Madhya Pradesh Court January 2000 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Tilak Singh Vs. Hardas Chamar
Court: Madhya Pradesh
Decided on: Jan-06-2000
Reported in: 2001ACJ2118; [2000(86)FLR310]; (2001)IIILLJ718MP
U.K. Agrawal, J.1. This miscellaneous appeal is preferred under Section 30 of the Workmen's Compensation Act, 1923, against the order, dated February 26, 1998, by the Commissioner of Workmen's Compensation (Labour Court) Sagar, in Case of No. 3 of 1992 WCF, whereby an amount of Rs. 54,331 has been awarded in favour of the respondent/claimant - the father of deceased Motilal.2. The respondent/claimant filed a petition before the Commissioner for Workmen's Compensation (Labour Court) Sagar, alleging that his son Motilal aged about 18 years was employed by the appellant in his mine as a labourer. He died on account of accident by falling into the stone mine. Deceased Motilal was earning Rs. 600 per month, Compensation of Rs. 54,331 was accordingly claimed.3. The above application was resisted by the present appellant. It was denied that deceased Motilal was employed as a labourer/by him or died in the course of his employment. It was also denied that he was earning monthly wages of Rs. 60...
Ku. Nandini Bamania Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-06-2000
Reported in: 2000(1)MPHT687
ORDERC.K. Prasad, J.1. By this writ petition filed under Articles 226 & 227 of the Constitution of India, petitioner prays for quashing of the order dated 24-12-1997 (Annexure P-15) whereby the State Government in exercise of its appellate power under Rule 32-A of the M.P. Minor Mineral Rules, 1961 has set aside the order of the Commissioner dated 01-10-1994 granting quarry lease to the petitioner for removal of sand.2. Shorn of unnecessary details, facts giving rise to the present writ petition are that the petitioner applied for grant of quarry lease for removal of sand from Khasra No. 126 of Village Raipur in the District of Hoshangabad, having an area of 12 hectares. In the application, petitioner claimed herself to be an educated unemployed. Application of the petitioner for grant of quarry lease was processed by the Collector and by Communication dated 27-07-1994 (Annexure P-2), it recommended for grant of quarry lease to the petitioner; stating therein that the same shall be in ...
Dilip Deshlehra Vs. Varsha Gyanwani and ors.
Court: Madhya Pradesh
Decided on: Jan-06-2000
Reported in: 2002ACJ473
D.P.S. Chauhan, Actg. C.J.1. This appeal is directed against the award dated 27.8.1998 passed by the Additional Motor Accidents Claims Tribunal, Bemetara, District Durg, in Claim Case No. 4 of 1997 whereby the Tribunal awarded a total sum of Rs. 1,84,000 towards compensation jointly and severally against the present appellant who was the owner of the dumper bearing registration No. MP 24-C 0004 by which the accident in question took place and the driver of the said dumper.2. Heard Mr. P.S. Das, learned Counsel for the appellant.Learned counsel for the appellant submitted that though the insurance company is made party in the case but the appellant has not been able to establish insurance of the vehicle; therefore he finds it very difficult to get any claim against the insurance company. His submission was that the Tribunal has erred in granting compensation of Rs. 1,84,000. The grievance is that the Tribunal found that the deceased was earning Rs. 40 per day as a labourer and the month...
Mohanlal Dubey Vs. Madhav Prasad Rawat and ors.
Court: Madhya Pradesh
Decided on: Jan-06-2000
Reported in: 2002ACJ633
D.P.S. Chauhan, Actg. C.J.1. This appeal is directed against the award dated 19.2.1998 passed by the Motor Accidents Claims Tribunal, Hoshangabad in Claim Case No. 35 of 1994, whereby the Tribunal recorded finding that the claimant could have been entitled for the compensation for a sum of Rs. 1,15,000 in total, out of which he was entitled for Rs. 50,000 for mental agony, Rs. 25,000 for permanent disability and for being deprived of enjoyment of his life, Rs. 20,000 for continuous treatment throughout his life, Rs. 18,000 was determined as the amount spent on treatment and Rs. 2,000 as miscellaneous expenditure which he might have spent during the duration of his treatment on his diet.2. The claim case was rejected on the ground that the claimant was a pillion rider and does not fall in the category of third party and also a finding was recorded that at the time of the accident scooter was not being driven rashly and negligently.3. Heard learned Counsel for appellant-claimant, Mr. Kam...
Sangeeta and ors. Vs. Sanjay Kumar and ors.
Court: Madhya Pradesh
Decided on: Jan-06-2000
Reported in: 2002ACJ773
D.P.S. Chauhan, Actg. C.J.1. This appeal is directed against the award dated 12.12.1997 passed by the Additional Motor Accidents Claims Tribunal, Chhindwara in Claim Case No. 57 of 1995 for enhancement of the amount of compensation.2. An accident took place on 13.6.1995 with the truck, bearing No. MBJ 8633 wherein Mahendra Kumar Sahu, aged 32 years, died. The deceased was driving his Hero Honda motor cycle No. MOJ 9102 and was going from Chhindwara to Pach-marhi. The appellant No. 1 Sangeeta is the widow of deceased, appellant No. 2 Aman Kumar is the son of the deceased and the appellant No. 3 Nekwati is the mother of the deceased. The appellants filed a claim petition before the Tribunal claiming a sum of Rs. 10,00,000 as compensation.3. Deceased Mahendra Kumar Sahu was a retail foodgrain dealer with small capital and was maintaining the appellants-claimants. No evidence was produced by the appellants regarding the income of the deceased and the Tribunal acted on a guesswork assessing...
Pataka Biri Manufacturing Co. Ltd. and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-05-2000
Reported in: [2002]128STC71(MP)
ORDERS.K. Kulshrestha, J.1. Both these petitions raise a common question as to whether the sale of tendu leaves within the State of Madhya Pradesh under the provisions of the 'M.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964' and the rules of 1966 framed thereunder constitutes inter-State sale or intra-State sale for the purposes of charging sales tax. The case of the petitioners is that they are registered as manufacturers of bidi under the provisions of Section 11 of the M.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 (hereinafter referred to as the 'Tendu Patta Adhiniyam') read with Rule 8 of the 'M.P. Tendu Patta (Vyapar Viniyaman) Niyamavali, 1966' ('Tendu Patta Rules') and purchase tendu patta in the State of Madhya Pradesh for the purpose of manufacture of bidis in their industries located outside the territories of Madhya Pradesh in West Bengal. In W.P. No. 599 of 1998, order of the Managing Director, M.P. State Minor Forest Produce (respondent No. 3) dated May 23, 1994,...
Girdharilal Kesharwani Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: AIR2000MP317; 2000(3)MPLJ307
ORDERC.K. Prasad, J. 1. By this writ petition, filed under Articles 226 and 227 of the Constitution of India, prayer of the petitioner is to quash the revenue recovery certificate (Annexure B) whereby the petitioner was askedto deposit a sum of Rs. 34,221/- failing which, he was threatened that the aforesaid amount shall be recovered as arrears of land revenue. 2. Shorn of unnecessary details, facts giving rise to the present writ petition are that a notice inviting tender for disposal of tendu leaves for the year 1979 was published on 27-12-1978 in the M.P. Gazette (Extra-Ordinary). Petitioner submitted his offer. It is the stand of the petitioner that although the tenders were opened on 20th January, 1979, but he was not communicated about its acceptance. Accordingly, the stand of the petitioner is that in the absence of any material to prove that the offer of the petitioner was accepted, he cannot be asked to make payment of the loss which the respondents suffered on account of subs...
New India Assurance Co. Ltd. Vs. Dalibai
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: II(2000)ACC154; 2001ACJ2028; [2000(85)FLR464]; (2000)ILLJ1386MP
Shambhoo Singh J.1. This is an appeal filed under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') by the Insurance Company against the order dated November 13, 1998 passed by Workmen's Compensation Commissioner, Indore, in fatal case No. 71/99.2. The facts to this appeal, in short, are that Rajaram the husband of respondent-applicant was employed as driver by respondent/non-applicant Chironjilal on his truck No M.P.F. 6548 which was insured with the appellant. On June 22, 1991 Rajaram alongwith labourers and cleaner, had taken this truck to Pitipura for bringing woods. But it was raining, therefore, the deceased returned from the Jungle and came to Bhoti-Bawadi and parked the truck there. There one Veersingh was hurling abuses. The deceased Rajaram asked him not to utter abuses, on this Veersingh gave him fatal blow, as a result of which he sustained injuries and died. The L.Rs. of the deceased his widow and sons filed application under Section 10 of the Act fo...
Kantabai and ors. Vs. Satyagopal and anr.
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: I(2000)ACC625; [2000(84)FLR785]; (2000)ILLJ1463MP; 2000(1)MPHT641
B.A. Khan and Shambhoo Singh, JJ.1. This appeal is directed by the L.Rs. of the deceased under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated March 8, 1996 passed by Commissioner of Workmen's Compensation Indore in case No, 14/83.2. The facts leading to this appeal, in short are that the deceased Nathu Singh was employed as driver by respondent No. 1 on his tanker No. C.P. F. 8306 insured with respondent No. 2. His monthly salary was Rs. 1000/- with allowance of Rs. 300/- per month. On March 5, 1981 the deceased was going to Baroda driving this tanker. In the way near Sultanpur, it turned turtle and the deceased died due to the injuries sustained by him in the accident. The L.Rs. of the deceased, his, widow and sons, filed claim application on September 4, 1981 before the Commissioner, Workmen's Compensation, Indore, for award of compensation of Rs. 2,22,000/-. The respondent No. 2 resisted the claim and inter alia pleaded that the dece...
Panama Chemical Works and anr. Vs. Commissioner, Sales Tax
Court: Madhya Pradesh
Decided on: Jan-04-2000
Reported in: [2000]120STC64(MP)
ORDERDeepak Verma, J.1. This order shall also govern disposal of M.P. No. 1539 of 1991 (Richardson Hindustan Limited v. Assistant Sales Tax Commissioner), as common questions of law and facts are involved in these petitions. Both the petitions were, accordingly, heard together and are being disposed of by this common order.2. However, for the sake of convenience, the facts as appearing in the said petition, are being taken into consideration.3. Petitioner No. 1 is a manufacturer of an ayurvedic product, called 'Swad' tablets, which, according to it, are being used for therapeutic prophylactic purposes. These tablets are being manufactured in accordance with ingredients mentioned in the authoritative text books of ayurved. According to the petitioners, it contains ayurvedic substances together with glucose liquid and sugar. The said product 'Swad' is being prepared under a licence issued by the Drug Licensing Authority appointed under the Drugs and Cosmetics Act, 1940. Petitioner No. 1 ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- Next ›
- Last »