Madhya Pradesh Court November 2006 Judgments
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Smt. Kunti Ahirwar and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-09-2006
Reported in: 2008ACJ2254; AIR2007MP82; 2007(1)MPLJ396
ORDERDipak Misra, J.1. Defensibility and acceptability of the award dated 29-3-2006 passed by the Third Motor Accident Claims Tribunal, Tikamgarh (for short 'the Tribunal') in Claim Case No. 110/2005 is the subject matter of assail in this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (for brevity 'the Act').2. The facts which are imperative to be exposited are that the legal representatives of the deceased, Baijnath initiated an action under Section 166 of the Act for grant of compensation for a sum of Rs. 12,70,390/- on the foundation that the said Baijnath who was working as an Assistant Grade-II in the Rural Engineering Services at Tikamgarh, met with a vehicular accident on 7-9-2003 while he was travelling on his motorcycle bearing registration No. 36-B-7318 and proceeding towards Lalitpur. He fell on the road as a result of which he sustained grievous injuries for which he availed treatment at a hospital at Gwalior and eventually he met his end on the same da...
Chetan Kumar Vs. Nathusingh
Court: Madhya Pradesh
Decided on: Nov-09-2006
Reported in: AIR2007MP31
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 6-7-2006 passed by Additional District Judge, Manasa in Civil Suit No. 1-B/2006 during the course of recording of statement, the present petition has been filed.2. Short facts of the case are that the petitioner filed a suit against the respondents on 20-6-2005 for realization of Rs. 2,96,400/- alleging that respondent took a loan of Rs. 2,32,700/- on 19-6-2002 and executed the promissory note in favour of the petitioner, which is duly signed by the witnesses. Further case of the petitioner was that the amount was payable along with interest on demand. It was alleged that in spite of demand the amount was not paid. Hence, the suit was filed. Suit was contested by the respondents on various grounds including on the ground that the alleged document is not duly stamped. It was prayed that suit be dismissed.3. On the basis of pleadings of the parties, learned Trial Court framed the issues and fixed the case for evidence. During the co...
Prahalad Rai Vs. Shashi Kori and ors.
Court: Madhya Pradesh
Decided on: Nov-09-2006
Reported in: 2007ACJ2575
Dipak Misra, J.1. The owner appellant, aggrieved by the award dated 2.2.2001 passed in Claim Case No. 15 of 2000 by the Second Additional Motor Accidents Claims Tribunal, Shahdol (in short, 'the Tribunal') has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for brevity, 'the Act').2. The facts which are essential to be stated are that the respondent Nos. 1 to 3 as claimants preferred the application for grant of compensation of Rs. 24,30,000 before the Tribunal for the death of Kailash Prasad Kori, the husband of the respondent No. 1 and father of respondent No. 3 and son of respondent No. 2 on the ground that he died in a vehicular accident on 16.3.99, while he was working as a cleaner in the vehicle bearing registration No. MP 020-D 0953. It was urged before the Tribunal that he was aged about 24 years and was getting Rs. 2,800 from the job of the cleaner and doing the work of carpenter and contributing Rs. 1,500 per month to the family. It was further urged ...
Madhukar Mahar Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-07-2006
Reported in: 2007(2)MPHT252
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner, a former employee of the Ordnance Factory, Khamaria has called in question the tenability of the order, dated 12-2-2002 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (in short 'the Tribunal').2. The facts which are requisite to be stated for adjudication of the writ petition are that the petitioner was while working in the Ordnance Factory, Khamaria was found in a drunken state in the working hours. In addition, he was also playing truant and remaining absent from duties. Be it noted, the petitioner was working as 'Durwan' in the Ordnance Factory, Khamaria. Because of this situation a disciplinary proceeding was initiated against him and a charge-sheet was served on him. After the charge-sheet was served, the delinquent employee filed his show-cause admitting the charges levelled against him. On the basis of the ...
Smt. Kapori Devi and ors. and Munna Singh and ors. Vs. Bidharam Koli a ...
Court: Madhya Pradesh
Decided on: Nov-04-2006
Reported in: 2008ACJ466; 2007(2)MPHT365; 2007(1)MPLJ302
ORDERP.K. Jaiswal, J.1. This order shall also govern disposal of M.A. No. 179/2001 Munna Singh and Ors. v. Bidharam Koli and Ors. Both the appeals under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') arise out of a common award dated 22-3-2000 passed under Section 168 of the Act by the Sixth Additional Motor Accident Claims Tribunal Gwalior (in short 'Tribunal') directing payment of compensation of Rs. 4,97,440/- in Claim Case No. 34/98 and Rs. 2,74,000/- in Claim Case No. 36/98.2. Facts giving rise to these appeals are thus:On 20-7-1998 at about 8:00 PM the deceased Hannu Kushwaha, who was working as Gangman was waiting for a bus at Jalalpur Square. At that time, an Auto bearing registration No. M.P. 07 A-1418 driven by Pawan Lodhi came and deceased have fixed the fare and sat in the Auto. When the Auto reached near Sharma Farm, Sanvida Gas Go-down, Gwalior at 8:30 PM at that time Tanker owned by respondent No. 2 bearing registration No. C.P.G. 4595 coming from Gole ...
Anil Rathi Vs. Mahalaxmi Film Distributors
Court: Madhya Pradesh
Decided on: Nov-04-2006
Reported in: III(2007)BC269
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 27-3-2006 passed by II ADJ, Indore in execution case No. 6/2003 whereby the application filed by the petitioner for review of the order dated 5-10-2005 was dismissed and the order of warrant was issued for compliance of the order dated 16 4-2005 whereby the petitioner was sent to jail for a period of one month, the present petition has been filed.2. Short facts of the case are that petitioner is Proprietor of M/s. Shree Ganesh Products. There was an award against the petitioner for a sum of Rs. 14 lacs along with interest @ 24% per annum with effect from 6-4-1996. It is submitted that execution petition was filed against the petitioner for realization of Rs. 36,89,375/- together with interest. During the pendency of the execution proceedings, the respondent filed an application under Order XXI, Rule 37. CPC. wherein it was prayed that since the petitioner is not paying the decreetal amount, therefore, petitioner be sent to civil j...
Smt. Bhagwati Bai and anr. Vs. Bablu @ Mukund and ors.
Court: Madhya Pradesh
Decided on: Nov-04-2006
Reported in: 2007ACJ682; AIR2007MP38; [2007(2)JCR115(MP)]; 2006(4)MPLJ5
ORDERA.K. Patnaik, C.J.1. This is a reference made by the Division Bench of this Court to the Full Bench in a motor accident claims appeal.2. The background facts in which the reference has made, are that prior to the accident, Pancham Singh was a driver working in the Madhya Pradesh State Road Transport Corporation. On 29-9-1998 Pancham Singh while going towards his house in the noon, was hit by a Bajaj M-80 two wheeler bearing MP 07-Y/4003 driven by the respondent No. 1, owned by the respondent No. 2 and insured with the respondent No. 3. Pancham Singh filed a claim case under Section 166 of the Motor Vehicles Act, 1988, on 1-4-1999 before the 1st Additional Motor Accident Claims Tribunal, Gwalior, which was subsequently numbered as Claim Case No. 33/2002, alleging that as a result of rash and negligent driving of the said two wheeler by the respondent No. 1, he suffered fracture in the knee of the right foot and wrist of the left hand and he was admitted in the hospital and had to u...
Union of India (Uoi) and ors. Vs. Hariom
Court: Madhya Pradesh
Decided on: Nov-02-2006
Reported in: 2007(2)MPHT373; 2007(1)MPLJ362
ORDERA.K. Patnaik, C.J.1. This is a petition under Article 227 of the Constitution of India against the order dated 9th December, 2000 passed by Central Administrative Tribunal, Jabalpur Bench in O.A. No. 469 of 1994.2. The facts briefly stated, are that the respondent Hariom was employed in temporary capacity in B.S.F. Academy, Tekanpur on 16-12-1984. He was arrested in connection with the theft of one Rifle by the Police on 24-6-1985. Since he had not disclosed about the pendency of the aforesaid criminal case at the time of his appointment, his services were terminated by the Director of the B.S.F. Academy on 16-8-1995 under Rule 5(1) of the Central Civil Services (Temporary Services) Rules, 1965. Aggrieved by the said order dated 16-8-1985 terminating his services, respondent filed an O.A. No. 296 of 1988 before Central Administrative Tribunal, Jabalpur Bench and after hearing parties, the Tribunal set-aside the order of termination by its order dated 18-8-1989 and directed the pet...
State of M.P. and ors. Vs. M.S. Wakankar and anr.
Court: Madhya Pradesh
Decided on: Nov-02-2006
Reported in: 2007(1)MPLJ99
ORDERA.K. Patnaik, C.J.1. In this petition, the petitioners have challenged the order dated 29-9-2001 passed by the M.P. Administrative Tribunal, Gwalior Bench, in O. A. No. 395/94.2. Brief facts of the case are that the respondent No. 1 was originally inducted in Government service in the year 1957 in the office of the I.G. Municipality and after abolition of the office of the I.G. Municipality, he was taken into service of the Collectorate, Ujjain as a Lower Division Clerk. He was posted as Lower Division Clerk in the Land Records & Settlement at Gwalior and thereafter was promoted to the post of Assistant. By order dated 4-3-94, the respondent was compulsorily retired under F.R. 56 (3). Aggrieved by the said order, the respondent filed O.A. No. 395/94 before the M.P. Administrative Tribunal, Gwalior Bench. By the impugned order dated 29-9-2001, the Tribunal quashed the order of compulsory retirement dated 4-3-94 after holding that the Screening Committee considered the ACRs of the r...
Assistant Commissioner of Income Tax Vs. Shree Synthetics Ltd.
Court: Madhya Pradesh
Decided on: Nov-02-2006
Reported in: [2008]303ITR106(MP)
ORDERS.K. Kulshrestha, J.1. Both the above appeals have been filed under Section 260A of the IT Act, 1961, against the order of the Tribunal in ITA Nos. 990/Ind/1995, dt. 22nd Nov., 2002 for the asst. yr. 1992-93 and 746/Ind/1997, dt. 4th April, 2003 for the asst. yr. 1993-94. The questions formulated in IT Appeal No. 34 of 2003 read as under:(1) Whether, the Tribunal was justified in allowing the assessee to claim a deduction of Rs. 33,14,000 on account of an interest said to be payable to bank SBICI when no such liability accrued during the assessment year in question nor any such provision meeting with that liability was provided in the books of account ?(2) Whether, a sum of Rs. 33,14,000 claimed by the assessee by way of deduction in his total income for the assessment year in question can be disallowed by taking recourse to Section 14A of IT Act ?(3) Whether, assessee is entitled to claim a deduction of Rs. 33,14,000 in the assessment year in question as business expenditure with...
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