Madhya Pradesh Court February 2005 Judgments
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Sunita and ors. Vs. Madhya Pradesh Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Feb-03-2005
Reported in: 2006ACJ885; 2005(3)MPLJ13
S.S. Jha and A.K. Gohil, JJ.1. This appeal is filed by the claimants for enhancement of compensation.2. Deceased Brijesh died in an accident on 23.2.1996. Motor vehicle having registration No. MPB 6583 owned by respondent No. 1 and driven by respondent No. 4 caused the accident which resulted in the death of the deceased. Claims Tribunal has recorded a finding that the vehicle was driven in a rash and negligent manner which caused the accident resulting in the death of Brijesh. Since the finding as to rash and negligent driving is not under challenge before this court, therefore, we advert to the question of quantum of compensation only.3. Counsel for the appellant submitted that in spite of overwhelming evidence, Claims Tribunal has committed an error in determining the income of the deceased at Rs. 1,000 per month. He submitted that the evidence has not been perused properly by the Claims Tribunal and, therefore, the determination of quantum of compensation is incorrect. He submitted...
National Insurance Co. Ltd. Vs. Ujjwala and ors.
Court: Madhya Pradesh
Decided on: Feb-03-2005
Reported in: 2006ACJ2129
Deepak Verma and A.K. Awasthy, JJ.1. This appeal is under Section 173 of the Motor Vehicles Act, 1988 at the instance of the insurance company against the award dated 19.7.2004 passed in M.V. Case No. 80 of 2003.2. Son aged about 18 years of respondent Nos. 1 and 2 and brother of respondent No. 3 died in a road accident on 25.5.2001 when the car, in which he was traveling was dashed rashly and negligently by the truck bearing registration No. MP 09-KB 2323 driven by respondent No. 4, owned by respondent No. 5 and insured with the present appellant.3. On claim being filed by respondent Nos. 1 to 3 along with other claimants, who had also sustained bodily injuries all the claim petitions were consolidated and were disposed of by the common award. Claimant-respondent Nos. 1 to 3 have been awarded a sum of Rs. 5,00,000 together with interest at the rate of 6 per cent from the date of application till it is actually paid. According to the appellant insurance company the amount is on higher ...
K.P. Singh Kushwaha Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-01-2005
Reported in: 2005(2)MPHT423; 2005(2)MPLJ276
ORDERS.L. Kochar, J.1. This petition under Section 482 of the Code of Criminal Procedure has been filed for expungement of remarks and directions made against the applicant by the learned Special Judge, Shajapur in his judgment passed in Special Case No. 85/2004 on 6-10-2004.2. The facts giving rise to this petition are that the applicant was posted as S.D.O. (Police), Sarangpur on 28-3-2004 and is continued to be so till date. One Nandubai Pardi, a member of Scheduled Caste lodged a report on 28-3-2004 that on 27-3-2004, at about 21.00 - 22.00 PM she was ravished by one Vishnu by the side of the road near Village Sarli while she was in the way to her house. On this report, Crime No. 237/04 was registered for the offence under Section 376, Indian Penal Code and Sections 3(1)(xii) and 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, 1989 against accused Vishnu. On 9-4-2004, Harisingh, husband of the complainant Nandubai made an application to the applicant stating therein that the...
Commissioner of Income Tax Vs. Nevendram Ahuja
Court: Madhya Pradesh
Decided on: Feb-01-2005
Reported in: (2005)197CTR(MP)462; [2007]290ITR453(MP)
R.V. Raveendran, C.J.1. This reference is made by the Tribunal. Jabalpur Bench, by Statement of Case dt. 5th May, 1999 (in RA No. 107, 105 and 111/Jab/1998) in respect of its common order dt. 28th May, 1998 in ITA Nos. 282/Jab/1994, 263/Jab/1994 and 376/Jab/1995 regarding the asst. yrs. 1989-90, 1990-91 and 1991-92. The four questions of law referred are :Common questions for all three years'(1) Whether the Tribunal was justified in holding that in respect of deposit against tenancy, the assesses was only required to prove the identity of the depositors and that the deposit was made by the tenants ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee had discharged the burden in respect of deposits of Rs. 2,70,000, Rs. 1,05,000 and Rs. 85,000 received from tenants during accounting year relevant to asst. yrs. 1989-90, 1990-91 and 1991-92 ?'Note : In the second question, the Tribunal had wrongly mentioned the asst. yrs. ...
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