Madhya Pradesh Court September 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Union of India (Uoi) Vs. Hind Syntex Ltd.
Court: Madhya Pradesh
Decided on: Sep-16-2005
Reported in: 2006(199)ELT771(MP)
ORDER1. This is an application made by the Revenue (Commissioner of Central Excise and Customs) under Section 35(H)(I) of Central Excise Act, 1944 for calling reference on the questions proposed by them from the Tribunal which according to the applicant arise out of the order dated 23-3-2000, passed by the Tribunal in Appeal No. E/1847/99-NB (DB) and Order No. A/310/2000-NB(DB). Following questions are proposed by the applicant for being called from the Tribunal:(i) Whether under the facts and circumstances the finding of the first authority i.e. Adjudicating Authority can be disturbed by the appellate authority without appreciating the evidence put forth before the first authority ?(ii) When the CEGAT in its earlier judgment has already held that Modvat credit is not permissible on the endorsed invoices in view of provisions of Rule 57G, is tribunal justified in taking a different stand in above order ?(iii) When the respondent No. 1 had not claimed the Modvat on the basis of dealers ...
Dheerendra Singh Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-16-2005
Reported in: 2006(3)MPHT48
ORDERDipak Misra, J.1. Professional Examination Board, Bhopal, the respondent No. 2 herein, published an advertisement for selection for Pre-Medical Test, 2004 for State Health Services in the newspaper daily, namely Dainik Bhaskar as per Annexure P-3. In pursuance of the aforesaid advertisement, the petitioner submitted his application with requisite fees and was eligible to participate in the examination. He was issued admit card. As set forth, he appeared in the written examination and his results were declared indicating that he has secured 176.15 marks out of total marks of 200. The counselling took place on 28-7-2004 for the unreserved seats. As per the programme of counselling, the petitioner went to Bhopal with essential documents, which included certificate of domicile in the State (District Satna). The said certificate was issued by the Tehsildar, Nagod, District Satna as per Annexure P-5. The certificate clearly showed that the petitioner's birth place was District Satna and...
Sanjay and anr. Vs. Akhilesh and anr.
Court: Madhya Pradesh
Decided on: Sep-16-2005
Reported in: 2007ACJ771
N.K. Mody, J.1. This order shall also govern the disposal of M.A. No. 757 of 1998. Being aggrieved by the award dated 28.4.1998 passed by the M.A.C.T., West Nimar, Mandleshwar in Claim Case No. 36 of 1996, the present appeal and M.A. No. 757 of 1998 has been filed.2. Short facts of the case are that the accident took place on 20.10.1995 by a scooter bearing registration No. MP 10-B 4900. The scooter was being driven by Naveen, appellant No. 2, was owned by Sanjay, appellant No. 1 and insured with insurance company, respondent No. 2.3. Due to the accident respondent No. 1, who was aged 12 years at the time of accident sustained fracture in his right leg of tibia bone and fracture of femur bone in left leg. Respondent No. 1 was hospitalised. Claim petition was filed by respondent No. 1, which was registered as Claim Case No. 36 of 1996, in which the insurance company, respondent No. 2, herein opposed the claim on the ground that at the relevant time appellant No. 2 was not possessing a v...
Sanjay and anr. Vs. Akhlesh and anr.
Court: Madhya Pradesh
Decided on: Sep-16-2005
Reported in: I(2006)ACC695
N.K. Mody, J.1. This order shall also govern the disposal of M.A. No. 757/98. Being aggrieved by the award dated 28.4.1998 passed by MACT, West Nimar, Mandleshwar in Claim Case No. 36/96, the present appeal and MA No. 757/98 has been filed.2. Short facts of the case are that the accident took place on 20.10.1995 by a scooter bearing registration No. MP-10B-4900. The scoter was being driven by appellant No. 2, Naveen, owned by appellant No. 1, Sanjay and was insured with respondent No. 2, Insurance Company.3. Due to the accident respondent No. 1, who was aged 12 years at the time of accident sustained fracture in his right leg of tibia bone and fracture of femur bone in left leg. Respondent No. 1 was hospitalized. Claim petition was filed by respondent No. 1, which was registered as Claim Case No. 36/96, in which the Insurance Company, respondent No. 2, herein opposed the claim on the ground that at the relevant time appellant No. 2 was not possessing the valid driving licence.4. On the...
Hariom Lokhande Vs. M.P. State Electricity Board
Court: Madhya Pradesh
Decided on: Sep-15-2005
Reported in: 2005(4)MPHT381; 2006(1)MPLJ156
ORDERA.K. Saxena, J.1. A short point arises for consideration whether an accused against whom a bailable warrant issued upon filing of the complaint or charge-sheet, can he be released on anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), depending upon the merits of the case.2. The short facts of the case are that the application under Section 438 of the Code was filed by the applicant Hariom Lokhande before the Sessions Court on this ground that a complaint case has been filed on behalf of M.P.E.B. under Section 135 read with Section 154 of the Electricity Act, 2003 in the Court of Judicial Magistrate First Class, Betul and on filing of this complaint, the Judicial Magistrate First Class, Betul issued a bailable warrant against this applicant. The application for anticipatory bail was pending in the Court of Second Additional Sessions Judge, Betul, who was appointed as Special Judge under Section 153 of Electricity Act, 2003...
Ram Pukar Singh Vs. Bhimsen and anr.
Court: Madhya Pradesh
Decided on: Sep-15-2005
Reported in: 2006(2)MPHT153; 2006(1)MPLJ381
Abhay M. Naik, J.1. Appeal is heard on the following substantial question of law :-Whether the Courts below erred in decreeing the suit for eviction under Section 12(1)(f) of the M.P. Accommodation Control Act, particularly when the plaintiff/respondents failed to prove that they are owner of the suit house ?2. Short facts giving rise to the present appeal are that the plaintiff/respondent instituted a suit for eviction and recovery of arrears of rent against defendant/appellant in respect of the suit premises comprised in Survey No. 83/1 situated in Municipal Ward No. 10 of Sidhi, Amha. It is pleaded in the plaint that the suit house is owned by the plaintiff/respondent No. 1 who has been unwell physically and mentally for last number of years and due to this the suit house is being lookedafter by the plaintiff/respondent No. 2 being his wife. It is further pleaded that the suit house was let out to the defendant by the plaintiffs @ Rs. 100 per month as rent. Some 15 years before the ...
Cit Vs. Patel and Co.
Court: Madhya Pradesh
Decided on: Sep-15-2005
Reported in: [2006]154TAXMAN545(MP)
ORDERThis is an appeal filed by the revenue (Commissioner of Income Tax) under section 260A of the Income Tax Act against an order, dated 20-2-2004, passed by Tribunal in I.T.A. No. 828/Ind/97 and I.T.A. No. 466/ Ind/97.2. The question that arises for consideration in this appeal is : whether appeal involves any substantial question of law within the meaning of section 260A of the Act ?3. Heard Shri R.L. Jain, learned senior counsel with Ku. V. Mandlik, learned counsel for the appellant.4. Having heard learned counsel for the appellant and having perused record of the case, we are of the opinion that appeal does not involve any question of law much less substantial question of law within the meaning of section 260A ibid and hence, the appeal has no merit rendering its dismissal in limine.5. For the assessment year in question i.e., 1993-94 the issue arose in assessment proceedings regarding some cash credit entries standing in the name of Rajendra Kumar. It is this question namely, whe...
Sundarbai and anr. Vs. Laxminarayan and ors.
Court: Madhya Pradesh
Decided on: Sep-14-2005
Reported in: II(2006)ACC99; 2007ACJ255
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 20.12.2000 passed by the Second Motor Accidents Claims Tribunal, Neemuch in Claim Case No. 52 of 1999, whereby the claim petition filed by the appellants has been dismissed, the present appeal has been filed.2. Short facts of the case are that on 4.2.1998 deceased Premchand was returning from Mandsaur after attending the rally by bus No. MP 14-A 4877. This bus was owned by respondent No. 1, driven by respondent No. 2 and insured with respondent No. 4. Premchand was sitting on the roof of the bus and because of electric current, he died. The claim petition was filed by the appellants who are wife and father of deceased.3. The claim petition was opposed by the respondents. Respondent Nos. 1 to 3 submitted the written statements, wherein it was alleged that offending vehicle was insured with respondent No. 4. It is alleged that bus was being driven by respondent No. 2. It is not known in what circumst...
Minaxi and ors. Vs. Deepesh Kumar and ors.
Court: Madhya Pradesh
Decided on: Sep-14-2005
Reported in: I(2006)ACC125; 2007ACJ92
Ashok Kumar Tiwari, J.1. This appeal has been filed by the claimants-appellants under Section 173 of Motor Vehicles Act, 1988 (in short, 'the Act'), for enhancement of the sum awarded to them vide award dated 19.3.2001, passed by learned First Additional Member, Motor Accidents Claims Tribunal, Dhar (MP) in Claim Case No. 43 of 2000.2. On 8.7.1997 the deceased Govind was driving the passenger bus of Aashish Travels, bearing registration No. MP 09-S 1080. The said bus used to ply between Manawar and Indore and at the time of accident it was going towards Indore. The said bus was being driven by deceased Govind as the driver of the bus. He was driving the bus quite cautiously at a controlled speed, observing the relevant traffic rules. In between Marol and Bondwara a mini truck bearing registration No. MP 09-KA 5634 driven by its driver rashly and negligently dashed violently against the aforesaid bus. Due to the accident deceased Govind sustained injuries on head, abdomen and legs. He w...
Balkunwar Bai Vs. Baldev Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-14-2005
Reported in: II(2006)ACC74
ORDERN.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 19.1.2001 passed by MACT, Neemuch in Claim Case No. 48/1999, whereby a sum of Rs. 2,61,000 has been awarded along with interest @ 12% per annum the present appeal has been filed.2. Short facts of the case are that accident took place on 15.9.1996, wherein the son of the appellant aged 30 years passed away. Claim petition was filed by the appellant and father of the deceased, which was numbered as 48/99. During pendency of the claim petition, the father of the deceased also passed away. Mother of the deceased who is appellant herein prosecuted the appeal. In the claim petition, h award was passed for a sum of Rs. 2,61,000. Breakup of which is as under:Towards loss of dependency : Rs. 2,34,000Towards mental pain and sufferings : Rs. 10,000Towards medical expenses : Rs. 18,000Towards funeral expenses : Rs. 2,0003. It is submitted that income of the deceased was Rs. 4,000 as he was a bus driver. I...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- Next ›
- Last »