Madhya Pradesh Court March 2006 Judgments
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Associated Printers and Publishers (Mp) (P) Ltd. Vs. Commissioner of W ...
Court: Madhya Pradesh
Decided on: Mar-22-2006
Reported in: (2006)202CTR(MP)313
ORDERA.M. Sapre, J.1. Heard on LA. No. 482 of 2006, filed by appellant seeking condonation of delay in filing appeal is allowed. Delay in filing appeal is condoned.2. This is an appeal by the assessee under Section 27A of the WT Act against an order, dt. 17th June, 2005, passed by learned Income-tax Appellate Tribunal, Indore (hereinafter for brevity referred to as Tribunal), in WTA No. 1/Ind/2005.3. The assessee is a private limited company engaged in the business of printing and sale of newspaper. A question arose during the asst. yr. 1998-99, before the WT authorities as to whether a property (building) let out by the assessee to tenant can be included in the net wealth of assessee for the purpose of determining the net value of the assets under the WT Act. Though, the assessee objected to the inclusion of this asset, i.e., let out property, the AO, CWT(A) and lastly, the Tribunal held against the assessee. In other words, rejecting the contention of assessee, all the three authorit...
Shri Mahesh Kumar Sarate S/O Shri Phool Chand Sarate Vs. Madhya Prades ...
Court: Madhya Pradesh
Decided on: Mar-21-2006
Reported in: 2006(3)MPLJ538
ORDERA.K. Shrivastava, J.1. By this petition under Article 226 of the Constitution of India, the petitioner is challenging the validity of impugned order annexure P/2 dated 16.12.1998 by which his services have been terminated by respondent No. 1. 2. In brief the case of petitioner is that vide order dated 7.8.1998 he was appointed on the post of LDC in the pay-scale of Rs. 1800/- per month. The services were contractual in nature and he was appointed for one year and a contract was also executed in that regard. However, all of a sudden, vide impugned order dated 16.12.1998 his services have been terminated on the ground that they are no longer required. The contention of learned Counsel for the petitioner is that the action of respondent No. 1 terminating the services of petitioner runs dehors to the guarantee provided to the citizen under Articles 14 and 16 of the Constitution of India. By inviting my attention to certain documents, it has been submitted that the employees who are ju...
Gafoor Khan Vs. Sultan Jehan Deceased Through L.Rs. Rajamiya and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2006
Reported in: 2006(3)MPLJ112
S.K. Gangele, J.1. Plaintiff-appellant has filed appeal against the judgment and decree dated 5-8-1994 passed by the Additional Judge to the Court of District Judge, Narsinghgarh, in Civil Appeal No. 38-A/93 affirming the judgment and decree dated 30-3-1993 passed by the Civil Judge Class I, Narsinghgarh, in Civil Suit No. 10- A/78.2. This appeal was admitted vide order dated 24-7-1996 on the following substantial questions of law:(1) Whether the two Courts below erred in law in holding that the appellant-plaintiff has not perfected his title to the suit land by adverse possession even when it was admitted by the defendant that the plaintiff has been in unlawful and continuous possession for more than 12 years preceding the filing of the suit ?(2) Whether under the facts and circumstances of the case, the defendant's counter claim for possession could not be decreed being barred by law of limitation and no advantage of Section 14 of the Limitation Act could be availed to the defendant ...
P.K. Shukla Vs. Executive Engineer and ors.
Court: Madhya Pradesh
Decided on: Mar-14-2006
Reported in: 2007ACJ1
ORDERArun Mishra, J.1. In this petition petitioner has prayed for the relief for quashment of order (P-1) passed by the Executive Engineer or 1.5.1998 requiring the petitioner to deposit a sum of Rs. 90,338/-. which was paid by the State Government on account of death of a worker as per order passed by the Commissioner for Workmen's Compensation.2. Petitioner has submitted that petitioner is a contractor. On 14.5.1995 one labourer called Shiv Prasad Choudhary was working at Deoghat on Banganga river while repairing the bridge when he was pulling the pipe tied with a rope fell from the bridge and died on the spot Deceased was 19 years old receiving salary of Rs. 1170/- per month. A case was filed by the dependents of the deceased before Commissioner for Workmen's Compensation for grant of compensation on account of death of their son. Shri Dinesh Shukla who was power of attorney holder of the petitioner, was impleaded as party not the petitioner Shri P.K. Shukla. In certain construction...
Aaditya Khare Vs. Jamuna Prasad Kahar and Four ors.
Court: Madhya Pradesh
Decided on: Mar-14-2006
Reported in: 2007ACJ2085
ORDERS.L. Jain, J.1. Invoking the appellate jurisdiction of this Court under Section 173 of the Motor Vehicles Act, 1988 (henceforth the 'Act') non-applicant No. 1, Aaditya Khare has challenged the legality, validity, propriety and conectness of the award dated 20-2-1998, passed by IVth Additional Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 24/97.2. The facts of this case, as have been unfolded, in nutshell are that the respondents No. 1 to 3 have filed a petition under Section 106 of the Act stating that they are the legal representatives of deceased Sudama Prasad. On 26-7-91 doceased Sudama Presad along with his brother Shiv Kumar was going on feet by the side of the road on national highway No. 7. When he reached near village Baila, Brijendra Kumar, respondent No. 5 driving motor cycle No. MKA 4563 rashly and negligently came from the side of village Baila and dashed the same against him, Sudama Prasada sustained serious injuries and became unconscious. He was shifted t...
Bhagvantibai and ors. Vs. Dhansingh and ors.
Court: Madhya Pradesh
Decided on: Mar-14-2006
Reported in: III(2006)ACC516; 2007ACJ2345
ORDER1. This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 14.10.2004, passed by learned Member, Motor Accident Claims Tribunal, Shajapur, in Claim Case No. 17/2004. By impugned award, the Tribunal has awarded a total sum of Rs. 14,09,676 with interest to the claimants for the death of one Amarsingh, who died in vehicle accident. According to claimants, the compensation awarded is on a lower side and a hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in the appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so to what extent? And secondly whether Tribunal was justified in exonerating the Insurance Company from the liability?2. It is not necessary to narrate the entire facts in detail such as how the acc...
Devkabai Wd/O Ganpat and ors. Vs. Union of India (Uoi) Through General ...
Court: Madhya Pradesh
Decided on: Mar-14-2006
Reported in: 2007ACJ2380; 2006(4)MPLJ542
ORDERS.L. Jain, J.1. Invoking appellate jurisdiction of this Court under Section 23 of the Railway Claims Tribunal Act, 1977, (hereinafter referred to as, 'the Act' for short) the appellants have filed this appeal calling in question the legality, propriety, correctness and validity of the judgment dated 6-1-9, passed by Railway claims Tribunal, Bhopal in O.A. No. 57/97, dismissing the application filed by the appellants for compensation on account; of death of Ganput who is alleged to have died in an accident or in an untoward incident as defined under Sections 123 and 124A of the Act.2. The facts which led to filing of this appeal shortly narrated are that the claimants-appellants filed an application under the Act for a compensation of Rs. 2,00,000/- claiming themselves to he the legal representatives of deceased Ganpat who died while traveling in a train from Indore to Mhow.3. The case of the appellants before the claims Tribunal in short was that deceased Ganpat was a bona fide pa...
Kamlabai and ors. Vs. Sobansingh and ors.
Court: Madhya Pradesh
Decided on: Mar-14-2006
Reported in: 2007ACJ2149
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 10.8.2004, passed by Second Motor Accidents Claims Tribunal, Indore in the Claim Case No. 366 of 2002. By impugned award, the Tribunal has awarded a total sum of Rs. 2,80,000 with interest to the claimants for the death of one Rajesh, who died in vehicular accident. According to claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so to what extent and secondly, whether Tribunal was justified in exonerating the insurance company from liability.2. It is not necessary to narrate the entire facts in detail such as h...
Tara and anr. Vs. Sobansingh and ors.
Court: Madhya Pradesh
Decided on: Mar-14-2006
Reported in: 2007ACJ2739
A.M. Sapre and A.K. Tiwari, JJ.1. This is an appeal filed by the claimants under Section 173 of Motor Vehicles Act against an award dated 10.8.2004 passed by Second Motor Accidents Claims Tribunal, Indore in Claim Case No. 331 of 2002. By the impugned award, the Tribunal has awarded a total sum of Rs. 2,80,000 with interest to the claimants for the death of one Nitesh, who died in vehicular accident. According to claimants, the compensation awarded is on a lower side and hence, it needs to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence is made out in the compensation awarded and if so to what extent? And, secondly, whether the Tribunal was justified in exonerating the insurance company from the liability?2. It is not necessary to narrate the entire facts in detail such...
National Insurance Co. Ltd. Vs. Prema Bai and ors.
Court: Madhya Pradesh
Decided on: Mar-14-2006
Reported in: 2008ACJ452
P.K. Jaiswal, J.1. This appeal is filed by the appellant insurance company, challenging the award dated 6.8.2002 passed by the Motor Accidents Claims Tribunal, Morena in Claim Case No. 129 of 1998, whereby learned Tribunal held that the insurance company is liable to indemnify the award.2. Learned Counsel for the insurance company submitted that insurance company is not liable to indemnify the insured in the given facts of the case. The deceased was travelling in the trolley attached with the tractor. He was sitting on the trolley. On 16.5.1998 at about 6 a.m. deceased Rustam Singh was travelling in the tractor bearing registration No. MP 06-J 4395. No sooner the tractor reached near the village Bhadawali at Porsa-Ater Road, due to rash and negligent driving by the tractor driver, respondent No. 7, the tractor-trolley overturned. Due to the said accident, deceased was badly injured and died on the way to Porsa Hospital. The Claims Tribunal gave a finding that at the time of accident, t...
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