Madhya Pradesh Court January 2003 Judgments
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Smt. Laxmi Devi Dwivedi and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2003
Reported in: 2005ACJ106; 2003(1)MPHT544
ORDER1. This appeal is directed against the award passed by Motor Accidents Claims Tribunal, Shahdol, Claim Case No. 30/92, dated 12-12-1997.2. Vinod Kumar- Dwivedi was Sub-Auditor, Panchayat Department, Government of Madhya Pradesh. On 10-1-1991 at about 12.30 P.M. he had gone to Anuppur and Kotma with his colleagues by Jeep No. CPZ 2951. This jeep was of Forest Department driven by Sunderlal and purpose of visit was election duty. When they reached a place between Anuppur and Chachai, it fell into the river. This happened because driver was driving it rashly and negligently. As a result, deceased suffered serious injuries and died in the District Hospital, Shahdol, on 11-1-1991. At the time of accident he was receiving salary of Rs. 1,958/- per month. He was 33 years old at that time. He left behind wife Smt. Laxmi Devi Dwivedi (30), daughters Ku. Anju (9), Ku. Neelu (7), Ku. Renuka (5), Ku. Rashmi (3) and Ku. Ruchi (5 months). On account of this death, the family has been left high ...
Shree Amarlal Kirana Stores Vs. Commissioner of Income-tax and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2003
Reported in: 2004(170)ELT525(MP); [2004]267ITR48(MP)
1. In this intra court appeal, the question is with regard to an interpretation of Section 95(i) of the Kar Vivad Samadhan Scheme, 1998 (hereinafter shall be referred to as the 'Scheme of 1998'). For ready reference Section 95(i) of the said Scheme is reproduced hereinbelow :'95. Scheme not to apply in certain cases.--The provisions of this Scheme shall not apply-- (i) in respect of tax arrear under any direct tax enactment,-- ... (c) to a case where no appeal or reference or writ petition is admitted and pending before any appellate authority or the High Court or the Supreme Court on the date of filing of declaration or no application for revision is pending before the Commissioner on the date of filing declaration.' 2. The appellant's declaration filed under the Scheme of 1998 has been filed by the Department with the following order :'This is in reference to your declaration filed under the KVSS-98 on December 31, 1998. As there is no appeal/revision pending, you are not eligible fo...
Ramji Lal and ors. Vs. Omkar Lal and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2003
Reported in: 2004ACJ238
S.S. Jha, J. 1. This appeal is preferred by claimants for enhancement of compensation. On 27.8.1989, a young boy, namely, Ghanshyam met With an accident and lost his life. The deceased was travelling in tractor No. CIG 4327 which was driven by respondent No. 1 Omkar Lal. It is alleged that tractor was driven in a rash and negligent manner which resulted into accident and caused death of Ghanshyam. Application for compensation of Rs. 2,60,700 was filed before Motor Accidents Claims Tribunal, Morena, which was registered as Motor Accident Case No. 60 of 1989. The tractor was insured with respondent No. 3, insurance company. Claims Tribunal has held that Ghanshyam was sitting in the tractor and on account of rash and negligent driving, Ghanshyam met with an accident and died on the spot but Tribunal had assessed compensation of Rs. 25,000 only.2. Learned counsel for appellants submitted that no reasons have been assigned by the Claims Tribunal for arriving at the figure of Rs. 25,000. Lea...
Suresh Kumar Davani Vs. Shashikant Agrawal and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2003
Reported in: III(2005)ACC515; 2005ACJ1028
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 94 of 2000 dated 30.1.2001.2. Compensation of Rs. 33,41,350 has been claimed for suffering personal injuries in the accident which took place on 12.8.1998 when vehicle No. MP-J 1812, owned by Shashikant Agrawal, driven by Shivbalak Patel and insured with Oriental Insurance Co. Ltd., hit the claimant who was going on bicycle, on the crossing of Ghamapur, in the evening at 8 p.m. It is stated that the accident was result of rash and negligent driving of the truck by its driver as a result claimant suffered grievous injuries to head and chest and fracture to feet and hand. The matter was reported to police, claimant was shifted to Victoria Hospital, Jabalpur, and thereafter, Jabalpur Hospital. He used to do the painting work before the accident and after the accident he is unable to do it. He spent considerable amount on treatment. Respondents state that the accident ...
Surash Kumar Davani Vs. Shashikant Agarwal and ors.
Court: Madhya Pradesh
Decided on: Jan-07-2003
Reported in: 3(2005)ACC515
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accident Claims Tribunal, Jabalpur in M.V.C. No. 94 of 2000 dated 30.1.2001.2. Compensation of Rs. 33,41,350/- has been claimed for suffering personal injuries in the accident which took place on 12.8.1998 when vehicle No. MP-J 1812, owned by Shashikant Agrawal, driven by Shivbalak Patel and insured with Oriental Insurance Co. Ltd., hit the claimant who was going on bicycle, on the crossing of Ghamapur, in the evening at 8 p.m. It is stated that the accident was result of rash and negligent driving of the truck by its driver as a result claimant suffered grievous injuries to head and chest and fracture to feet and hand. The matter was reported to police, claimant was shifted to Victoria Hospital, Jabalpur, and thereafter, Jabalpur Hospital. He used to do the painting work before the accident and after the accident he is unable to do it. He spent considerable amount on treatment. Respondents state that the accident...
Man Industries (India) Ltd. and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-06-2003
Reported in: 2003(2)MPHT367
ORDERA.M. Sapre, J.1. The short question that arises for consideration in this writ is, whether respondent Nos. 2 and 3 were justified in holding that petitioner was not eligible for submitting tender pursuant to Notice Inviting Tender (for short 'NIT') invited by them thereby depriving the petitioner to participate in tender process on merits alongwith other eligible tenderers Facts necessary for the disposal of the writ need mention in brief.2. Narmada Valley Development Authority - the respondent No. 3 herein is an authority created by State of M.P. by virtue of a Notification, dated 16-7-1985 (Annexure P-3) issued by the State. Its main object is to plan, construct and maintain major and multipurpose projects in the Narmada Valley.3. On 14-2-2002, the respondent No. 3 invited tenders by issuing NIT (Annexure P-3) for providing and laying M.S. Pipe Lines for underground rising mains from DC-1 to DC-2 and DC-3 to DC-4 of Kathora Lift Irrigation Scheme on left bank of river Narmada ne...
Nattha S/O Janved Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-06-2003
Reported in: 2003CriLJ2222; 2003(1)MPLJ613
R.B. Dixit, J.1. It is alleged by prosecution that on 1st February, 1987 when deceased Ramlakhan was sleeping in a hut at his fields outside the village, the accused persons including the appellant came in a jeep and appellant fired upon him from his gun which hit his left leg. After the appellant along with other accused persons left the place, father of the deceased Kalyan (P.W. 2) was informed about the incident by Hariram. On reaching the place of incident, the deceased informed his father that he was assaulted by the appellant by firing a gun shot and thereupon father of the deceased lodged the First Information Report at the police station, Billoua.2. The deceased succumbed to the injury. Post-mortem was performed by Dr. V.K. Diwan (P.W. 1) who found gun shot wound of entry on left knee and another gun shot wound of exit over the left thigh.3. The learned First Additional Judge to the Sessions Judge, Gwalior after examining the evidence of the parties acquitted all other accused ...
Mohmed Iqbal and ors. Vs. Madhya Pradesh State Road Transport Corporat ...
Court: Madhya Pradesh
Decided on: Jan-06-2003
Reported in: II(2004)ACC488; 2004ACJ311
Bhawani Singh, C.J.1. This appeal is directed against the judgment of Motor Accidents Claims Tribunal, Raisen, arising out of Claim Case No. 25 of 1986 dated 19.3.1990.2. The accident took place on 24.3.1984 when bus No. CPH 8502 owned by the M.P.S.R.T.C. driven by Musharaf Khan, rashly and negligently turned turtle causing head injuries to Parveen Begum (28) resulting in death. The allegation is that the accident was result of rash and negligent driving of the bus by its driver otherwise it would not have taken place. Deceased was taken to the hospital but she died before she could reach the hospital. She left behind husband and three children of tender age. Compensation of Rs. 3,00,000 (rupees three lakh) has been claimed. Respondent M.P.S.R.T.C. has filed reply denying the allegation, therefore, requested for dismissal of claim petition. Other respondents have not filed the reply, proceeded ex parte.3. The Claims Tribunal held that the deceased died, as alleged, assessed the compens...
Basantibai Vs. Kailashdas and ors.
Court: Madhya Pradesh
Decided on: Jan-06-2003
Reported in: III(2003)ACC442; 2004ACJ628
Verma and Kochar, JJ. 1. This appeal is under Section 173 of Motor Vehicles Act, 1988 against the award dated 31.8.1995 passed by M.A.C.T., Jaora (Ratlam) in M.V. Case No. 98 of 1994, whereby the claim of the appellant for injuries sustained by her in a motor accident has been rejected.2. The appellant, aged about 35 years was travelling in a bus between Badnagar and Kalukheda. While travelling so in the said bus, she felt the sensation of vomiting and thus peeped out for vomiting. In the meanwhile a truck being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No, 3, came from the opposite direction, hitting the head of claimant. She sustained fracture of the occipital bone and injuries on other parts of the head.3. The appellant-claimant preferred a claim petition. The same has been rejected on the ground that the driver of the bus should have been more careful while crossing the other vehicle coming from opposite direction, the claimant was partly res...
Gyantibai Vs. Rampyaribai and ors.
Court: Madhya Pradesh
Decided on: Jan-03-2003
Reported in: 2003(1)MPHT352; 2003(3)MPLJ284
ORDERBhawani Singh, C.J.1. This appeal is directed against the order dated November 21, 1997, of the Additional District Judge, Dindori, in Succession Case No. 2/95.2. Sukhram (dead) was Assistant Teacher with the Government of Madhya Pradesh. He died on 16-1-1995 leaving behind Rampyaribai (wife/respondent No. 1) and four daughters, namely, Ku. Sandhya (11), Ku. Swati (9), Ku. Sunyana alias Wali (7) and Ku. Sonal (3).3. Gyantibai (appellant) also claims to be wife of Sukhram. She alleges that she married Sukhram, remained with him, performed his last rites, therefore, his wife, accordingly claimed succession. However, this claim is disputed by Rampyaribai (respondent No. 1). She states that Gyantibai was not married to Sukhram, therefore, case of succession in her favour does not arise.4. Trial Court examined the matter on the basis of evidence placed before it. It came to the conclusion that custom of having two wives was not proved nor Sukhram could marry another wife without permis...
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