Madhya Pradesh Court December 2002 Judgments
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Leelabai and ors. Vs. Jumma Khan and ors.
Court: Madhya Pradesh
Decided on: Dec-05-2002
Reported in: III(2003)ACC76; 2004ACJ1825
Bhawani Singh, C.J. 1. This appeal is directed against the award dated 31.1.2000 passed by the Claims Tribunal, in Claim Case No. 17 of 1999.2. Briefly stated, the accident took place on 27.12.1998 at 11 p.m., when one Gopal Koli (35) fell down from the window of truck No. MP-17-8948 and died leaving behind Leelabai (wife), Raju (son) and Anita (daughter). The truck was owned by Jumma Khan (respondent No. 1), driven by Jai Singh (respondent No. 2) and insured with National Insurance Co. Ltd., Indore. The allegation is that the accident took place due to rash and negligent driving of the vehicle, otherwise it would not have taken place. At the time of accident, the deceased was earning Rs. 1,200 per month, apart from Rs. 30 daily allowance. Compensation of Rs. 22,15,000 is claimed.3. The owner and driver (respondent Nos. 1 and 2) have admitted that the deceased was a cleaner in the truck and he died while he was getting into the truck from the rear side. The insurance company (responden...
Uma Sharan Vs. Kashi Nath and ors.
Court: Madhya Pradesh
Decided on: Dec-05-2002
Reported in: 2004ACJ1778
Bhawani Singh, C.J. 1. Through this appeal, award of Motor Accidents Claims Tribunal, Indore in Claim Case No. 295 of 1999 dated 17.12.99 has been challenged.2. Uma Sharan was travelling along with her family in Matador No. MP 09-S 0339 from Shirdi to Indore on 15.10.1996 at 8 p.m. Matador was being driven by its driver on the proper side of the road but the truck No. MH 16-B 4322 driven by its driver rashly and negligently hit Matador, The allegation is that the accident took place because of negligence of the vehicles involved in the accident. The claimant suffered fractures on various parts of the body in the accident. She was treated by Dr. Rajat Verma, Union Hospital, Dhar Road, Indore and Dr. Gyani, Shirdi Hospital. Apart from stay in Shirdi Hospital for one day, she remained in Union Hospital from 17.10.1996 to 7.11.1996 thereafter from 25.11.1996 to 27.11.1996 and spent Rs. 40,000 on treatment. However, there is permanent disability in right hand and right foot. Compensation of...
Jeevanbala Vs. Rajkumar
Court: Madhya Pradesh
Decided on: Dec-05-2002
Reported in: I(2003)DMC694
A.K. Gohil, J.1. This appeal is directed, Under Section 28 of the Hindu Marriage Act, 1955 (for short 'the Act'), against the judgment and decree dated 25.6.1992 delivered by Second Additional Judge to the Court of District Judge, Mandsaur in Hindu Marriage Case No. 6/1984, whereby granted a decree of divorce in favour of the respondent/husband.2. The brief facts of the case are that admittedly the marriage between the parties took place as per Hindu rites and customs on 14.5.1981 at Thandla, District Jhabua. The appellant/wife was resident of Jhabua and the respondent/husband was resident of Mandsaur. After the marriage in the year 1981, on 16.1.1984 the respondent/husband filed a petition Under Section 13 of the Act alleging therein that after the marriage they both lived together; marriage was consummated by the respondent/husband and the appellant/wife was residing with the respondent/husband at Mandsaur. It was further alleged that on 15.8.1981 on the Rakhi festival the appellant/...
Ashok Jayant Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-04-2002
Reported in: 2003(2)MPHT153; 2003(2)MPLJ146
ORDER1. By this petition, petitioner has called in question the order (Annexure P-1), dated 14-9-2000 passed by the State Government by which the claim of respondent No. 4 for reconsideration of the orders of punishment issued against him and the consequential orders rejecting his appeal have been reviewed by the State Government and the respondent No. 4 has been taken back in service.2. The petitioner claiming himself to be a Member of the District Level Vigilance and Monitoring Committee, Gwalior has filed the present petition challenging the aforesaid order inter alia on the ground that the respondent No. 4 while seeking appointment in the service of the State had produced fake and false certificate dated 19-12-1991 by which it was indicated that he is a person belonging to the reserved community and because of the atrocity suffered by him, he is entitled to be granted benefit of appointment in Government service. It is the case of the petitioner that on compassionate grounds appoin...
Prabhudayal Ahirwar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-04-2002
Reported in: 2003(1)MPHT512
ORDERNarain Singh 'Azad', J.1. The petitioner seeks his discharge in S.T. No. 281/2001, pending in the Court of Second A.S.J., Tikamgarh, wherein a charge for offence punishable under Section 306/34, IPC is framed against him.2. As per prosecution, on 29-4-1998, at about 1.00 A.M., Maniram Ahirwar and his wife Renka Ahirwar, quarrelled with deceased Munnalal Sahu. In quarrel, Renka gave him beating with Chappal, on his asking to pay price of ice. Thereafter, Maniram, Chhuttu alias Chotelal, went to the shop of Munnalal Sahu under the state of intoxication at about 8-9 P.M. and hurled abuses on Munnalal, on account of which, he committed suicide, in night by throwing himself on railway track.3. Before recording opinion on the facts of present case, it is useful to quote following para's of Sanju @ Sanjay Singh Sengar v. State of M.P,, reported in 2002 Cr.LJ page 3796 :--9. In Swamy Prahaladdas v. State of M.P. and Anr., 1995 Supp (3) SCC 438, the appellant was -charged for an offence un...
Raj Homes Pvt. Limited Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Dec-04-2002
Reported in: (2003)IIILLJ626MP
ORDERArun Mishra, J.1. Petitioner in this writ petition assails the validity of the order P/6 passed on July 1, 2002 by the Assistant Labour Commissioner, Bhopal District, Bhopal under the Child Labour (Prohibition and Regulation) Act, 1986, by which the petitioner has been directed to make payment of Rs. 20,000/- per labour and release the child labour and in case the petitioner does not deposit the amount, same shall be considered to be disobedience of the order passed by the Apex Court and the matter shall be referred for appropriate action to Hon'ble the Supreme Court. In case the amount is not deposited the same shall be recovered as an arrear of land revenue.2. A show-cause notice P/1 was issued to the petitioner on August 23, 2002. On the basis of inspection report, petitioner was required why not legal action be not initiated against the petitioner for violation of Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986. Petitioner submitted a reply P/2 to the show...
Kailashchandra JaIn Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-04-2002
Reported in: 2002(5)MPHT524; 2003(3)MPLJ260
ORDERArun Mishra, J.1. Petitioner who is Sarpanch of Gram Panchayat, Kachargaon (Bada), Tehsil Dheemerkheda, District Katni, assails the order of his removal under Section 40 passed by the SDO on the ground that no enquiry in the eye of law was conducted by the SDO and the order of removal has been passed on 25-5-2002, the date which was the national holiday owing to MILAD-UN-NABI.2. Petitioner was directly elected by the voters as Sarpanch of Gram Panchayat, Kachargaon (Bada), Tehsil Dheemerkheda, District Katni. Proceedings under Section 40 of the M.P. Panchayat and Gram Swaraj Adhiniyam, 1993 were initiated. Show-cause notice was issued. Reply was submitted by the petitioner to imputation of charges. Several charges were levelled. Earlier, preliminary enquiry was directed by the Collector to be conducted by Shri B.P. Sahu, Deputy Auditor and the Enquiry Officer, who submitted the report that the petitioner and Ex-Sarpanch of the Kachargaon Gram Panchayat are guilty of charges. Based...
Arun Vs. Balvinder Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-04-2002
Reported in: I(2004)ACC474
Bhawani Singh, C.J.1. Both these Misc. Appeals are proposed to be decided by common judgment as they arise out of the same accident in separate Award dated 5.11.1999 in Claim Case Nos. 1/1997 and 2/1997 passed by Motor Accident Claims Tribunal, Khachrod (Ujjain).2. Accident took place on 2nd July, 1996 at 3.00 p.m. on Padlyakala Nagda Mahidpur road near Mahidpur barriers, Police Station Nagda (Ujjain) when matador bearing registration No. MP 13-E/0484, collided with scooter owned by respondent No. 4 Rajendra Kumar Sharma insured with respondent No. 5 United India Insurance Company Ltd. The Matador was insured with respondent No. 3 National Insurance Company Ltd. In this accident, Bhawani Singh (20) died while Arun s/o Mahavir Prasad Sharma, suffered injuries. The allegation is that the accident took place due to rash and negligent driving of the Matador, otherwise it would not have happened.3. Consequently, Arun Sharma has claimed compensation of Rs. 4,30,000/-while claimants (father a...
Priyanka Metals Pvt. Ltd. Vs. Asstt. Commissioner of Income Tax and or ...
Court: Madhya Pradesh
Decided on: Dec-03-2002
Reported in: (2003)183CTR(MP)102; [2004]270ITR586(MP); 2003(1)MPHT548
ORDERArun Mishra, J.1. The sole question for consideration is the date of starting of limitation for filing revision under Sub-section (3) of Section 264 of the Income Tax Act (for short 'the Act'). 2. The fact is not in dispute that notices (R-1), (R-2) and (R-3) for depositing amount pursuant to assessment were served on the petitioner on 30th January, 1992. However, the assessment orders were not sent along with the notices. Assessment orders were passed on 13-1-1992. 3. The petitioner applied for obtaining certified copies of the assessment orders on 8-12-1993 as per application (P-4). The certified copies were supplied to the petitioner on 6-1-1997; revision was preferred before the Commissioner of Income Tax, Bhopal on 24-11-97. The revision has been dismissed as barred by limitation by the Commissioner of Income Tax, Bhopal as per order (P-7), dated 23-2-1998. 4. Learned Counsel for petitioner submits that order impugned is bad in law; he places reliance on a circular issued by ...
Ram Kunwar and ors. Vs. Sampatrao and ors.
Court: Madhya Pradesh
Decided on: Dec-03-2002
Reported in: 2004ACJ1360
Bhawani Singh, C.J.1. This appeal is directed against the award dated 30.11.99, passed by the Claims Tribunal, in Claim Case No. 178 of 1998.2. Shortly stated, the accident took place on 17.3.1998 at 9 p.m. on Mahesh-war Road when tractor No. MP-10 9973 attached with a trolley No. MP-12 1526 owned by Sampatrao, driven by Nayan Singh and insured with Oriental Insurance Co. Ltd. hit the deceased, who was coming from opposite direction on motor cycle No. MP-10 6400. Shyamrao (deceased) died in this accident.3. Allegation is that the accident took place due to rash and negligent driving of the tractor. The deceased was a teacher drawing Rs. 9,451 per month. He was 47 years old at the time of accident. Claimants are his wife and children. They submitted that they were dependent on the deceased and on account of his death, they have been deprived of financial benefits, which were available to them. Compensation of Rs. 25,95,000 is claimed.4. Owner and driver remained absent, therefore, proce...
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