products born out of the manufacturing process namely Methanol, on the plea that it was a final product and fell within the ambit of Notification No. 177/86.3. Revenue, however, rejected the plea and Superintendent, Central Excise, Ujjain, issued show cause notices, dated 15-2-1991, 25-4-1991, 30-5-1991, 20-6-1991, 23-8-1991 and 18-11-1991 (Annexures C/l to C/6) to the Company to show cause for availment of allegedly wrong credit under the 'Modvat Scheme'.4. The Company has challenged these show cause notices claiming that Methanol was final product like the yarn and that it was entitled to take credit for this under the Scheme.5. It is admitted position that Revenue had not passed any final order in the matter but had only issued show cause notic...
Pappu Vs. Omprakash and Two ors.
Court: Madhya Pradesh
Decided on: Aug-30-1999
Reported in: I(2000)ACC22
S.P. Srivastava, J.1. Heard the learned Counsel for the appellant. Perused the record.The claimant-appellant feels aggrieved by an award of the Motor Accident Claims Tribunal whereunder as against his claim for a compensation of an amount of Rs. 5,39,000/- on the ground of death of his father in the motor accident, he had been awarded a sum of only Rs. 25,000/- against the owner and the driver exonerating the insurer. He had filed an appeal under Section 173 of the Motor Vehicles Act confining his claim to Rs. 90,000/- only, which was dismissed by the learned Single Judge.2. Being aggrieved the claimant-appellant has now come up in Letters Patent Appeal seeking reversal of the impugned order.3. The learned Single Judge in the impugned order has affirmed the award of the Motor Accident Claims Tribunal determining the amount of compensation at a figure of Rs. 25,000/- recoverable from respondents No. 1 and 2, owner and driver respectively exonerating the insurer, respondent No. 3, from t...
S.P. Anand Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1999
Reported in: AIR2000MP47
ORDER1. Shri S. P. Anand, the petitioner is present in person. 2. Shri Anand makes a prayer for recalling the order which has been passed by this Court on 17-6-99 by which his writ petition bearing No. 795/99-SP Anand v. Union of India and others, was dismissed. Shri Anand has placed reliance on the observations of the Supreme Court in some cases. There cannot be a debate that the ratio of the decisions of the Supreme Court are binding on all Courts of India in view of Article 14 of the Constitution of India. Nonetheless, the ratio has to be applied to the particular case keeping in view the facts and circumstances of that case. The situation which arose on account of Kargil infiltration was unique in the history of India. Such situation was not faced by our nation in the past as it faced its face in the relevant period. 3. In our opinion, the public interest cannot be more than national interest and national security. There could be reasonable restriction on the rights of the citizens...
Lakhan Singh Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1999
Reported in: (2000)ILLJ899MP; 2000(1)MPLJ142
ORDERA.K. Mathur, C.J.1. This is a reference made by the learned single Judge to the larger Bench on the ground that the question of law which is involved in the petition is of wider importance.2. For purposes of disposal of this matter, it will be relevant to refer to few facts of the case. The petitioner was an employee of the the-then Chhindwara Electric Supply Company, Chhindwara. It was taken over by the M.P. Electricity Board (for short 'Board'), therefore the services of the petitioner were merged with the Board by order dated March 10, 1966 and the petitioner was appointed as a Line Worker. It is alleged by the petitioner that his services were not properly counted and he was retired from service on attaining the age of superannuation on March 31, 1995 by treating his services in the Board with effect from January 16, 1968; whereas he was appointed initially with effect from March 10, 1966 and the earlier services of the petitioner in Chhindwara Electric Supply Company with eff...
M.P. Electricity Board Vs. Presiding Officer and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1999
Reported in: [2000(84)FLR410]; (2000)IIILLJ713MP; 1999(2)MPLJ40
ORDERA.K. Gohil, J. 1. By this petition under Article 227 of the Constitution of India, petitioners are seeking direction by issue of appropriate writ for quashing Annexures F and H which are the decisions of the Labour Court, Indore dated February 17, 1990 and the Industrial Court M.P. Indore dated November 23, 1990.2. The brief facts of the case are that the respondent No. 3 was appointed in the petitioner Board as office Assistant Grade III (training) on probation. At the time of entering into the service, the respondent No. 3 had entered into an agreement with the petitioner Board.3. In compliance of the appointment order, the respondent No. 3 joined his duties on December 22, 1984. After completion of 6 months probationary period, the Board had taken an appraisal test. The respondent No. 3 could not qualify in the aforesaid test and his probationary period was extended for a further period of 6 months. Again an appraisal test was organised by the Board and in the subsequent test t...
Bapu and ors. Vs. Karansingh and anr.
Court: Madhya Pradesh
Decided on: Aug-27-1999
Reported in: 2001ACJ511; 1999(2)MPLJ699
Shambhoo Singh, J.1. This judgment shall govern the disposal of M.A. No. 358/97, Bapu and Ors. v. Karansingh and Anr. and M.A. No. 357/97, Ramnarayan and Ors. v. Karansingh and Anr. as they arise out of the same accident.2. The facts of the case, in brief, are that on 16-5-1994 tractor-trolley No. M.P. 11/3164 and M.P. 11/4769 owned and driven by respondent/non- applicant No. 1 Karansingh and insured with respondent/non-applicant No. 2 Insurance Co. and tractor No. M.P. 11/7220 driven by Radheshyam were carrying 'Barat' party. The deceased Daryao, son of appellant-claimants Nos. 1 and 2 and father of appellants Nos. 3 to 5, and Sangita, daughter of appellant-claimant Ramnarayan, were travelling in tractor No. M.P. 11/7220. Near Talen valley, Daryao and Sangita alighted from the tractor of Radheshyam for urination. Radhyeshyam proceeded with his tractor asking them to come in the tractor of Karansingh which was coming behind. After sometime Karansingh came there, driving his tractor in ...
State of M.P. Vs. Kishanlal and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1999
Reported in: 2000(1)MPHT60
R.P. Gupta, J. 1. The State has felt aggrieved from judgment dated 21-8-86 of Addl. Sessions Judge, Murwara in S.T. No. 101/83. The respondents were acquitted of the charges of dacoity and murder committed by them in the night between 27 and 28 September, 1982 at mid night in the house of PW 3 Ramkishore. They were armed with ilathies, Kodas and fire arms, broke-in to the house by breaking the doors of the house and attacked Ramkishore and his wife Sushila causing injuries to them. Sushila died as a result of those injuries on 6-10-82. The dacoits looted silver and gold ornaments, cash and other articles from the house. They fired shots by fire arms to cow-down the inmates of the house and neighbours and used blunt weapons to cause injuries to them. Respondents 8, 10 and 11 were charged with receiving and keeping stolen property knowing it to have been stolen. Other respondents were charged for offences punishable under Sections 395, 396, 397 I.P.C.. Out of these 11 respondents, respon...
Prime Solvent Extraction Ltd. and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-25-1999
Reported in: [2006]143STC170(MP)
S.P. Khare, J. 1. This is a petition under Article 226 of the Constitution of India for a direction to the respondents Nos. 1 and 2 to issue the 'eligibility certificate' forthwith.2. The petitioner is a public limited company. It has established a solvent extraction plant in village Partala, Tehsil and District Chhindwara. The petitioner-company has been granted the certificate of having the status of 'pioneer industry' by the Commissioner of Industries as per order dated October 22, 1997 (annexure P-1-A). In the meeting held on January 11, 1998 (112th meeting) of the respondent No. 2, State Level Committee it has been decided to grant eligibility certificate to the petitioner-company for a period of nine years from December 1, 1990 to November 30, 1999, as per notification dated October 23, 1981 (annexure P-1) issued under Section 12 of the Madhya Pradesh General Sales Tax Act, 1958 under which the State Government had power to grant exemption from payment of sales tax. As per item 3...
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