Madhya Pradesh Court July 2001 Judgments
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S.S. Shrivastava Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jul-12-2001
Reported in: 2001(4)MPHT55; 2002(1)MPLJ146
ORDERBhawani Singh, C.J. 1. Through this writ petition, order of State Administrative Tribunal dated 16-5-2001 passed in O.A. No. 678 of 1999 has been challenged.2. The petitioner has been retired compulsorily from the post of Assistant Gr. I by order dated 7-4-1999 by Principal Secretary, Government of M.P. under Fundamental Rule 56 (2) in public interest on the recommendation of the Screening Committee. The petitioner joined service as Lower Division Clerk pursuant to order dated 27-6-1964. He became permanent by order dated 25-10-1994. Vide order dated 17-12-1997, he was awarded punishment of stoppage of one increment without cumulative effect and was also communicated adverse remarks in March, 1997. After his representation dated 5-11-1997, partial amendment was made in the Annual Confidential Report, conveyed by letter dated 5-11-1997.3. The grievance of petitioner is that order of compulsory retirement has been issued by incompetent authority. It has not been in accordance with c...
Arun Kumar Vs. Gurujinder Singh
Court: Madhya Pradesh
Decided on: Jul-12-2001
Reported in: 2001(4)MPHT175
ORDERBhawani Singh, C J. 1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Umaria (Shahdol) dated 21-4-1997 in Claim Case No. 6/87.2. The accident took place on 21-11-1986. Gurujinder Singh (claimant) was going on motorcycle with Akhileshwar Singh (Pillion Rider) on Umaria-Shahpura Road. When he reached 5-6 Kms. ahead Shahpura Jeep No. C.I.K. 6189 owned by Arun Kumar coming from opposite side hit the motorcycle. As a result of this accident, claimant suffered compound fracture of tibia and fibula. On treatment, the claimant spent Rs. 7,07,070/-. Compensation of Rs. 11,07,070/- has been claimed. Appellant denied all the allegations against him. His defence is that he was going along with his friends on the date of accident and found the claimant in injured state on the road side. The claimant was shifted to hospital on his request. Therefore, neither there is proof nor justification to say that the appellant was involved in the accident. However, the Claim...
Govind Vs. State
Court: Madhya Pradesh
Decided on: Jul-12-2001
Reported in: 2001(4)MPHT188
ORDERN.K. Jain, J. 1. 1. The judgment impugned is passed in appeal (Cr. Appeal No. 7/97) by. Addl. Sessions Judge, Narsinghgarh, where by the learned A.S.J. while affirming applicant's conviction under Section 39 of the Indian Electricity Act read with Section 379, IPC, has set aside the sentence of 6 months RI, passed by Judicial Magistrate Second Class, Narsinghgarh in Criminal Case No- 392/99 and instead sentenced the accused-applicant to pay fine Rs. 10,000/- and in default to undergo 4 months SI. 2. Having heard learned counsel for the applicant and the PP for the respondent-State in my judgment, not only the judgment passed by the Appellate Court below, but also the one of the Trial Magistrate should be quashed. 3. The offence under Section 39 of the Indian Electricity Act, 1910 as substituted by the Act No. 31 of 1986 is now punishable with imprisonment for a term which may extend for 3 years or with fine, which shall not be less than Rs. 1,000/- or with both. Earlier to this Am...
Panjwani Packaging Pvt. Ltd. and ors. Vs. Madhya Pradesh Financial Cor ...
Court: Madhya Pradesh
Decided on: Jul-12-2001
Reported in: AIR2002MP91; 2002(5)MPHT220
J.G. Chitre, J. 1. The appellants are hereby putting exception to the judgment and order passed by the learned single Judge in the matter of W.P. 1691 /98. We are deciding this appeal finally at motion hearing stage because there has been a keen contest of the battle of arguments. When this Court was called on to decide the interlocutory application bearing No. M(C) P 1694/2001, by which the appellants prayed for an Interim relief, the arguments were advanced which were going to the root of the matter and touching the core of the controversy. The merit has been totally scanned out and churned out and, therefore, is as good as hearing this appeal finally.2. The appellants are running three units(1) Panjwani Packagings Pvt. Ltd.(2) Panjwani Plastics & Polyesters.(3) Panjwani Polypropylene Ltd. owned by Namdeo s/o Phatandas Panjwani, The appellants obtained a loan from M.P, Financial Corporation (MPFC). They could not repay the said loan according to the scheme of repayment when the loan ...
Gaura Bai and ors. Vs. Dev Nath Makad and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2001
Reported in: 2003ACJ836; 2002(3)MPLJ385
Bhawani Singh, C.J. 1. This appeal by claimants is directed against award dated 9.10.1996 of Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 15 of 1996.2. Ramesh Chandra (30) was an engineer with Shrinath Finance Co. (P) Ltd., Bhopal receiving a salary of Rs. 3,000 per month. He was unmarried and claimants were dependent on him. He was possessing good health at the time of accident which took place on 1.2.1990 at about 12 a.m. He was going on his scooter No. MP 04-A 3642 on the left side of the road towards Bharat Talkies, Hamidia Road, Bhopal. Suddenly truck No. MBC 8097 owned by Radhe Lal and driven by Dev Nath Makad rashly and negligently hit Ramesh Chandra, as a result of impact of accident, his scooter went under the truck and the deceased became unconscious. He died on the way to hospital due to injuries sustained in this accident.3. Matter was reported to Magalwara Police Station. Claim petition was filed for compensation of Rs. 14,65,000. The owner and driver of the t...
Srinath Bullion Refinery Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jul-11-2001
Reported in: [2001]251ITR540(MP)
A.M. Sapre, J.1. Having perused the order of the Income-tax Appellate Tribunal impugned in this appeal filed by the assessee under Section 260A of the Income-tax Act, 1961, we find no question of law much less substantial question of law in the appeal as is required to be made out being the sine qua non for invoking the jurisdiction conferred under Section 260A ibid and hence we have no option but to dismiss the appeal in limine.2. What is involved in this appeal is essentially a question based on facts. The issue was whether deletion of Rs. 1,34,422 made by the Commissioner of Income-tax (Appeals) by relying on Section 40A(3) of the Act is proper or not. It was found by the Tribunal that in this very case, i.e., for the year 1979-80, the matter came up to the Tribunal wherein the Tribunal gave direction to the Assessing Officer to find out and verify the details of the transaction relating to deletion of Rs. 1,34,422 by obtaining confirmatory letters from the person concerned. In othe...
United India Insurance Co. Ltd. Vs. Sangita and ors.
Court: Madhya Pradesh
Decided on: Jul-11-2001
Reported in: III(2002)ACC615
A.M. Sapre, J.1. The appellant-an Insurance Company has filed this appeal against an award dated 5.2.1997 passed by MACT, Dhar in Claim Case No. 19/ 1995. By impugned award, the claim petition filed by the legal representatives of deceased Arjun was partly allowed and a total sum of Rs. 4,51,500/- was awarded.2. Heard Mr. S.S. Swami for the appellant and Mr. Ravi Agrawal for respondent Nos. 1 to 5.3. In a claim petition filed by the respondents claiming compensation for the death of Arjun-husband of respondent No. 1 and son of respondent Nos. 2 and 3, the learned Member of Tribunal as stated supra awarded a total sum of Rs. 4,51,500/-. In the Tribunal both the non-applicants i.e. owner of vehicle as also the appellant (who was N.A. No. 2) remained ex parte. In other words, despite service of the claim petition, none contested the claim nor filed any written statement nor even entered appearance. It is only when they suffered the impugned award, the Insurance Company chose to challenge ...
Srinath Bullion Refinery Vs. Cit
Court: Madhya Pradesh
Decided on: Jul-11-2001
Reported in: [2001]118TAXMAN399(MP)
Sapre, J. Having perused the order of Income Tax Appellate Tribunal impugned in this appeal filed by assessee under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), we find no question of law much less substantial question of law in the appeal as is required to be made out being sine qua non for invoking the jurisdiction conferred under section 260A ibid and, hence, we have no option but to dismiss the appeal in limine.2. What is involved in this appeal is essentially a question based on facts. The issue was whether deletion of Rs. 1,34,422 made by the Commissioner (Appeals) by relying on section 40A(3) of the Act is proper or not. It was found by the Tribunal that in this very case, i.e., for the year 1979-80, the matter came up to the Tribunal wherein the Tribunal gave direction to the assessing officer to find out and verify the details of transaction relating to deletion of Rs. 1,34,422 by obtaining confirmatory letters from the person concerned. In ...
K.C. Nema Vs. Secretary, School Education, Government of M.P., Bhopal ...
Court: Madhya Pradesh
Decided on: Jul-10-2001
Reported in: 2001(4)MPHT173
ORDERBhawani Singh, C.J.1. The petitioner retired from the post of Assistant District Inspector of Schools on reaching age of superannuation. He had applied for leave preparatory to retirement on 3-5-1967 followed by reminder dated 6-11-1967, but the same was not sanctioned, it appears for want of service book. Ultimately, he stood superannuated on 15-12-1967. His case was rejected by the respondents on 22-5-1972. Thereafter, the Joint Director, by letter dated22-12-1997, informed the Commissioner as also the petitioner that payment of encashment of 120 days earned leave cannot be granted by Finance Department Memo dated 16-9-1980, therefore, the respondents rejected the claim of the petitioner.2. The petitioner approached the State Administrative Tribunal by filing Original Application No. 2396/2000, which has been rejected by the Tribunal on 18-8-2000. Through this writ petition, the decision of the Tribunal has been challenged.3. From perusal of the respective pleadings of the parti...
New India Assurance Co. Ltd. Vs. Gulshan and ors.
Court: Madhya Pradesh
Decided on: Jul-10-2001
Reported in: 2003ACJ961
Bhawani singh, C.J.1. This appeal is directed against the award dated 4.11.1996, passed by the Motor Accidents Claims Tribunal, Bhopal, in Claim Case No. 8 of 1994.2. Sheru Khan was driver of truck No. MP 14-0795. This truck was loaded with buffaloes. While this truck was going from Sawankund Manasa to Bilaspur at about 10.30 p.m., another truck No. MP 05-8786 came from opposite direction and dashed against the truck of Sheru Khan. The truck of Sheru Khan turned turtle and Sheru Khan was crushed under the body of the truck and died on the spot. Police registered a criminal case under Sections 279, 337 and 304A of the Indian Penal Code against the driver of the truck No. MP O5-8786. Sheru Khan was earning Rs. 3,000 per month. Claimants are his widow, minor son and widowed mother. They all were dependent on the income of the deceased Sheru Khan. They have claimed total compensation of Rs. 7,00,000 from the respondent Nos. 4 and 5 and the appellant jointly and severally, being owner, driv...
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