Madhya Pradesh Court January 2003 Judgments
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Manorama Borkar and ors. Vs. Janki Prasad and ors.
Court: Madhya Pradesh
Decided on: Jan-14-2003
Reported in: 2004ACJ1456
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Balaghat in M.A.C. No. 77 of 1999 dated 19.1.2000.2. Briefly, Dr. Shyamlal Borkar was posted as Block Medical Officer, Primary Health Centre, Birasa (Balaghat). With a view to attend meeting at Balaghat and bring some medicines from there, he left Birasa on 22.8.1997 at 11 a.m. along with nurses Manju Rahangdale and Sushila Asole, ward boy Janki Prasad and water1 man Shyam Ratan Vinayak. On the way, Tannod river was in spate; therefore, they waited till 9.30 p.m. for it to abate. Thereafter, the jeep was taken across. However, it was washed away resulting in the death of Dr. Shyamlal Borkar, nurses Manju Rahangdale and Sushila Asole. Accordingly, claim petitions were filed for compensation by legal heirs of Dr. Shyamlal Borkar and nurse Manju Rahangdale, disposed of by the impugned award.3. Obviously, the allegation of claimants is that the accident took place due to rash and negligent d...
Vysya Bank Limited Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-14-2003
Reported in: [2004]138STC386(MP)
ORDERA.M. Sapre, J.1. With the consent of parties, petition is heard finally at the motion stage itself.2. The only grievance of the writ petitioner appears to be in the writ is that an ex parte order, passed on November 12, 2002 (annexure P 11) by Additional Commissioner, Commercial Tax, dismissing the revision petition filed by the petitioner in default and not restoring the same by again passing an adverse order against the petitioner, dated January 1, 2003 (annexure P 13) deserves to be quashed.3. It appears that consequent upon the remand made by this Court by order dated October 21, 2002, passed in W.P, No. 2398 of 2001, the revision petition preferred by the petitioner ought to have been heard on merits keeping in view the directions given by this court in the aforementioned writ. It appears that on the date fixed by the learned Additional Commissioner, Commercial Tax, the petitioner and or his consultant could not appear as according to petitioner his consultant fell sick. On t...
Lahar Publicity Service Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-13-2003
Reported in: 2003(2)ARBLR541(MP); 2003(1)MPHT422; 2003(2)MPLJ307
ORDERS.P. Khare, J.1. This is a revision by the defendant against the order by which its application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter, to be referred to as 'the New Act') for referring the parties to arbitration in view of the arbitration agreement between the parties, has been rejected.2. The plaintiff filed the suit for recovery of Rs. 4,66,764/- from the defendant It was stated in the plaint that the defendant is an accredited agency appointed by the plaintiff for collecting advertisements for being telecast by the plaintiff. According to the plaintiff, an amount of Rs. 3,89,619/- is due from the defendant as telecasting charges. The plaintiff has also claimed interest at the rate of 18% per annum on this amount.3. The defendant submitted an application supported by an affidavit stating therein that there is an arbitration clause in the agreement dated 1-12-1999 and, therefore, the parties should be referred to arbitration in terms of the ar...
State of M.P. Vs. Karia Alias Kallu
Court: Madhya Pradesh
Decided on: Jan-13-2003
Reported in: 2003(1)MPHT537
ORDERBhawani Singh, C.J. 1. Through this appeal order of acquittal passed by Sessions Judge, Satna in ST. No. 80/87, dated July 6, 1989 has been challenged by the State of Madhya Pradesh.2. Shortly stated, prosecution case is that accused Karia alias Kallu committed rape on Lalli daughter of Gopi Prasad (P.W. 6) and Bisarania (P.W. 1) on 4-7-1987 at about 7.00 p.m. in Village Ucchehra in.front of Ucchehra School. First Information Report (Ex. P-5), is based on written report (Ex. P-4) recorded at the instance of Gopi Prasad (P.W. 6). Investigation was commenced, prosecutrix and accused were subjected to medical examination, former by Dr. Mrs. K. Verma (P.W. 8) and the latter by Dr. Santosh KumarJain (P.W. 11). Clothes of prosecutrix and accused were taken into possession, sent to Forensic Science Laboratory, Sagar and reports obtained. After completion of investigation, charge-sheet was filed and accused was committed to Court of Session which acquitted him by the impugned order.3. Que...
Seetaram and anr. Vs. Collector
Court: Madhya Pradesh
Decided on: Jan-13-2003
Reported in: 2003(2)MPHT351
A.M. Sapre, J.1. It is a second appeal filed by the plaintiff under Section 100 of CPC against the judgment and decree, dated 30-8-1983, passed by learned IInd Additional District Judge, Shajapur in C. A. No. 279 of 1982, which in turn arise out of Civil Suit No. 157-A of 1979, decided on 7-74982, by Civil Judge, Class II, Susner, District Shajapur. It came to be admitted for final hearing on following three substantial questions of law :--'(1) Whether the Appellate Court committed an error of law in holding the appeal within limitation ? (2) Whether the Appellate Court committed an error of law in dismissing the suit because of non-service of notice under Section 80, CPC when the Trial Court had dispensed with the said notice on the application of the plaintiffs ? (3) Whether the Appellate Court committed an error of law in holding that the plaintiffs did not acquire the rights of a Bhumiswami of the suit land ?' 2. At the outset learned Counsel for the appellant submitted that in cas...
Smt. Kamla Patel Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-13-2003
Reported in: AIR2004MP159
ORDERArun Mishra, J.1. The main question has arisen in the instant case is to the entitlement of the 'Laboratory Technician' to run the Pathology Laboratory and also about the 'qualifications' to be possessed by Laboratory Technician, Question is also whether visiting pathologist can be allowed to make the visit occasionally in the pathological laboratory and whether such laboratories can be said to be run by pathologist and can be allowed to be run.2. The question involved in the writ petition is of utmost importance for the health of human being, detection of ailments, curative process including medicinal treatment to be imparted depends on the various investigation reports to be furnished on laboratory tests by the pathological laboratories.3. Finding that the laboratory in question 'Maruti Clinical Pathology' has being run by non-qualified person. Prohibitory order Under Section 133 of the Cr. P.C. was passed by SDM restraining the running of laboratory. The S.D.M. Jabalpur took th...
Rajendra Kumar Vs. Udai Prakash and ors.
Court: Madhya Pradesh
Decided on: Jan-13-2003
Reported in: 2005ACJ2158
Deepak Verma and S.L. Kochar, JJ.1. This appeal is by the claimant-appellant for enhancement of the amount of award awarded by XII Addl. M.A.C.T., Indore in M.V. Case No. 200 of 1999 whereby the appellant for his permanent injuries said to have been caused to him in a road motor accident, has been awarded a sum of Rs. 3,78,000.2. We have perused the evidence of Dr. Dakvale, PW 6, examined on behalf of the appellant. We have also perused evidence of PW 3 Rajendra. From their evidence, it is clearly established that appellant has been rendered incapable of performing any duties. It is a matter of record that appellant has suffered paralysis on account of the said accident which he would have to carry on till he is alive. It has also come on record that he has been removed from his job after this accident. At the time of accident, he was aged 48 years and was working as Manager in a transport company and was earning Rs. 5,000 per month.3. Looking to the facts and feature of the case, we f...
Commissioner of Cus. and C. Ex. Vs. Tirupati Steel Industries
Court: Madhya Pradesh
Decided on: Jan-13-2003
Reported in: 2005(182)ELT149(MP)
ORDER1. This is an application under Section 35H of the Central Excise Act, 1944. The question which has been formulated by the department reads as under :-'Whether the Tribunal, was correct in holding that an assessee would not be liable to pay interest under Section 11AA of the Central Excise Act, 1944, if the show cause notice did not propose levy of interest on duty, when liability for payment of interest under Section 11AA arises only if there is delay in payment of duty as confirmed in an adjudication order.'2. Upon perusal of the application and the facts which have been put forth vide Annx. A, we are of the considered opinion that the case at hand stands on a different footing we say so because on a perusal of the order passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, in Appeal No. E/1063/02-NB/SM we find that the Member Judicial has expressed the view as under :-'7. Ld. Counsel has, inter alia, submitted that the orders of the 'lower authorities ...
Rajendra Kumar Vs. Udai Prakash
Court: Madhya Pradesh
Decided on: Jan-13-2003
Reported in: I(2005)ACC605
Deepak Verma, J.1. This appeal is by the claimant appellant for enhancement of the amount of award awarded by XII Addl. M.A.C.T., Indore in M.V. Case No. 200/99 whereby the appellant for his permanent injuries said to have been caused to him in a road motor accident, has been awarded a sum of Rs. 3,78,000/-.2. We have perused the evidence of doctor Dakvale P.W. 6 examined on behalf of the appellant. We have also perused evidence of P.W. 3 Rajendra. From their evidence, it is clearly established that appellant has been rendered incapable of performing any duties. It is a matter of record that appellant has suffered paralysis on account of the said accident which he would have to carry on till he is alive. It has also come on record that he has been removed from his job after this accident. At the time of accident, he was aged 48 years and was working as Manager in a Transport Company and was earning Rs. 5,000/- per month.3. Looking to the facts and features of the case, we find that the...
Shriniwas Fertilisers Limited Vs. Khaitan Chemicals and Fertilisers Lt ...
Court: Madhya Pradesh
Decided on: Jan-10-2003
Reported in: (2003)2CompLJ25(MP); [2003]46SCL299(MP)
ORDERA.M. Sapre, J. 1. In order to enable this court to pass final order on the compromise/amalgamation/merger application in exercise of power under Section 391 readwith Section 394 of the Companies Act, it is necessary for the Registrar [of Companies] to give his report as contemplated under Section 394(1), proviso, to the effect that the affairs of the company have not been conducted in a manner prejudicial to the interest of its members or to public interest. The letter submitted by the Registrar, dated 12.12.2002, does not indicate compliance of this requirement as contained in the proviso to Section 394 of the Companies Act. The letter only says that the Directorate have examined the amalgamation scheme and noted that the one shareholder named IFCD has objected to the proposed amalgamation/scheme, and hence, the court may be pleased to pass appropriate orders.2. In my opinion, this cannot be said to be a report which can be said to be in conformity with the proviso to Section 394...
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