Madhya Pradesh Court March 2003 Judgments
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Ramdhun Tiwari and ors. Vs. Devi Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-25-2003
Reported in: III(2004)ACC542; 2004ACJ600
Bhawani Singh, C.J. 1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Shahdol, in Claim Case No. 7 of 1995, dated 10.3.1997.2. Briefly stated, the accident took place on 31.12.1994, when the truck No. MP 20-B 0832, driven by Devi Singh rashly and negligently, hit the motor cycle No. MKA 2719 near Kannabahara causing the death of Ramesh Tiwari. The allegation is that the accident took place due to the rash and negligent driving of the truck by Devi Singh. The truck was owned by Gurmeg Singh and insured with National Insurance Co. Ltd. Compensation of Rs. 8,82,000 has been claimed. The deceased was doing business in grocery, video parlour and flour mill.3. The respondent Nos. 1 and 2 submit that the truck was being driven slowly and carefully while the deceased was driving the motor cycle at great speed and hit the truck resulting in injuries and ultimately death. The claim is exaggerated, there is no liability to pay the compensation. The deceased was ...
Oriental Bank of Commerce Vs. Sandeep Printers and ors.
Court: Madhya Pradesh
Decided on: Mar-25-2003
Reported in: I(2005)BC218
A.K. Gohil, J.1. This first appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 25th April, 1996 passed by First Additional District Judge, Mandsaur, in Civil Suit No. 16-B/1992 against the part of the judgment and decree by which the Trial Court has not granted the decree against respondent Nos. 3 and 4 who were the guarantors.2. The brief facts of the case are that appellant/plaintiff filed a suit on 22.9.1992 for recovery of Rs. 26,272.25 ps. Admittedly the loan was granted to respondent/defendant Nos. 1 and 2 and respondent/defendant Nos. 3 and 4 are the guarantors. The Trial Court decreed the suit in favour of the plaintiff/Bank and against respondent Nos. 1 and 2 and dismissed the suit against respondent Nos. 3 and 4 who are guarantors on placing reliance on a decision in Vimla Pradhan (Smt.) and Ors. v. United Commercial Bank and Ors., II (1991) BC 507=1991 J.L.J. 344, on the ground that the loan was acknowledged only by defen...
Vijay Kumar Gupta Vs. B.G. Khosale and ors.
Court: Madhya Pradesh
Decided on: Mar-25-2003
Reported in: 2005ACJ1718
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Shahdol in Claim Case No. 37 of 1991 dated 1.3.1997.2. Accident took place on 4.3.1991 when B.G. Khosale driving jeep No. CPZ 4928 rashly and negligently hit the scooter of which claimant was pillion rider. As a result of this accident, claimant suffered crush injury in the right leg with compound fracture. He undertook treatment for one and half years with the doctors at Shahdol, Bilaspur and Jabalpur. Claimant was running a restaurant at Shahdol and earning Rs. 100 per day. Compensation of Rs. 14,50,000 is claimed. The respondents B.G. Khosale and one Kunwar Bahadur Singh have been proceeded exparte while State of Madhya Pradesh states that the jeep was being driven by Kunwar Bahadur Singh carefully. On account of the negligence of claimant the scooter entangled with the left bumper and tyres of the jeep, being driven rashly and negligently. The jeep was stopped immediately and claiman...
Shanti Devi and ors. Vs. R.N. Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-25-2003
Reported in: III(2003)ACC260
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accident Claims Tribunal, Satna in Claim Case No. 87 of 1993 dated 31.1.1997.2. Accident took place on 12.12.1992 when Truck No. M.P. 19/0101 driven rashly and negligently by its driver hit deceased Devpal Singh, who died as a result thereof after 4/5 days in the hospital. Compensation of Rs. 19,20,000/- is claimed. Respondents have denied the accident and the liability for payment of compensation. However, Claims Tribunal holds that accident took place as alleged. Compensation of Rs. 76,800/- has been awarded with interest at the rate of 12% per annum.3. Sole question for determination in this case is whether the claimants have been awarded just compensation. Mr. Samaiya, Counsel for appellants submits that the deceased possessed two acres of land and was taking land of others for cultivation on lease basis. Therefore, he was earning Rs. 36,000/- per annum. Smt. Amrit Ruprah disputes this submission and submits t...
Speed Automobiles Ltd. and anr. Vs. Assistant Commissioner of Commerci ...
Court: Madhya Pradesh
Decided on: Mar-24-2003
Reported in: 2003(3)MPHT148; [2003]132STC461(MP)
ORDERA.M. Sapre, J. 1. Petitioner a limited Company is engaged in the business of purchase and sale of various automobile vehicles. They have their place of business at Indore as also several other places in M.P., Gujrat, Maharashtra, Chhattisgarh, etc. 2. By filing this writ the petitioner in substance seeks to challenge the action taken on the part of commercial sleuths on 30-1-2003 under Section 45 of M.P. Commercial Tax Act in raiding the petitioner's business premises. A consequential action in issuance of notices is also challenged. The challenge is essentially on the ground that no case whatsoever has been made out for invoking powers conferred under Section 45 ibid. It is also contended that in any event the exercise of powers was arbitrary in nature and not called for in the facts of the case. It is further contended that petitioner has neither indulged in any evasion of tax much less to the extent so as to empower taxing sleuths to invoke the extreme step of raiding the petit...
Dayaram Mishra Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Mar-24-2003
Reported in: 2003(3)MPHT385
ORDERShantanu Kemkar, J.1. The appellant has filed this Letters Patent Appeal under Clause X of the Letters Patent challenging the order dated 10-12-2002 passed in Writ Petition No. 4268/2002 by learned Single Judge.2. The appellant, Revenue Sub-Inspector in Municipal Council, Kymore, challenged his transfer order dated 31-7-2002 whereby he was transferred from Municipal Council, Kymore to Nagar Panchayat, Vijayraghavgarh through writ petition which has been dismissed by learned Single Judge.3. Shri Rajesh Maindiretta, learned Counsel for the appellant has challenged the transfer order by contending that the transfer order would adversely effect his seniority in the parent Municipality and harm his future promotions. In reply before the learned Single Judge, the respondents categorically stated that they shall maintain the seniority of the appellant in the Municipal Council, Kymore. It has also been stated that after the transfer his lien will be maintained in the parent Municipal Coun...
Sheikh Amir Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Mar-24-2003
Reported in: 2003(3)MPHT383; 2003(3)MPLJ228
ORDERShantanu Kemkar, J.1. The present Letters Patent Appeal has been filed against the order dated 3-10-2002 passed in M.P. No. 2678/1983 by learned Single Judge.2. The appellant challenged the order passed by Sub-Divisional Officer, Burhanpur, dated 25-8-1983 confirmed in appeal by Collector, Khandwa. By these orders, the sale deeds dated 1-5-1961 and 21-3-1973 were held void and the appellant directed to restore the possession. It was held in the said orders that the transactions of sale were prohibited transactions of loan as defined under Section 2-F 'The Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ke Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter 'Act').3. The learned Single Judge dismissed the writ petition and maintained the orders passed by the Sub-Divisional Officer and Collector, hence this appeal.4. In order to decide the Letters Patent Appeal, brief facts which are necessary may be mentioned :O...
Smt. Manisha Neema Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-21-2003
Reported in: 2003(2)MPHT303; 2003(2)MPLJ587
ORDERS.L. Kochar, J. 1. This is an application made by the applicant for grant of bail in anticipation of her being arrested under Section 438 of the Code of Criminal Procedure in connection with Crime No. 158/2003 for the offences under Section 420 of the Indian Penal Code and Section 3/7 of the Essential Commodities Act, directly without approaching the Court of Session at the first instance. 2. At the outset, this Court had asked the learned Counsel for the applicant as to why the applicant has not approached at the first instance before the Sessions Court having jurisdiction over the matter.3. The contention of the learned Counsel for the applicant is that Section 438 of the Cr.PC provides concurrent jurisdiction and therefore, it is the choice of the applicant to approach either of the Courts. In the application, the applicant has not mentioned the facts of the case as to how and on what basis, she has an apprehension for her arrest which may facilitate this Court to apply its min...
The Commissioner of Commercial Tax Vs. Agrawal Medical and General Sto ...
Court: Madhya Pradesh
Decided on: Mar-21-2003
Reported in: 2003(3)MPHT142; 2003(3)MPLJ286; [2004]137STC333(MP)
ORDERDipak Misra, J. 1. This is a reference under Section 44 (1) of the M.P. General Sales Tax Act, 1958 (for brevity 'the Act') by the Board of Revenue to this Court for answering the question which reads as under:-- 'Whether in the facts and circumstances of the case the Board of Revenue was justified in taking the view that the limitation of 30 days for the application under Section 45-A of the M.P. General Sales Tax Act, 1958 should have commenced from 4-12-1981 when the ex parte order was communicated to the assessee dealer, and not from 27-7-1981, i.e., the date on which the case was closed by the Assistant Sales Tax Officer for ex parte order ?' 2. The facts, as are discernible from the order passed by the Board of Revenue are that the assessee-dealer was assessed to Sales Tax for the period 11-11-1977 to 31-10-1978 by the Assistant Sales Tax Officer, Narsinghpur, Circle-1. In the order of assessment it has been recorded that the dealer was served with notice to appear before th...
Bank of India Vs. Sul India Ltd.
Court: Madhya Pradesh
Decided on: Mar-21-2003
Reported in: III(2003)BC77
ORDERA.M. Sapra, J. 1. Mr. K.B.S. Nair, learned Counsel for the Bank of India, Santa Bazar, Indore. 2. Official Liquidator Mr. Arvind Shukla is also present in person. 3. On 11th March, 2003 this Court while entertaining the reference received from the office of BIFR under Section 20(2) of the SICA, directed issuance of notice to the Official Liquidator in terms of rules and for passing of final winding-up orders. 4. Pursuant thereto the O.L. has appeared before the Court today. In terms of the rule, the O.L. is authorised to take possession of the assets/properties of the company by name M/s. SUL India Limited, at Industrial Area, 'Shujalpur, Company in liquidation. Necessary steps be taken in this regard by the O.L. and it be reported to this Court by the next date of hearing. 5. This is an application made by Bank of India--one of the secured creditors of the company in liquidation. By this application a prayer is made for setting aside of auction said to have been conducted by the ...
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