Madhya Pradesh Court August 2005 Judgments
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United India Insurance Co. Ltd. Vs. Kamla Raghuvanshi and ors.
Court: Madhya Pradesh
Decided on: Aug-24-2005
Reported in: II(2006)ACC281; 2006ACJ1889
A.S. Sapre and Tiwari, JJ.1. The decision rendered in this appeal shall also govern disposal of other two connected appeals being M.A. Nos. 772 and 1192 of 2002, because all these appeals arise out of one claim case.2. So far as M.A. Nos. 771 and 772 of 2002 are concerned, these two appeals are filed by insurance company challenging the quantum of compensation. They arise out of an award, dated 15.1.2002, in Claim Case No. 42 of 2001, passed by learned Member, Motor Accidents Claims Tribunal, Dewas. Whereas other appeal, i.e., M.A. No. 1192 of 2002 is concerned, the same is filed by the claimants for enhancement in the compensation awarded by the Tribunal. In this view the question in two appeals filed by the insurance company is whether compensation awarded by the Tribunal to the claimants is excessive and hence, be reduced whereas in M.A. No. 1192 of 2002 the question is whether any case for enhancement in the compensation awarded is made out3. Heard Mr. S.V. Dandwate, learned Counse...
Bano Bi and ors. Vs. Chandmal Patidar and ors.
Court: Madhya Pradesh
Decided on: Aug-24-2005
Reported in: II(2006)ACC298; 2006ACJ2007
Sapre and Tiwari, JJ.1. This is an appeal filed by the claimants, i.e., legal representatives of deceased Abdul Rashid Khan under Section 173 of Motor Vehicles Act against an award. By impugned award, the Tribunal has dismissed the claim petition filed by the appellants. Facts in brief are these:One Abdul Rashid, aged around 59 years, a government servant, was killed on 18.4.2000 when he was dashed on road (bypass of Rajgarh Square, Biaora) by one moving vehicle. The F.I.R., Exh. P2, was lodged immediately by one Soni mentioning therein the description of car, its number and colour as also make. Since the car driver ran away after dashing the deceased who died on the spot, the car was seized after about a month from a garage.2. A claim petition was filed by widow and children of deceased, i.e., appellants herein under Section 166 of the Act claiming compensation for the death of Abdul Rashid against the owner/driver/insurer of the vehicle in question. The claim was resisted by the non-...
Ramkanyabai and ors. Vs. Unav Transport Co. (P) Ltd. and ors.
Court: Madhya Pradesh
Decided on: Aug-24-2005
Reported in: IV(2005)ACC302; 2007ACJ2003
A.M. Sapre and A.K. Tiwari, JJ.1. This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 16.4.2002 passed in Claim Case No. 4 of 2001 by the Third M.A.C.T., Ratlam (Camp Jaora).2. By the impugned award, the Tribunal was pleased to allow the claim petition filed by the claimants and awarded a total sum of Rs. 3,78,000. However, apportioning the liability, to the extent of 50 per cent on the ground of contributory negligence, the compensation eventually payable by both insurance companies was Rs. 1,89,000 and accordingly and in consequence thereof award was passed for a sum of Rs. 1,89,000 against respondents, i.e., non-applicants. It is this award which is sought to be challenged by the claimants before this Court in this appeal.3. Facts in brief are these:In the midnight of 2.9.2000, Poonamchand who was driver of bus bearing No. MP 43-F 0011 while driving this vehicle dashed with a stationary truck bearing No. UP 78-T 2752. This led ...
Ram Kanya Bai and ors. Vs. Unav Transport Co. (P.) Ltd. and ors.
Court: Madhya Pradesh
Decided on: Aug-24-2005
Reported in: II(2006)ACC589
A.M. Sapre, J.1. This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 16th April, 2002 passed in Claim Case No. 4/2001 by 3rd M.A.C.T., Ratlam (Camp. Jaora).2. By the impugned award, the Tribunal was pleased to allow the claim petition filed by the claimants and awarded a total sum of Rs. 3,78,000. However, apportioning the liability to the extent of 50% on the ground of contributory negligence, the compensation eventually payable by both Insurance Companies was Rs. 1,89,000 and accordingly and in consequence thereof an award was passed for a sum of Rs. 1,89,000 against the respondents i.e., non-applicants. It is this award which is sought to be challenged by the claimants before this Court in this appeal.3. Facts in brief are these:In the mid-night of 2nd September, 2000, Poonamchand who was driver of bus bearing No. MP-43-F-0011 while driving this vehicle dashed with a stationary vehicle truck bearing No. UP-78-T-2752. This led t...
Ramesh and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-23-2005
Reported in: 2006CriLJ364
S.L. Jain, J.1. Appellants Rakesh alias Manohar and Kailash stand convicted for the offence punishable Under Section 376(2)(g) of the Indian Penal Code and each of them sentenced to rigorous imprisonment for 12 years with fine Rs. 5.000/-, in default whereof to undergo further simple imprisonment for 2 years by the impugried judgment and order dated 31-11-2000, passed by Addl. Sessions . Judge, Mhow, Distt. Indore.2. Prosecution case in brief is that in the intervening night of 20th and 21st of June, 2000, some quarrel took place between the parents of the prosecutrix. Because of this quarrel, mother of the prosecutrix left her home. Her father went in search of the mother of the prosecutrix. When Nanuram the father of the prosecutrix returned at 6.00 a.m., he found his daughter Anita, the prosecutrix, in semi-conscious condition. Prosecutrix Anita informed her father that in the night appellants took her near the field and both of them committed rape on her. Nanuram along with his dau...
ideal Steel Rollers Pvt. Ltd. Vs. Additional Commissioner of Commercia ...
Court: Madhya Pradesh
Decided on: Aug-23-2005
Reported in: [2006]144STC174(MP)
ORDERA.M. Sapre, J.1. By filing this writ under article 226/227 of the Constitution of India, the petitioner seeks to challenge the order dated April 28, 1998 (annexure D), passed by the Additional Commissioner, Commercial Tax, Indore, in revision filed by the petitioner being Revision No. 155/Indore/2/97/State which in turn confirms the order dated March 17, 1997 (annexure C) passed by the Additional Assistant Commissioner of Commercial Tax, Indore, as an assessing officer.2. The short question involved in this writ is, whether assessing officer was justified in the facts of this case to impose penalty of Rs. 1,07,754 on the petitioner for the assessment year April 1, 1993 to March 31, 1994? In other words, the question that arises for consideration in this petition is, whether any case for imposition of penalty is made out ?3. The petitioner is engaged in the business of manufacture and sale of steel items. During the assessment year in question (April 1, 1993 to March 31, 1994) the ...
Union of India (Uoi) Vs. Siddharth Tubes Ltd.
Court: Madhya Pradesh
Decided on: Aug-23-2005
Reported in: 2006(194)ELT144(MP)
ORDER1. This is an application made by the Commissioner of Central Excise and Customs, Indore, under Section 35H(1) of the Central Excise Act, 1944 praying this court to call for a reference to be answered by this court arising out of an order passed by the Tribunal on 16-3-2000 in Appeal No. E/1183/97-A along with another Appeal No. E/Misc./512/99-A (Ann. P/10 to the Paper-book) bearing Final Order No. 152/2000-A & Misc. Order No. 36/2000-A. The Tribunal partly allowed the appeal filed by the assessee and partly rejected it.2. It is against that part of the appeal which was decided against the Revenue and in favour of assessee, the Revenue has filed this reference application calling for the questions proposed for answer by this Court. One of the question that arose before the Tribunal was 'whether the fitting of the rubber/plastic ring could be included in the assessable value of the pipes and tubes manufactured by the assessee ?' This issue was answered against the Revenue and in fa...
Surya Pratap Singh Vs. Sitaliya and ors.
Court: Madhya Pradesh
Decided on: Aug-23-2005
Reported in: 2006ACJ1354
U.C. Maheshwari, J.1. Being aggrieved by the award dated 9.3.2000 passed by the Fifth Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 3 of 1999 the bus owner, appellant, has preferred this appeal under Section 173 of the Motor Vehicles Act for saddling liability against the insurer, respondent No. 6, as it was exonerated by the Tribunal.2. As per pleading of the claim application on dated 28.8.1998 the deceased Bhaiyalal was travelling from Mangawa to Rewa in the jeep bearing registration No. MP 17-A 3630. On reaching near to Ramnai Stone Mines at National Highway No. 7, the bus bearing registration No. MP 17-A 3636 driven by Rama Shankar Sen, respondent No. 5, in a rash and negligent manner came from the opposite direction and dashed the jeep. Resultantly the jeep fell down in the mines in which water was stored. Not only the jeep was damaged but said Bhaiyalal also died in this accident. On information an offence was registered at Police Station, Rampur Karchuliyan after hol...
Morena Re-rolling and Industrial Development Co. Pvt. Ltd. Vs. M.P. Fi ...
Court: Madhya Pradesh
Decided on: Aug-23-2005
Reported in: AIR2006MP118; 2005(4)MPLJ494
ORDERP.K. Jaiswal, J.1. The question arises for consideration in this case is whether the Financial Corporations setup under Section 3 of the State Financial Corporation Act (hereinafter referred as 'the Act') is entitled to take recourse to the remedy available to it under Section 29 of the Act even after having obtained an order or a decree after invoking the provisions of Section 31 of the Act. During the pendency of appeal filed by the petitioner against the order passed under Section 31 of the Act, but without executing that decree or order? and whether Madhya Pradesh Financial Corporation Limited (hereinafter 'M. P. F. C.') acted in a bona fide manner in sale of the properties of the petitioner in exercising its right under Section 29 of the State Financial Corporations Act, 1951.2. Petitioner M/s. Morena Re-rolling & Industrial Development Co. Pvt. Ltd. (hereinafter 'borrower') borrowed a sum of Rs. 9.42 Lacs out of total sanctioned term loan of Rs. 9.52 Lacs as per sanction let...
Abde Ali Vs. Jawahar Lal Nehru Krishi Vishwavidyalaya and ors.
Court: Madhya Pradesh
Decided on: Aug-23-2005
Reported in: [2005(107)FLR1129]
A.K. Shrivastava, J.1. By this petition filed under Articles 226 and 227 of the Constitution of India, petitioner has challenged the action of the respondents for not providing him pensionery benefits.The unfolded facts are that petitioner who was serving on the post of Upper Division Clerk in Jawaharlal Nehru Krishi Vishwavidyalaya was retired on 31.1.1985. Petitioner on his retirement was benefited by the Scheme of Contributory Provident Fund (for short CPF) and accordingly the amount of CPF was paid to him. Later on, the Board of Management in its 140lh Meeting held on 3.12.1994 with the concurrence of State Government, issued a circular/order dated. 31.12.1994 cancelling the earlier arrangement in order to benefit the employees of the said University and in place of payment of CPF it was directed to benefit the employees by pensionery benefits. In pursuance to the order Annexure-R. 2 dated 31.12.1994, an order Annexure-P.2 dated 9.12.1997 was issued by the University directing that...
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