Madhya Pradesh Court January 2007 Judgments
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New India Assurance Co. Ltd. Vs. Vibha Sood and anr.
Court: Madhya Pradesh
Decided on: Jan-15-2007
Reported in: 2008ACJ1464
Dipak Misra, J.1. The Supreme Court while adverting to the concept of grant of compensation under the provisions of the Motor Vehicles Act, 1939 (for brevity 'the Act') in the case of R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. : [1995]1SCR75 , referred to the decision rendered in the case of Ward v. James (1965) 1 All ER 563, wherein it had been expressed as under:Although you cannot give a man so gravely injured much for his 'lost years', you can, however, compensate him for his loss during his shortened span, that is, during his expected 'years of survival'. You can compensate him for his loss of earnings during that time and for the cost of treatment, nursing and attendance. But how can you compensate him for being rendered a helpless invalid? He may, owing to the brain injury, be rendered unconscious for the rest of his days, or, owing to a back injury, be unable to rise from his bed. He has lost everything that makes life worthwhile. Money is no good to him. Yet Judges and ...
Jaynarayan and ors. Vs. Ashok Kumar Singhal and ors.
Court: Madhya Pradesh
Decided on: Jan-12-2007
Reported in: 2008ACJ2346
Rajendra Menon, J.1. This is claimants appeal under Section 173 of Motor Vehicles Act assailing the award dated 21.10.2002 passed by Fourth Additional Motor Accidents Claims Tribunal, Morena in Claim Case No. 158 of 2000.2. Claimants herein are the parents of the deceased one Rajesh alias Bablu, it is stated that deceased Rajesh on 10.2.2000 in the night at about 10.45 was travelling in Maruti car bearing No. MP 06-D 233 and was going from Morena to Gwalior. In the said Maruti car apart from the deceased three other friends of the deceased were travelling. Car was driven by Rajesh and when the car reached a place near Shrikrishna Hotel in A.B. Road and when the car was going in left hand side and was being parked a dumper bearing No. MP 20-G 3274 came from the opposite direction and dashed against Maruti car, as a result Rajesh and his friend one Satish died in the accident. Maruti car was driven by Rajesh and was insured by National Insurance Co. Ltd., respondent No. 2. Dumper was ins...
Commissioner of Income Tax Vs. Suresh Chand Goyal
Court: Madhya Pradesh
Decided on: Jan-11-2007
Reported in: (2007)209CTR(MP)410; [2008]298ITR277(MP); 2007(2)MPHT296; 2007(1)MPLJ478
1. This judgment shall govern the disposal of the aforesaid Misc. Appeals as the similar question is involved in all the aforesaid Misc. Appeals.2. Revenue has filed these appeals under Section 260A of the Income Tax Act aggrieved by a common order passed by I.T.A. Nos. 1979, 1980 and 1981/Del/1995, on 11-9-2002.3. Facts of the case are that the respondent has income from sale of property, agriculture income and income from sale of general goods in the name and style of M/s. Quality General Stores, Sadar Bazar, Guna. The respondent had been adopted by Smt. Mishri Bai and as the adoption matters were referred to the Court, she had decided to gift him some agricultural land vide gift deed dated 2-9-74. The dispute later on was cleared in favour of the respondent. The respondent thereafter took steps for getting this agricultural land received in gift to be diverted for non-agricultural purposes. This effort was started in 1982 and diversion order was received in 1986. Thereafter the land...
Brajesh Kumar Awasthi and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-10-2007
Reported in: AIR2007MP139; 2007(2)MPHT228; 2007(1)MPLJ369
ORDERDipak Misra, J.1. In this appeal preferred under Section 96 of the Code of Civil Procedure the defendants-appellants have called in question the defensibility of the judgment and decree passed by learned IInd Additional District Judge, Betul, in Civil Suit No. 3-A/1996.2. The facts which are essential to be stated are that Civil Suit No. 4-A/1986 was instituted by the defendants appellants (hereinafter referred to as 'the appellants') for declaration of right, title and interest in respect of the land situated at Khasra No. 336 admeasuring 1.197 hectare before the First Additional District Judge, Betul. The Court on the basis of compromise application dated 6-10-1990 as contained in Exh. P-6 filed by the parties passed the judgment and decree dated 30-10-1990 as per Exh. P-5. As per compromise, Exh. P-6, land bearing Khasra No. 955 admeasuring 4.56 acres at Village Tikari was to be transferred in favour of Brajesh Kumar, appellant No. 1 in exchange of land bearing Khasra Nos. 335 ...
Latori Chamar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-10-2007
Reported in: 2007(1)MPLJ405
Dipak Misra, J.1. The petitioner, the father of Tejabai, a minor, has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for issue of a writ in the nature of 'habeas corpus' for production of the said Tejabai in Court and for grant of exemplary compensation for her detention by the respondent No. 5, Moolchand, in an illegal manner.2. The facts which are necessitous to be exposited for adjudication of the case are that the petitioner is an illiterate villager of Village, Khakariya, Tehsil, Deori in the District of Sagar and belongs to Scheduled Caste. The respondent No. 6, Nirmal Panda, who is engaged in curing people by alternative method of treatment by reading 'Mantras' treated Tejabai who was suffering from headache and on the date of such visit he impressed upon the wife of the petitioner that Tejabai should marry Moolchand, son of Hariruia Chambar otherwise the family will pave on the path of ruination but the petitioner and his wif...
Mamta and Five ors. Vs. Ganesh and Two ors.
Court: Madhya Pradesh
Decided on: Jan-10-2007
Reported in: 2(2007)ACC379
ORDER1. This appeal is directed against the award dated 4.2.2006 of the 21st Additional Motor Accident Claims Tribunal, Indore, passed in Claim Case No. 106/2005 by which, on account of death of Mangat in an accident with a tractor, the Tribunal has awarded compensation of Rs. 4,40,000 as against the compensation of Rs. 10,00,000 claimed. Mangat was husband of appellant No. 1, father of appellant Nos. 2 to 5 and son of appellant No. 6. It was alleged that when on 3.6.2004, at about 2.00 p.m. deceased Mangat was coming to his house, as he reached Bhogava Road, Tractor No. MP 10 A 5279 collided with him, on account of rash and negligent driving of the said tractor by respondent No. 1 - Ganesh s/o Rajaram Bhil. The Tribunal, finding that the death had occurred on account of the said accident, proceeded to calculate the compensation awardable to the appellant. Though it was contended that Mangat was in receipt of Rs. 3,750 as salary, the Tribunal, on over all assessment of all facts and ci...
Smt. Rakhi Mishra Vs. Sanjay Mishra
Court: Madhya Pradesh
Decided on: Jan-08-2007
Reported in: 2007(2)MPLJ269
ORDERArun Mishra, J.1. This transfer application has been filed under Section 23(3) of the Civil Procedure Code for transfer of Case No. 65-A/05 pending before the 1st Addl. District Judge, Balaghat (M.P.) to Durg (Chhattisgarh).2. Respondent/husband has filed a petition under Section 13 of the Hindu Marriage Act for obtaining divorce which is pending in the Court of 1st Addl. District Judge, Balaghat. Marriage was performed on 29-4-98, out of the wedlock, a child, namely, Ku. Rani was born who is residing with the petitioner at Durg. Husband of petitioner is a Development Officer in LIC and posted at Balaghat. Petitioner reported the matter to the police and husband is being prosecuted under Section 498A of IPC at Durg. An application under Section 125, Cr.PC has also been filed, that is also pending at Durg. Petitioner is working as Shikshakarmi Grade III as such interim maintenance has not been awarded as she is in receipt of salary of Rs. 3,500/- per month.3. Transfer of the case h...
Diwan Jodharam, Contractor Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-05-2007
Reported in: 2007(3)ARBLR229(MP); 2007(2)MPLJ369
Arun Mishra, J.1. These appeals have been preferred by the contractor aggrieved by an order passed by the learned court below refusing to appoint an arbitrator on the ground that contractor had failed to resort to the Clause 63 of General Conditions of Contract, 1956 framed by the Engineering Department of Central Railway, thus, occasion to appoint an arbitrator did not arise.2. Facts are similar in these appeals, they are being reflected from MA No. 259/1996. An application was filed under Sections 8 and 20 of Arbitration Act, 1940 by the contractor-M/s. Diwan Jodharam. He had undertaken work of electrification on Khandwa-Harsood section, an agreement was entered into on 12.12.1989 pursuant to acceptance of tender. The work was to be completed by 21.05.1990, time was extended till 31.08.1991, after the aforesaid period a sum of Rs. 13,72,750.73 paise became due, out of which payment of Rs. 1,55,000 remained towards running and final bill. Several times request was made to prepare runn...
Noor Jahan Begum Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-05-2007
Reported in: 2007(2)CTLJ395(MP); 2007(2)MPLJ251
Abhay M. Naik, J.1. Facts in short involved herein are that one Mohd. Shameem Khan had purchased a truck (details are not on record) from Randhir Kumar Choudhary who was respondent No. 6 in the revision application decided vide Annexure P4. The consideration of the truck was paid with the aid of finance obtained from Jan Kalyan Shahkari Bank Ltd. (respondent No. 7 herein). The loan was not repaid to the bank by Mohd. Shameem Khan and consequently, the money was directed to be recovered by auction of the said vehicle.2. It is contended that in a surprisingly shocking manner the truck bearing Registration No. MP-20/G-0232 owned by the petitioner under a valid registration number was put to auction by the Special Recovery Officer (respondent No. 3) and was sold to the respondent Nos. 5 and 6 on 04.10.2001.3. Case of the petitioner is that she is the registered owner of the truck bearing Registration No. MP-20/G-0232 which was not liable to be auctioned in recovery proceedings against Mohd...
Choudhary Builders (P) Ltd. Vs. Principal Secretary, Union of India (U ...
Court: Madhya Pradesh
Decided on: Jan-04-2007
Reported in: 2007(3)MPLJ472
ORDERS.K. Seth, J.1. In this petition, the only point for consideration is whether, respondents were justified in issuing the commission in exercise of powers conferred by Section 131(1)(d) of the IT Act, 1961.2. Relevant facts in brief are as under. Petitioner company is builder and developer. In the course of its business, petitioner company constructed and developed a multi-storied building in Indore known as 'Chetak Chambers on the R.N. Marg. Construction of said building commenced in the year 1985 and was completed by March, 1994. It is the case of the petitioner, that all expenses and receipts were shown in the returns of income as the account books of relevant accounting years from 1984-85 onwards and from time-to-time assessment orders were passed. It is an admitted position that to ascertain the cost of construction during its progress as on 31st March, 1992, the then AO had issued a commission under Section 131(1)(d) of the IT Act, 1961. As per report of District Valuation Of...
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