Madhya Pradesh Court July 2006 Judgments
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Kashi Bai Vs. Sundarlal Vaidh and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2006
Reported in: AIR2007MP112; 2007(1)MPLJ359
ORDERRajendra Menon, J.1. Challenging a order, Annexure P/1 dated 3rd January 2006 passed by the Court of the Third Civil Judge, Class-II, Vidisha in civil suit No. 36-A oP2006 rejecting an application filed by the petitioner for grant of temporary injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as CPC) on the ground that the application is not maintainable as it is hit by the principles of res judicata petitioner has filed this petition.2. Petitioner herein has filed the suit in question for declaration of title, possession and permanent injunction with regard to a plot measuring 60 feet x 60 feet situated in Luhangi Mohalla, Vidisha. The original suit was filed by Kashi Baj who has since expired and the present petitioner is pursuing the suit as legal heir of the deceased, Kashi Bai. Initially, an application for injunction under Order XXXIX, Rules 1 and 2, CPC was filed in the suit and the respondent No. 1 filed reply to the said a...
Smt. Asha Patwa Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2006
Reported in: 2006(4)MPLJ162
Abhay Gohil, J.1. Petitioner has filed this Probono Publico petition in the larger public interest for ensuring the compliance of rules framed by the Bar Council of India from time to time in the Govt. Nehru Degree Law College, Ashok Nagar, M.P.2 In nutshell it is contended that there is Nehru Degree Law College at Ashok Nagar, which is being run by Jan Bhagidari Samiti and the Government is trying to appoint law teachers in Govt. Nehru Degree College as guest faculty teachers in violation of the rules framed by Bar Council of India without caring the standard of education in the field of law, whereas as per rules framed by the Bar Council of India are binding upon the respondents for running the law college. The Government vide circular dt. 28-3-2001, the Government has prepared a self financing scheme for settling ratio of teachers and students and on the basis of the aforesaid scheme the College is being managed by the respondents from the funds of self financing scheme and it is fu...
New India Assurance Co. Ltd. Vs. Pramila and ors.
Court: Madhya Pradesh
Decided on: Jul-10-2006
Reported in: IV(2006)ACC114; 2007ACJ2840
A.M. Sapre, J.1. This is an appeal filed by insurance company (non-applicant No. 3) under Section 173 of the Motor Vehicles Act, against an award dated 6.5.2005 passed by learned Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 1 of 2003. By impugned award, the Claims Tribunal allowed the claim petition of the claimants (respondent Nos. 1 to 4 herein) and awarded a total sum of Rs. 20,70,000 towards compensation for the death of one Rajendra, aged around 40 years and who died in vehicular accident. According to insurance company (appellant herein), the learned Member of Claims Tribunal erred in determining the compensation payable to claimants to the extent of Rs. 20,70,000. It is according to them on much higher side and being excessive in nature, deserves to be reduced so as to make it a just and reasonable one. According to the insurance company, they have obtained the requisite permission as contemplated under Section 170 of the Motor Vehicles Act from the Tribunal...
Gwalior Sugar Co. Ltd. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-06-2006
Reported in: 2006(3)MPLJ433; (2008)16VST591(MP)
ORDERA.K. Patnaik, C.J.1. The petitioners in this batch of writ petitions are all owners of factories in the State of Madhya Pradesh and purchase sugar cane from cane growers or co-operative societies of cane growers for use as raw materials in their factories. Their case in the writ petitions is that the purchase of sugar cane by factories in the State of M.P. is regulated by the M.P. Sugar Cane (Regulation of Supply and Purchase) Act, 1958 made by the State Legislature of Madhya Pradesh (for short 'the Sugar Cane Act') and by the Sugar Cane (Control) Order, 1966 made by the Central Government under Section 3 of the Essential Commodities Act, 1955 and that the M.P. Krishi Upaj Mandi Adhiniyam, 1972 which regulates the buying and selling of agricultural produce in the markets in the State of M.P. (for short 'the Market Act') does not apply to the purchases of sugar cane made for factories in the State of M.P. and accordingly, no fees under the Market Act can be levied on the purchases ...
Sweta Vs. Raju Mandloi and ors.
Court: Madhya Pradesh
Decided on: Jul-06-2006
Reported in: 2007(1)MPLJ1419
Dipak Misra, J.1. In the case of R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. 1995 ACJ 366 (SC), a two-Judge Bench of the Supreme Court while dealing with the concept of pecuniary and non-pecuniary damages and what constitutes the same in para 9 expressed the view as under:(9) Broadly speaking, while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money; whereas the non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant: (i) medical attendance; (ii) loss of earning of profit up to the date of trial; and (iii) other material loss. So far as non-pecuniary damages are concerned, they may include: (i) damages for mental...
Eicher Motors Ltd. Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Jul-06-2006
Reported in: [2009]315ITR312(MP)
ORDERA.M. Sapre, J.1. This is an IT reference made under Section 256(1) of the IT Act to this Court at the instance of assessee by the Tribunal to answer following questions of law said to arise out of the order passed by the Tribunal, dt. 31st Aug., 1998, in ITA No. 65/Ind/1994:1. Whether, on the facts and circumstances of the case, the Tribunal erred in law in not holding the appellant entitled to deduction of funded interest amounting to Rs. 2,89,61,025 under Section 43B of the IT Act ('the Act')?2. Whether, on the facts and circumstances of the case, the Tribunal erred in law in not holding that by funding of interest whereby the outstanding interest got converted into principal amount of loan, the outstanding interest was actually paid in terms of Section 43B of the Act?3. Whether, on the facts and circumstances of the case, the Tribunal erred in law in not holding that the outstanding interest liability having been funded on 25th Oct., 1989, the actual payment thereof took place ...
Harishchandra and anr. Vs. Satendra Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-06-2006
Reported in: IV(2006)ACC737
Abhay Gohil, J.1. This is claimants' appeal for enhancement of compensation under Section 173 of the Motor Vehicles Act, against the order dated 6.3.2006 passed by the Fifth Motor Accidents Claims Tribunal in Claim Case No. 37 of 2000.2. Brief facts of the case are that on 6.2.2002 at about 10.30 in the night Amit Kumar was going on his own scooter No. MP 07-N 3383 from Gwalior to Morar. Sanjay Apreja was sitting as a pillion rider on the said scooter. When they reached near Simmco Factory, one truck bearing No. MP 06-E 1256 was coming from opposite side. Truck was being driven rashly and negligently. Truck came towards the wrong side and hit the scooter. Deceased received injuries and he died. Pillion rider Sanjay Apreja also received injuries. Crime was registered, matter was investigated and charge-sheet was filed. Claimants also filed petition for compensation under the Motor Vehicles Act. Tribunal awarded a compensation of Rs. 1,22,000 for the death of deceased Amit Kumar, against...
Sohan Bai and ors. Vs. Radhey Shyam and ors.
Court: Madhya Pradesh
Decided on: Jul-05-2006
Reported in: 2007ACJ2530
A.M. Sapre, J.1. This is an appeal filed by claimants under Section 173 of Motor Vehicles Act (hereinafter referred to as 'the Act') against an award dated 28.10.2003, passed by learned Fourth Motor Accidents Claims Tribunal, Indore in Claim Case No. 75 of 2001. By impugned award, the Claims Tribunal has partly allowed the claim petition of claimants and awarded a total sum of Rs. 1,37,000 to the claimants for the death of one Kalu Ram. However, while passing the award in favour of the claimants, the Tribunal exonerated the two insurance companies (non-applicant Nos. 3 and 4) from the liability who were insurer of two vehicles involved in the accident. It is against this award, the claimant has filed this appeal. So, two questions arise for consideration in this appeal. First, whether Claims Tribunal was justified in exonerating both the insurance companies from the liability? And second, whether Tribunal was justified in awarding a sum of Rs. 1,37,000 to the claimants and if not, whet...
Pavitra Bai and ors. Vs. Kanti Lal and anr.
Court: Madhya Pradesh
Decided on: Jul-05-2006
Reported in: III(2006)ACC427
ORDER1. This is an appeal filed by the claimants under Section 30 for the Workmen's Compensation Act (for brevity hereinafter referred to as 'the Act') against an award, dated 29.1.2003, passed by Commissioner, Workmen's Compensation, District Dewas in Case No. 2/WCF/2002. By impugned award, the Commissioner, Workmen's Compensation (Labour Court, District Dewas) has partly allowed the application made by claimants (appellants) under Section 10 of the Act and awarded compensation of Rs. 3,17,685 to claimants for the death of one Nand Kishore. However, while passing the award, the Commissioner exonerated the Insurance Company (non-applicant No. 2)/respondent No. 2 from the liability arising out of the accident. It is against this award, the claimants have filed this appeal under Section 30 of the Act. So, the question that arises for consideration in this appeal is, whether Commissioner was justified in awarding a total compensation of Rs. 3,17,685 to the claimants for the death of one N...
Madanlal Vs. Surjeet Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-05-2006
Reported in: IV(2006)ACC334
A.M. Sapre, J.1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act (hereinafter for brevity called 'The Act') against an award, dated 9th September, 2004 passed by learned 7th Motor Accident Claims Tribunal, Indore in Claim Case No. 271 of 2003. By impugned award, the learned Member of Claims Tribunal has partly allowed the claim petition of claimants and has accordingly awarded a total compensation of Rs. 3, 60,000 to the claimants for the injuries sustained by him in the accident. However, the Tribunal has held that claimant was equally responsible for causing the accident in question to the extent of 50% and hence, applying the principle of contributory negligence, reduced the compensation to the extent of 50% i.e. Rs. 2,35,000/-. It is against this award, the claimant has come up in appeal of intending that firstly the Tribunal erred in holding claimant to be responsible for causing the accident much less to the extent of 50% and secondly, what is ...
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