Madhya Pradesh Court April 2002 Judgments
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Adivasi Khanij Avaam Vanupaj Udyog Sahakari Samiti Vs. State of M.P. a ...
Court: Madhya Pradesh
Decided on: Apr-03-2002
Reported in: 2002(5)MPHT420
ORDERArun Mishra, J.1. This is the third round of the writ petition before this Court. The petitioner was granted quarry lease Annexure P-3 of flage stone on 17-11-1997 for a period of 10 years. Lease was cancelled on an objection being raised by forest department on March, 31st 2000 as per the order (Annexure P-7), which was challenged by filing a writ petition before this Court-- W.P. No. 3840/2000, decided on October 3rd, 2000, as per order Annexure P-8. This Court directed that opportunity of hearing should be afforded to the petitioner. However, the petitioner was not allowed to operate the quarry in question. Within 8 weeks, no order was passed, hence, another writ petition -- W.P. No. 549/2001 was preferred which came to be decided on February 6th, 2001. This Court directed the competent authority to finalize the matter by the end of February, 2001. Impugned order has been passed pursuant to the direction issued in the writ petition, May 28th, 2001. It has been held that the not...
Suryamukhi Devi Vs. Shiv Prasad and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2002
Reported in: 2003ACJ1846
Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Sidhi, dated 20.4.2000, in M.C.C. No. 78 of 1996.2. Suryamukhi Devi (47) is mother of deceased Rajesh Das (19). Deceased had gone from Amlori Colony to Nava Nagar, Waidhan, on motor cycle for boarding bus. At Nava Nagar crossing, Manoj Kumar, who was driving the motor cycle, stopped it on the left side of the road. While three occupants of the motor cycle were getting down, truck No. MVA 4077 driven at a high speed rashly and negligently, dashed against the deceased and other two occupants, who also sustained injuries.3. Crime No. 11 of 1996 for offence under Sections 279, 337 and 304A of the Indian Penal Code was registered against the respondent No. 1 (driver of the truck), which gave rise to Criminal Case No. 181 of 1996 before the Judicial Magistrate, 1st Class, Waidhan.4. The appellant-claimant had claimed compensation for death of her son Rajesh Das to the extent of Rs. 5,61,52...
New India Assurance Co. Ltd. Vs. Smt. Guddi and ors.
Court: Madhya Pradesh
Decided on: Apr-02-2002
Reported in: 2003ACJ1526; 2002(2)MPHT308
S.S. Jha, J. 1. These appeals are filed by the Insurance Company against the common order passed by the learned Single Judge in Misc. Appeal No. 138/19% and Misc. Appeal No. 139/1996. 2. Appellant/Insurance Company has filed appeals against the Award passed by II Additional Motor Accident Claims Tribunal, Gwalior, challenging therein that the Insurance company is not liable to pay compensation as the driver of the vehicle did not possess driving licence. Cross-objection under Order XLI Rule 22 Code of Civil Procedure was filed by the claimants. Learned Single Judge dismissed the appeal, but allowed the cross-objection and enhanced the quantum of compensation. Yearly income of the deceased was assessed at Rs. 6,000/- and after deducting 1/3rd amount, dependency was assessed at Rs. 4,000/- per year and applying the multiplier of 16 compensation was enhanced to Rs. 64,000/- with interest at the rate of 12% per annum. 3. Only contention raised by the counsel for the appellant that in an ap...
Smt. Rukmani Bai and anr. Vs. Kanchhedi Lal and ors.
Court: Madhya Pradesh
Decided on: Apr-02-2002
Reported in: 2002(2)MPHT464
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award dated February 18, 1998 of Motor Accident Claims Tribunal in MACT Case No. 62 of 1996.2. Accident took place on 10-12-1995 at 7.30 p.m. when Truck No. CPQ 6655 driven rashly and negligently hit the deceased at Bhagwanganj (Sagar) resulting in his death. It is stated that deceased Narendra Kumar Bhadoriya was Mistri earning Rs. 1,800 per month. Due to the death, the family has been left without any source of income since it was dependent on the deceased. The vehicle was ensured with the New India Assurance Company Limited, Branch Sagar. It was owned by Kanchhedilal Kori and driven by Munna Lal Patel.3. Owner and driver have been proceeded exparte in absence of their written statement or counter-claim. The defence of Insurance Company (respondent No. 3) is that driver did not possess valid driving licence, therefore, it was not liable to pay the compensation. Claims Tribunal has come to the conclusion that the deceased...
Smt. Nanbai and ors. Vs. Vijay Kumar Awasthi and ors.
Court: Madhya Pradesh
Decided on: Apr-02-2002
Reported in: 2003ACJ1990; 2002(3)MPHT279; 2002(3)MPLJ240
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Shahdol, in Claim Case No. 4 of 1991, dated March 3, 1992.2. Accident look place on 8-11-90 when deceased Kushal Singh pillion rider of scooter No. UPG-9223 met with accident with dumper No. MPA 7669 driven by Vijay Kumar rashly and negligently. In this accident, the deceased left behind wife Nanbai (22) and minor children of 7, 5, 3 1/2 age. It is submittedthat the deceased was working in Super Chips Industries as Supervisor earning Rs. 1,500/- per month. Out of the same, he was spending Rs. 200/- on himself leaving Rs. 1300/- to the family. Compensation of Rs. 5,82,200/- is claimed. Owner and driver of dumper have opposed this saying that the vehicle was being driven carefully and accident took place due to the negligence of the owner of scooter, they are not responsible for the accident. Though they admit that truck was insured with New India Assurance Company Limited, but it is...
Chimanlal Rawal Vs. Aslam and ors.
Court: Madhya Pradesh
Decided on: Apr-02-2002
Reported in: 2003ACJ2024; 2002(3)MPHT488; 2002(4)MPLJ132
ORDER1. This appeal is directed against the award dated 1-3-93 in Claim Case No. 25/90 by Second Addl. Motor Accident Claims Tribunal, Chhindwara, dismissing the claimant/appellant's petition under Section 166 of the Motor Vehicles Act, 1988, (hereinafter called the 'Act' for short). 2. It is now not in dispute that the claimant/appellant met with an accident on 21-9-89 by Jeep No. MP22/0119 at about 10 kms. from Village Chourai, District Chhindwara. Respondent No. 1 is the owner, respondent No. 2 was its driver and respondent No. 3 is the insurer of the of fending vehicle. As a result of the accident the claimant/appellant suffered permanent disability. 3. The claim petition was filed on 22-9-90. The learned Tribunal held that the accident occurred on account of rash and negligent driving of the offending jeep by its driver-respondent No. 2. It was also held that the claimant/appellant has suffered permanent disability and would have been entitled to compensation of Rs. 70,600/- on ac...
Dr. G.K. Kundlani Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-02-2002
Reported in: 2002(5)MPHT148; 2002(4)MPLJ451
ORDERDipak Misra, J.1. Sustainability of the order dated 4-5-1999 passed by the M.P. State Administrative Tribunal, Jabalpur (for short 'the Tribunal') in O.A. No. 1590/98 has been called in question by the petitioner invoking the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India.2. The facts as have been uncurtained are that the petitioner is a State Government employee. He came on transfer to Jabalpur in the month of July, 1993. He was not allotted a Government accommodation and, therefore, he was paid house rent allowance admissible as per rules. The wife of the petitioner is an employee of the Central Government and she is obtaining the house rent allowance admissible as per rules applicable to her. The Principal, Government Ayurved College & Hospital, Jabalpur, the respondent No. 3 herein, by letter dated 27-5-1998 required the petitioner to submit details of his family members which was submitted on 1-7-1998. As the same was not accepted the ...
Om Prakash Pali Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: 2002(2)MPHT335; 2002(2)MPLJ593
ORDERRajendra Menon, J.1. The petitioner, who is working as an Assistant Engineer in the Public Health Engineering Department, Sub-Division, Chicholi, has filed the instant petition impugning the order dated 30-7-2001 (Annexure A-2) passed by respondent 2 transferring him from Sub-Division Chicholi (Betul) to Sub-Division, Deori (Sagar) and the order dated 7-3-2002 passed by the State Administrative Tribunal in O.A, No. 623/2002.2. It is submitted by the petitioner that vide order dated 18-7-2001 (Annexure A-2), the respondent 2 (Executive Engineer) had transferred him from Chicholi to Betul in the same Sub-Division. In compliance of the aforesaid order, the petitioner joined at Betul and started working there. Subsequently, the respondent 2 by the impugned order dated 30-7-2001 (Annexure A-2) has transferred the petitioner along with 37 other persons to Sub-Division, Deori.3. Being aggrieved by the aforesaid order of transfer, the petitioner filed application under Section 19 of the A...
Sunil Kumar and anr. Vs. Smt. Anguri Choudhari and anr.
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: 2002(3)MPHT432; 2002(3)MPLJ371
ORDERDipak Misra, J. 1. Invoking the revisional jurisdiction of this Court under Section 115 of the. Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') the applicants have called in question the sustainability of the order dated 17-3-99 passed by the learned First Additional District Judge, Shahdol in Civil Suit No. 2-A/93. 2. The non-applicant No. 1 as plaintiff initiated a civil action for partition and separate possession of the suit house situate over Khasra No. 1207, Burhar, Tahsil Sohagpur, District Shahdol. The case of the plaintiff in the Court below was that by Hukumnama date 26-8-41 the then Pawaidar, Shri Lal Shiv Pratap Singh, granted the aforesaid Khasra No. 1207 to Kishore Chand who later on built shops and residential accommodation. After the expiry of said Kishorchand on 1-7-72 his widow Kasturibai, the defendant No. 1, and daughter, Anguribai, the plaintiff, inherited the said land with superstructure standing on it under the provisions of Hindu Succ...
Siddhartha Tubes Ltd. Vs. Cegat
Court: Madhya Pradesh
Decided on: Apr-01-2002
Reported in: 2002(82)ECC44; 2002(144)ELT540(MP)
ORDERA.M. Sapre, J.1. This writ is under Article 227 of Constitution of India. In this writ challenge is to an order dated 7-9-2002 (sic) (Annexure P/1) passed by Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (for short CEGAT) whereby the Petitioner's second appeal arising out of order dated 30-11-2000 passed by Commissioner (Appeals) which again arise out of an order dated 30-9-1998 passed by Assistant Commissioner (Adjudicating Authority) has been dismissed.2. In substance the dispute before the Adjudicating Authority was in relation to claiming of Modvat credit by the petitioner on certain items amounting to Rs. 12,64,912/- and on Rs. 4,88,636/- the contention of petitioner was that they have rightly claimed Modvat credit on the items (inputs) whereas the contention of the department was to the contrary. According to Departmental Authorities, the petitioner was not entitled to avail of the benefit of Modvat credit and hence they, having claimed wrongly, are entitl...
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