Madhya Pradesh Court February 2007 Judgments
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Mukhtyar Singh and anr. Vs. Amar Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-13-2007
Reported in: 2008ACJ1432
Abhay Gohil and Rajendra Menon, JJ.1. Claimants, who are the parents, mother and father of the deceased have filed this appeal under Section 173 of the Motor Vehicles Act, 1988, against the award dated 27.11.1997 in the Claim Case No. 40 of 1995 for enhancement of compensation.2. Brief facts of the case are that the deceased Dilbagsingh was working as a driver on truck No. MP 07-G 1152 and on 20.10.1995 he was coming from Bombay to Gwalior. In the way near Sendhva barrier adjoining to village Balsamund, one tyre of the truck got punctured. Deceased Dilbagsingh and deceased Tarsemsingh, who was working as second driver on the truck were changing the wheel of the truck. At that time one truck No. UP 80-E 9431 came from back side. It is stated that the said vehicle was being driven rashly and negligently by Amar Singh, respondent No. 1, who was driving the said vehicle and it dashed both the drivers. As a result of this accident, both died on the spot. Crime was registered at P.S. Nagalwa...
Kalawati Vs. Munnalal and ors.
Court: Madhya Pradesh
Decided on: Feb-13-2007
Reported in: 2008ACJ1754
Abhay Gohil and Rajendra Menon, JJ.1. This is claimant's appeal for enhancement of compensation under Section 173 of the Motor Vehicles Act, against the award dated 1.7.2000 passed by Eighth Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 152 of 1996.2. Brief facts of the case are that the appellant-claimant herein is working in the Defence Laboratory and was getting salary Rs. 5,800 per month in the year of 1995. On 27.9.1995 at about 6 p.m. when she was coming back to her house from duty, outside of Roopsingh Stadium one truck No. UMO 8451, which was being driven rashly and negligently by respondent No. 1, came from behind, did not blow any horn and dashed the appellant. As a result of this accident she received crush injuries in her right hand and in the left leg. She was taken to Police Station, Padav, where F.I.R. was lodged and thereafter she was admitted in the J.A. Group of Hospitals, Gwalior, where she remained hospitalised up to 29.9.1995. Thereafter, she remained ...
Sumerchand JaIn Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-12-2007
Reported in: [2007]292ITR241(MP)
Dipak Misra, J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), by the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur (for short 'the Tribunal'), for the opinion of this Court at the instance of the assessee in respect of the following questions:1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in arriving at the finding, that the purchase of silver vide bill dated October 8, 1985, of M/s. Chouksey Rajnikant and Co., for silver ornaments of 59.547 kgs. amounting to Rs. 1,50,000 which was found recorded in the books of account found at the time of search, was not genuine purchase ?2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in arriving at the finding that the purchase of silver ornaments weighing 38.990 kgs., for Rs. 99,552 vide bill dated October 28, 1985, was not genuine purchase ?2. The ...
Gaya Prasad Pathak Vs. Assistant Commissioner of Income Tax and ors.
Court: Madhya Pradesh
Decided on: Feb-12-2007
Reported in: [2007]290ITR128(MP)
ORDERDipak Misra, J.1. The present appeal preferred under Section 260A of the IT Act, 1961 (for brevity 'the Act') was admitted on the following substantial question of law:Whether the validity of a requisition under Section 132A in pursuance of an authorization issued under that section can be decided by the Tribunal in an appeal before it under Section 254 of the IT Act?2. The facts which are necessitous to be stated are that on 21st Nov., 1995 a search was undertaken at the residential premises of the appellant-assessee (hereinafter referred to as 'the assessee') by the Lokayukt under Section 13(1)(e) of the Prevention of Corruption Act, 1988 (in short '1988 Act'). Subsequently, the books of account, documents and assets found and seized by the Lokayukt authorities were requisitioned by the CIT, Jabalpur, as per authorization issued by him under Section 132A of the Act. In pursuance of the aforesaid seizure, a notice under Section 158BC of the Act was issued to the assessee on 18th ...
United India Insurance Co. Ltd. Vs. Saroj Bai and ors.
Court: Madhya Pradesh
Decided on: Feb-12-2007
Reported in: 2008ACJ1063
S.K. Kulshrestha and S.K. Seth, JJ.1. Both these appeals have arisen from the award dated 27.3.2006 passed by the Motor Accidents Claims Tribunal, Indore in Claim Case No. 68 of 2004. These appeals are, therefore, being decided by this common order at the admission stage.2. The respondent Nos. 1 to 6 filed an application under Section 166 of Motor Vehicles Act to claim a sum of Rs. 45,00,000 in respect of the death of Devkaran Kajale in a motor accident in which the Tribunal awarded a sum of Rs. 7,41,271 as against the aforesaid claim of Rs. 45,00,000.3. The case stated by Saroj Bai, the respondent No. 1, before the Tribunal was that while her husband Devkaran Kajale was going as a pillion rider on a motor cycle bearing registration No. MP 09-JN 4858 which was being driven by Santosh s/o Babulal Tiwari (original non-applicant No. 2), while he was so proceeding from Khategaon to Bhilkhedi and had reached near Nirmal Hospital, on account of rashness and negligence of the said driver of t...
Urmila Devi Srivastava Vs. M.P. State Road Transport Corporation and o ...
Court: Madhya Pradesh
Decided on: Feb-12-2007
Reported in: [2008(116)FLR288]
S.K. Gangele, J.1. Petitioner has filed this petition with regard to payment of post retiral benefits to her husband and also interest on the delayed payment.2. The husband of the petitioner was working as Booking Agent in the establishment of respondent No. 1 and he was posted in the office of Depot Manager, Bhind. He died on 11.12.1996 when he was on duty, After the death of husband of the petitioner, the retiral benefits and other benefits have not been paid to her in spite of representations.3. Respondents filed the return and also filed a document along with return showing the details with regard to payment of post retiral benefits of the husband of the petitioner to the petitioner.4. As per the aforesaid statement certain amounts have been paid in the year 1997, 1998 and in the year 1999 and thereafter a major amount Rs. 63,293/- has been paid to the petitioner on 5.6,2006. With regard to delayed payment of Rs. 63.293/- on 5.6.2006 no cogent reasons have been given by the respond...
Patiram Vs. Mula and ors.
Court: Madhya Pradesh
Decided on: Feb-09-2007
Reported in: AIR2007MP131; 2007(2)MPLJ92
B.M. Gupta, J.1. This second appeal has been preferred by the plaintiff/appellant against the respondents impugning the judgment and decree dated 2-12-1997 rendered by Additional District Judge, Sabalgarh, distt. Morena in Civil Appeal No. 16-A/89, affirming the judgment and decree passed by the trial Court in original Civil Suit No. 28-A/84. Vide impugned Judgment and decree the suit filed by the appellant for declaration of title and injunction has been dismissed.2. During the course of arguments, both the parties have admitted the following factual status of the case.1. That the whole of the land Survey numbers 37, 236/3, 237, 238, 239, 240 and 241, total survey numbers 7, total land 14 bigha and 9 biswa situated in village Parvati Badoda, Tehsil Vijaypur distt. Morena (presently distt. Sheopurkalan) which has been mentioned in para No. 1 of the plaint was owned by one of the three brothers, Lalji, Budhi and Moti. Moti died without any heirs. Budhi is defendant No. 2 and plaintiff P...
Basantilal (Dead) Through L.Rs. Vs. Smt. Shusheeladevi and ors.
Court: Madhya Pradesh
Decided on: Feb-09-2007
Reported in: 2007(3)MPLJ296
Brij Mohan Gupta, J.1. Comparative status of the parties:Names In the Appeal In the original suitSmt. Susheela Devi Respondent No. 1 Plaintiff No. 1Smt. Anita Respondent No. 2 Plaintiff No. 2Smt. Meena Respondent No. 3 Plaintiff No. 3Basantilal (dead) Appellant Defendant No. 1through L.Rs.Marobai Respondent No. 4 Defendant No. 3Kanchanbai (dead) Respondent No. 5 Defendant No. 2For sake of convenience, the parties will be referred to as per their status in the original suit.2. The instant first appeal has been filed by defendant No. 1 Basantilal (since dead now through L.Rs.) impugning the judgment and preliminar decree dated 22-12-94 passed in favour of plaintiffs by Second Additional District Judge, Guna in Civil Suit No. 4-A/94.3. The facts in brief are, that the aforementioned suit was filed on 1st August, 1986 by the plaintiffs Smt. Susheela Devi, Anita and Meena. Anita and Meena being minors, suit was filed on behalf of them by plaintiff No. 1 Susheela Devi being their mother as g...
Smt. Paramjeet Kaur Vs. Dharampal Singh
Court: Madhya Pradesh
Decided on: Feb-09-2007
Reported in: 2007(2)MPHT344
ORDERArun Mishra, J.1. This application has been filed for transfer of the case. It is submitted that applicant Smt. Paramjeet Kaur has the son of 11 months as such considering the age of child it is not possible for her to move frequently. She faces difficulty in attending the case at Satna. A case under Section 125 of Cr.PC is already pending in the Court of JMFC at Shahdol, as such prayer has been made to transfer the case from Satna to Shahdol.2. Considering the peculiar facts and circumstances of the case, as child is of only 11 months of age and one of the case under Section 125 of Cr.PC is already pending at Shahdol, that was filed earlier, transfer of the case is also ordered from Satna to the Competent Court Shahdol. Let the record be transmitted at an early date. Parties to appear at Shahdol without any further delay on the next date of hearing, i.e., on 12th March, 2007. MCC stands allowed. C.C. as per rules....
Sitaram Kaushal (Since Deceased) Through L.Rs. and anr. Vs. Puneet Kum ...
Court: Madhya Pradesh
Decided on: Feb-09-2007
Reported in: 2008ACJ573
Rajendra Menon, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 33 of 2005 vide award dated 20.1.2006. Originally, the claim petition was filed by Sitaram Kaushal, inter alia, contending that on 13.12.2004 at about 8 in the night he was travelling in vehicle No. MP 07-G 6023 as a cleaner and was coming from Dabra to Gwalior. When the aforesaid vehicle, i.e., Vikram van dashed against a Maruti car No. MP 07-E 8533 owned and driven by respondent No. 1 and insured with respondent No. 2, he sustained various injuries on his body and for the injuries sustained by him he filed a claim petition. During pendency of the claim petition, the claimant died and, therefore, his legal heirs were brought on record. Accordingly, on the basis of the evidence and the material that came on record, for the injuries sustained by the claimant, a sum of Rs. 12,000 was awa...
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