Madhya Pradesh Court September 2001 Judgments
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Laxminarayan Vs. Hari Singh
Court: Madhya Pradesh
Decided on: Sep-13-2001
Reported in: II(2002)ACC44
ORDERS.B. Sakrikar, J.1. This order shall also govern the disposal of Misc. Appeal No. 344/2001, filed on behalf of respondent No. 2, owner of the offending vehicle against the award of Tribunal dated 23.11.2000 passed by MACT, Rajgarh in Claim Case No. 44/1998, whereby the learned Tribunal allowed the application filed on behalf of the appellant-claimant for award of compensation under Motor Vehicles Act, and passed an award of Rs. 15,000/- in favour of the appellant-claimant exonerating respondent No. 3 Insurance Company from liability of payment of compensation.2. The undisputed facts of the case are that, on the date of accident due to negligent driving of passenger bus bearing registration No M.P. 04-H-7089, the appellant-claimant Lakshminarayan sustained injuries. The vehicle at the time of accident was driven by respondent No. 1 and respondent No. 2 was the registered owner of the said vehicle and it was insured with respondent No. 3 Insurance Company. Before the Tribunal, respo...
Priya Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-11-2001
Reported in: 2001(4)MPHT223; 2001(3)MPLJ509
R.B. Dixit, J. 1. The aboriginal tribes in the real sense are the children of the mother nature. They are marked with the influence of warmth and cold, sunshine and rain wind and storm upon their own personal comfort. For ages, they continued to pray and worship the fire and the forest, the sun and the cloud, but now it seems that their dreams are being invaded from the flickering light of the modern world.2. The present is an unfortunate story of plight of an unfortunate girl belonging to Mobia community of an area inhabited by aboriginal tribes of Chhattisgarh. Petitioner Priya (whose real name is Vaishakhi alias Pushpa), who had changed her name as Priya to escape herself from ignominy after her sexual exploitation in dacoity infested area of Bhind. Out of three, she is the eldest daughter in the family and had dropped out of the Govt. Middle School, Mirgaon after she failed in Class VIIth in the year 1998. As per school records, her date of birth is 30-6-1982. In the year 1999, she...
Rasiklal Vs. Cit
Court: Madhya Pradesh
Decided on: Sep-11-2001
Reported in: (2002)172CTR(MP)29
By the CourtHeard Shri P.M. Chowdhary, learned counsel for appellant, on the question of admission.2. This appeal at the instance of assessee has been preferred under section 260A of the Income Tax Act against the order of Tribunal, dated 1-5-2001, whereby, the agricultural income assessed by assessee at Rs. 2,47,754, for the assessment year 1992-93, has been reduced to Rs. 1 lakh and Rs. 1,47,754 has been confirmed, as addition of the income of the assessee from other sources.Appeal before the Tribunal was preferred at the instance of revenue against the order, passed by Commissioner (Appeals). The ground, on which the said order was assailed is, reproduced hereinbelow :'On the facts and in the circumstances of the case, the learned Commissioner (Appeals) erred in holding, that the amount of agricultural income shown at Rs. 2,47,754 was reasonable and erred in reducing the addition of Rs. 1,97,754 to Rs. 33,754, made under the head from other sources.It is, therefore, prayed that the ...
Cit Vs. Chandra Associates
Court: Madhya Pradesh
Decided on: Sep-11-2001
Reported in: (2002)172CTR(MP)31
By the CourtHeard Shri R.L. Jain, learned counsel for the appellant, on the question of admission.2. This appeal at the instance of the revenue has been preferred under section 260A of the Income Tax Act (hereinafter referred to as the Act) against the order dated 17-4-2001, passed by the Tribunal, whereby the order passed by the Commissioner, Bhopal, under section 263 of the Act has been set aside.3. The assessment in this case was made by the Income Tax Officer Ward-II(1), Indore, vide order dated 19-12-1994, under section 143(3) of the Act of the firm known as M/s Chandra Associates, Dewas. After going through the assessment record, the Commissioner was of the opinion that the assessment was erroneous and prejudicial to the interest of the revenue. Thus, proceedings under section 263 of the Act were initiated against the assessee. It is said that the notice was served on the assessee. Thereafter, an ex parte order by the Commissioner Bhopal, was passed on 29-11-1996. In this order o...
Union of India (Uoi) Vs. Klockner Supreme Pentaplast Ltd.
Court: Madhya Pradesh
Decided on: Sep-10-2001
Reported in: 2002(79)ECC437; 2002(140)ELT370(MP)
1. Shri B.C. Neema, learned Standing Counsel for the Union of India-appellant and Shri M.H. Patil along with Shri Arun Mehata and Shri Sunil Jain, learned Counsel for the respondents.2. With consent arguments were heard on merits.3. This is an application moved by the Union of India under Section 35G(3) of the Central Excise Act, 1944 (hereinafter referred to as 'the Act' for short), against an order passed by the Central Excise & Gold (Control) Appellate Tribunal (CEGAT) on 23-6-2000, whereby the CEGAT has refused to refer a question to be answered by this Court.4. The facts material for deciding the said application are hereinafter mentioned in short as under:The respondent No. 1 herein had filed an appeal before the CEGAT against disallowance of Modvat credit on the ground that the reconstructed triplicate copy of the Bill of Entry cannot be considered as valid document for availment of the Modvat credit. The CEGAT after considering the matter, recorded a finding the there was no di...
Rukmani Bai and ors. Vs. Prahlad Singh and anr.
Court: Madhya Pradesh
Decided on: Sep-10-2001
Reported in: II(2002)ACC1; 2003ACJ461; 2001(3)MPLJ432
S.P. Srivastava, J.1. In the accident involving the offending motor vehicle, a bus of the Madhya Pradesh State Road Transport Corporation, which took place on 4.1.1994 Amritlal, the only son of the appellant No. 1 Rukmani Bai and the husband of appellant No. 2, Kamlesiya and the younger brother of husband (since deceased) of Kisraniya, appellant No. 3, the mother of appellant Nos. 4 to 8 had died. An application under Section 166 of the Motor Vehicles Act had been filed by the aforesaid appellants claiming them to be dependants of the deceased Amritlal which was disposed of by the Motor Accidents Claims Tribunal vide the impugned award whereunder adjudging a total amount of Rs. 35,000 as the just compensation payable to Rukmani Bai alone, and rejecting the claim of other appellants, they have now come up in appeal seeking redress praying for modification of the impugned award and grant of compensation to the extent of Rs. 4,00,000 along with interest at the rate of 18 per cent per annu...
Motiram and ors. Vs. Pannalal (Dead) Through L.Rs. Chotti Nani and ors ...
Court: Madhya Pradesh
Decided on: Sep-06-2001
Reported in: 2002(2)MPHT516; 2002(1)MPLJ86
A.K. Gohil, J. 1. The appellants/defendants have filed this second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 17-8-95 rendered by XIth Additional Judge to the Court of District Judge, Indore in Civil Regular Appeal No. 18/91 confirming the judgment and decree passed by VIth Civil Judge, Class-II, Indore on 16-7-1991 in C.O.S. No. 195-A/78.2. The brief facts for the purpose of deciding the controversy between the parties in this case are that the respondents/plaintiffs who are legal heirs of one Moolchand filed a suit for declaration and injunction against the appellants/defendants in respect of 3 acres of land out of Survey No. 501 and 1.28 acres out of Survey No. 502 situated at Village Asrawad Khurd, Tehsil and District Indore. Admittedly the aforesaid survey numbers stand in the name of defendants/appellants in the Revenue Records but in Column No. 12 of possession, the names of plaintiffs are mentioned. The plaintiffs case was that...
Thakur Ramsingh (Dead) Through L.R. Pratapsingh and ors. Vs. Narayan a ...
Court: Madhya Pradesh
Decided on: Sep-06-2001
Reported in: 2001(4)MPHT421
A.K. Gohil, J. 1. This second appeal was admitted for final hearing on the following substantial questions of law :-- 'Whether in the facts and circumstances of the case both the Lower Courts on the basis of the pleadings and evidence have correctly decided the case in favour of the plaintiff ?' 2. The brief facts of the case arc that respondents/plaintiffs Narayan s/o Mukundrao and Ramchandra s/o Baldeo both filed a suit against the deceased appellant/defendant Ramsingh seeking declaration that the plaintiffs are the owners of land bearing Survey Nos. 220 and 221 situated at Village Tarana, including the Well and trees thereon and the defendants having no right or interest in the same and defendants be restrained not to interfere in the possession of the plaintiffs. The suit was contested by the appellant/defendant on the ground that the Civil Court has no jurisdiction under Section 190 of the M.P. Land Revenue Code, 1959, only the Revenue Courts are entitledto adjudicate the dispute ...
Deshraj Yadav Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-06-2001
Reported in: 2002CriLJ467; 2001(4)MPHT430; 2002(1)MPLJ520
1. Appellant Deshraj Yadav stands convicted under Section 302, IPC, with sentence of imprisonment for life, vide impugned judgment dated 6-6-89 passed by Sessions Judge, Shahdol in S.T. No. 45/88. 2. The short facts of the case, essential for deciding this appeal, are that on the fateful night of 7-2-88, when Chandrapal (since deceased) and prosecution witnesses Babulal, Sangram, Jagatpal and Vidhya Prasad were playing cards in the compound of Dayal Orient Mail Speed Transport Services, Budhar Road, Shahdol, accused Deshraj Yadav came there and demanded Rs. 5/- from Chandrapal. On his refusal to pay the amount, during the course of altercation between them, accused Deshraj dealt one blow by means of a 'gupti' on the back of Chandrapal. Injured Chandrapal succumbed to his sole injury the same day. Ramchandra, Manager of the above Transport Company, lodged First Information Report at Police Kotwali, Shahdol giving rise to the registration of the case at Crime No. 70/88. After performing ...
Dilip Singh Vs. General Manager, Central Railway and ors.
Court: Madhya Pradesh
Decided on: Sep-06-2001
Reported in: 2003ACJ1257; (2002)IILLJ966MP; 2002(5)MPHT461; 2002(2)MPLJ220
Bhawani Singh, C.J. 1. This appeal is directed against the order of the Commissioner under the Workmen's Compensation Act, 1923 dated June 7, 1999, whereby the claim of the claimants has been dismissed,2. Shortly stated, the facts of the case are that Rewal Singh (deceased) was employed with the respondents as Khalasi/Gangman. He was receiving monthly wages of Rs. 1006/- and was 32 years old when the accident took place on December 31, 1997. Claimants are children of the deceased. They were minors at the time of the accident and their mother left the house after being unable to bear the shock of the death of her husband and her whereabouts arc not known even now. After reaching the age of majority, the claim petition has been filed claiming compensation of Rs. 1,90,497.00 and salary for 13 days.3. Respondents have stated that the deceased was on leave from December 26, 1987 to December 30, 1987. He was to report for duty on December 31, 1987, but during the course of leave, he died. Th...
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