Madhya Pradesh Court March 2003 Judgments
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General Manager, M.P.S.R.T.C. Vs. Shymabai and anr.
Court: Madhya Pradesh
Decided on: Mar-27-2003
Reported in: III(2003)ACC367
ORDERAjit Singh, J.1. This appeal is directed against the award dated 14.5.1996 passed by Motor Accident Claims Tribunal, Bhopal, in Claim Case No. 294/1995 whereby Rs. 60,000/- has been awarded in favour of respondent No. 1.2. Claimant, the respondent No. 1, is a vegetable vendor and at the time of accident she was earning about Rs. 1,000/- per month. On 30.9.1993 at about 8.30 a.m. while she was going towards Barkheda Market along with her hand-cart, a bus bearing registration No. CPW/7028 hit her from behind. The said bus was being driven rashly and negligently by its driver, respondent No. 2. The bus is owned by the appellant. Because of the accident, the left hand of the respondent No. 1 was badly crushed. She also sustained a fracture on her left hand. Consequently, she suffered enormous pain and incurred heavy expenses on her treatment, medicines, special diet, etc. etc. She, thus, claimed a compensation of Rs. 1,90,000/-.3. The appellant contested the claim on the ground that n...
Rajesh Alias Rajeswari and ors. Vs. Lakhan Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-27-2003
Reported in: 2005ACJ1769
Rajendra Menon, J.1. This appeal by the claimant is for the enhancement of the compensation awarded to them by the Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 44 of 1994 decided on 28.1.1998.2. It is the case of the claimant that they are the wife and children of late Raghunath Singh Gurjar who met with an accident on 16.3.1992 in the evening at 6 p.m., when he was going on his motor cycle No. CPH 3809 with claimant No. 1 sitting behind him. When they reached the railway crossing near Vikky Factory, the railway gate was closed, therefore, the motor cycle was stopped, a truck bearing No. MKH 7754 came from behind dashed against the motor cycle because of which many persons were injured. Raghunath Singh sustained serious injuries and died on the spot itself.3. It is averred that Raghunath Singh was aged 38 years and was working as a Junior Scientist in the Agricultural Department Institute. He was earning Rs. 5,950 per month. Certificate Exh. P-3 is the salary certi...
Nandini Verma and anr. Vs. Devendra Nath and ors.
Court: Madhya Pradesh
Decided on: Mar-27-2003
Reported in: II(2005)ACC862; 2005ACJ678
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Betul, in M.A.C. No. 29 of 1999, dated 4.5.2001.2. Nandini Verma (wife) and Shree Verma alias Bittu (minor daughter) have filed claim before the Motor Accidents Claims Tribunal, Betul, for compensation of Rs. 70,59,771 on the death of Shyam Sunder Verma in a motor accident on 26.9.1996. He was travelling by bus No. CR 13-3426 from Cuttack to Jagdalpur, where he was posted as Junior Scientist in Zonal Agricultural Research Centre under Indira Gandhi Agricultural University, Raipur, when he was run over by the bus having fallen down from it. Allegation is that the accident occurred due to rash and negligent driving by Devendra Nath who did not stop the bus despite requests by the deceased to enable him to vomit and when he could not resist, he started vomiting through the window of the bus and the driver applied brakes all of a sudden as a result of which the deceased fell down from the bu...
Phoolmati Bai and ors. Vs. Mohd. Azad and ors.
Court: Madhya Pradesh
Decided on: Mar-27-2003
Reported in: 3(2005)ACC593
Ajit Singh, J.1. This appeal, by the claimants, is directed against the interim award dated 2.12.2002 passed in Claim Case No. 63 of 2002 by the Motor Accident Claims Tribunal, Kami, whereby only a sum of Rs. 25,000/- has been awarded on the ground that by Repealing and Amending Act, 2001, the Motor Vehicles (Amendment) Act, 1994 has been repealed and, therefore, the provisions of Motor Vehicles Act, 1988 prior to amendment of 1994 are applicable.2. The claimants are wife and parents of the deceased Dayaram. On the intervening night of 4/5.5.2002 Dayaram was run over by a truck while he was sleeping by the side of road. He died on the spot. The said truck was being driven by the driver respondent No. 1. The truck is owned by the respondent No. 2 and insured with the respondent No. 3.3. The appellants filed a claim petition for compensation along with an application under Section 140 of Motor Vehicles Act, 1988 for grant of compensation of Rs. 50,000/- against the respondents on the pri...
Smt. Urmila Patel and ors. Vs. Ravindra Patel and ors.
Court: Madhya Pradesh
Decided on: Mar-26-2003
Reported in: 2003(2)MPHT308
ORDERA.K. Shrivastava, J.1. This revision petition has been directed against the order of the Trial Court rejecting the application filed under Section 32 of the M.P. Public Trust Act, 1951 (for brevity 'the Act') by the applicants herein. The applicants are the defendants in the Trial Court. A suit for declaration and injunction has been filed by the plaintiffs--Ravindra Patel and three others who are arrayedas respondent Nos. 1 to 4 here in this revision petition. Murti Shri Laxmi Narayan Bhagwan Mandir has been arrayed as defendant No. 1. In the suit, an application under Section 32 of the Act was filed stating therein that looking to the plaint averments, in fact, the suit has been filed by Murti Shri Laxmi Narayan Bhagwan Mandir and the plaintiffs have clothed Murti Shri Laxmi Narayan Bhagwan Mandir as defendant No. 1. It has been contended that defendant No. 1 is not a registered Trust and, therefore, the suit filed by the plaintiffs as the representatives of the Murti Shri Laxmi...
Commissioner of Income-tax Vs. Madurantakam Co-operative Sugar Mills L ...
Court: Madhya Pradesh
Decided on: Mar-26-2003
Reported in: [2003]263ITR388(MP)
R. Jayasimha Babu J.1. The questions referred, at the instance of the Revenue are :'1, Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the provision of Rs. 2,19,163 made to the Molasses Storage Fund is an allowable deduction ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the incentive, received by way of rebate on excise duty payable and increased percentage of levy-free quota of sugar, is not assessable as income of the assessee ?3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the initial depreciation allowed prior to the assessment year 1983-84 and earlier years should not be deducted from the written down value of the assets ?4. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the bank interest earned on the Mola...
Raj Homes Pvt. Ltd. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Mar-26-2003
Reported in: (2004)ILLJ690MP; 2003(2)MPLJ572
Bhawani Singh, C.J.1. This appeal is directed against the order of learned single Judge, in W.P. No. 6380/2002, dated December 4, 2002, whereby the petition has been dismissed.2. Precisely, facts of the case are that the appellant was issued notice dated March 23, 2002 by the Assistant Labour Commissioner, Bhopal, to show cause why action be not taken against him under the provisions of the Child Labour (Prohibition and Regulation) Act, 1986, for having employed Ku. Savita (12) D/o Bhurani, R/o village Isradra, Post Madrani, TahsilMeghanagar, District Jhabua, Ku. Sandhu (11) D/o Annu, R/o village Isradra, Post Madrani, Tahsil Meghanagar (Jhabua), Ku. Sunila(12)D/oNag, R/o village Isradra, Post Madrani (Jhabua) and Anusuia (13)S/o Dhannu, R/o J.K. Road, Govindpura, Bhopal, in construction work violating Section 3 read with Section 14(1)(3) of the Act of 1986. Pursuant to this notice, the petitioner filed reply on April 10, 2002 stating that he is engaged in selling of houses while const...
Patiram Chandel Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-26-2003
Reported in: AIR2004MP122; 2003(4)MPLJ424
Dipak Misra, J. 1. The petitioner, a resident of District Dindori, who was elected unopposed as a 'Panch' from Village, Mohda in the last Gram Panchayat election describing himself as a social worker, and pro bono publico, has filed this public interest litigation with numerous prayers which are essentially relatable``1e to removal of encroachers from the land situated in the reserved forest in the District, Dindori, to take appropriate action who have indulged themselves in illicit felling of trees, to clear the approach road to Village, Mohda by evicting the encroachers, to remove the unauthorized persons from the cattle-grazing area, to command the State Pollution Control Board to take appropriate action to save environment and restore ecology of the reserved forest and to pass such other order/ orders as may be deemed fit and proper in the facts and circumstances of the case.2. The facts as have been undraped are that the Village, Mohda is situated in the Tahsil and District Dindor...
Harsh Malik Vs. Munna Burman and ors.
Court: Madhya Pradesh
Decided on: Mar-26-2003
Reported in: 2005ACJ71
S.L. Jain, J.1. The respondent Nos. 1 to 3 had filed an application under section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) for award of compensation in respect of an accident involving truck bearing No. MP 20-C 0058, resulting in the death of Bablu Burman, aged about 22 years, the son of respondent Nos. 1 and 2 and brother of respondent No. 3.2. Respondent Nos. 1 and 3 filed an application under section 140 of the Act marked as I.A. No. 1. In this application, it was contended that the death of Bablu Burman has resulted from an accident arising out of the use of motor vehicle, there fore, the appellant owner and insurance company are liable to pay the amount of Rs. 50,000 in respect of such death in the form of interim compensation for no fault liability.3. The application was opposed by the appellant and the insurance company. It was stated by appellant that the deceased was not attended by respondent Nos. 1 to 3 and that after the accident the ...
S.K. Murti and anr. Vs. Govind Prasad Agrawal
Court: Madhya Pradesh
Decided on: Mar-25-2003
Reported in: 2003(4)MPHT568; 2003(3)MPLJ396
ORDERNarain Singh 'Azad', J.1. The petitioners seek quashment of criminal proceedings in R.T. (Criminal Case No. 5/92), pending in the Court of J.M.F.C., Itarsi, which these petitioners are facing for offences punishable under Sections 409, 465 and 467 of the IPC.2. The respondent filed a complaint, which is registered as R.T. (Criminal Case No. 5/92), in the Court of J.M.F.C., Itarsi, against these petitioners, on these facts that he happens to be 'No Limit Contractor', and a partners of Firm Mohanlal Hiralal of Itarsi. This firm obtains and executes big contracts in respect of which various departments of the State Govt. issue tenders. Firm Mohanlal Hiralal has its account with Punjab National Bank, Branch Itarsi (petitioner No. 2) and complainant/respondent Govind Prasad Agrawal also has his personal accounts in aforesaid Branch of petitioner No. 2. Presently, respondent/complainant has 15 FDRs. worth Rs. 3,40,000/- in Itarsi Branch of petitioner No. 2. The details of these FDRs are...
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