Madhya Pradesh Court February 2007 Judgments
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New India Assurance Co. Ltd. Vs. Triveni Bai and ors.
Court: Madhya Pradesh
Decided on: Feb-09-2007
Reported in: 2008ACJ1956
Rajendra Menon, J.1. As both appeals arise out of a common award, they are being disposed of by this common order.2. Claimants in these appeals are wife, parents and children of deceased Lakhan Dhakad and have filed the claim petition seeking compensation for death of Lakhan Dhakad. It is stated that Lakhan Dhakad was a resident of Gola Pahadi, Lashkar, Gwalior. He was staying in village Gaaji-garh and used to purchase agriculture produce from the agriculturists of the village and take them to mandis at Shivpuri and other places and used to earn his living by selling these agriculture produce. It is the case of the claimants that in this manner, Lakhan Dhakad used to earn Rs. 50,000 per year and they were dependent upon him. On 5.1.2002, Lakhan Dhakad went from his village to sell groundnut in Berad Mandi and for the said purpose, he went in trolley No. MP 33-H 1428 which was owned by respondent No. 4, Ramdas and insured with New India Assurance Co. Ltd., appellant in M.A. No. 333 of 2...
Khemchand Motilal JaIn Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-08-2007
Reported in: 2007(2)MPLJ257
Arun Mishra, J.1. These appeals have been preferred by the plaintiff aggrieved by dismissal of the suits as barred by limitation by the First Addl. District Judge, Raisen as per the common judgment and decree dated 21-4-1994 passed in consolidated Civil Suits No. 13-A/1986 and 16-A/1986.2. The plaintiff, M/s. Khemchand Motilal Jain, a registered partnership firm instituted a Civil Suit No. 13-A/1986 for declaration and injunction challenging the recovery fastened by the DFO, Raisen of Rs. 47,250.47. The other Civil Suit No. 16-A/1986 was filed assailing recovery of Rs. 33,352.71. Both the civil suits were consolidated by the Trial Court.3. It is not in dispute that initially a writ petition--M.P. No. 143/73 was filed assailing the aforesaid recoveries. It was filed on 16-2-1973 and was decided on 24-1-1979 by the Division Bench of this Court. It was held by this Court that question raised in the writ petition was purely question of facts and disputed question could only be decided on e...
Shiv Narayan Saxena and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-08-2007
Reported in: 2007(2)MPLJ352
ORDERS.K. Gangele, J.1. The petitioners have filed this petition with regard to payment of salary from 1-8-2003 and also other reliefs in the interest of justice.2. Petitioner Nos. 2 and 8 have been working as Shiksha Karmis Grade II and rests of the petitioner Nos. 1 to 8 have been working as Shiksha Karmis Grade III. Municipal Council, Ganj Basoda, respondent No. 4 issued an advertisement dated 2-9-1998 with regard to appointments and selection of Shiksha Karmis Grade I, II and III in the daily News Paper, Dainik Bhaskar, dated 10-9-1998. In pursuance to the aforesaid advertisement the petitioners and other persons applied for appointment as Shiksha Karmis Grade II and III. As per the Rules, which were applicable at that time, named as Madhya Pradesh Municipality Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1998, hereinafter called 'the Rules of 1998'. A select list was prepared and the persons were called for interview including the petitioners. Thereafter, the petit...
Direndra Singh Sengar Vs. Gopi Singh Kalicharan and anr.
Court: Madhya Pradesh
Decided on: Feb-08-2007
Reported in: 2008ACJ2277
Rajendra Menon, J.1. Mr. Mahesh Haswani, Advocate for appellant. Mr. Arvind Agrawal, Advocate for insurance company, respondent No. 2. None for the owner of the vehicle, respondent No. 1, even though served.2. This is claimant's appeal under Section 173 of the Motor Vehicles Act, for enhancement of the compensation awarded to him by Sixth Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 49 of 1994, for the injuries sustained by the claimant in the said accident and on the basis of disability suffered in the accident, i.e., 40 per cent a sum of Rs. 35,000 is awarded as compensation. Inter alia, contending that the compensation award for disability of 40 per cent is very much on the lower side, this appeal has been filed for enhancement of the compensation.3. Facts in brief necessary for disposal of the present appeal are that on 28.4.1994 at about 6 in the evening when the appellant was going on Koteswar Road, a tractor bearing No. CIG 4056 driven by respondent No. 1 in a rash...
Mahesh Vs. Rrakhi and anr.
Court: Madhya Pradesh
Decided on: Feb-07-2007
Reported in: II(2007)DMC434
ORDERS.S. Dwivedi, J.1. The applicant has preferred this revision under Section 397 of the Cr. P.C., feeling aggrieved by the order dated 13.11.2006 passed by the Presiding Judge, Family Court, Indore, in MCRC No. 374/2005, whereby allowed the petition filed under Section 125 of the Cr. P.C., and ordered for grant of maintenance of Rs. 2,500 per month in favour of the non-applicant No. 1 and Rs. 1,000 per month in favour of the minor son, non-applicant No. 2.2. Briefly stated facts of the case are that the non-applicant No. 1 is the legally wedded wife of the present applicant Mahesh. Their marriage took place on 22.1.2003. During their wedlock the non-applicant No. 2, minor child born to the non-applicant No. 1. After that it is alleged that the present applicant, husband treated the wife with cruelty, therefore, she is forced to live separately from her husband and thereafter the husband is not paying any maintenance amount to the non-applicant, wife and minor son. The present applic...
Murlidhar Pinjani and anr. Vs. Smt. Sheela Tandon and anr.
Court: Madhya Pradesh
Decided on: Feb-06-2007
Reported in: 2007(3)MPHT89; 2007(3)MPLJ506
Arun Mishra, J.1. This appeal has been preferred by the defendants aggrieved by judgment and decree dated 3rd August, 1995 delivered by Ist Addl. District Judge, Bhopal in Regular Civil Suit No. 44-A/91.2. Plaintiff/respondent No. 1 has filed a suit for specific performance of an agreement (P-1) dated 18-10-88 with respect to 2.47 acre of land situated at Village Badwai, Tehsil and District Bhopal. Total consideration payable was Rs. 2,61,820/-, out of the said amount 10% earnest money, that is Rs. 26,182/-was paid. It was agreed that within one month of obtaining permission from Urban Land Ceiling Department by the defendants, the sale deed would be executed, intimation was to be given within one month, thereafter the sale deed was to be executed after payment of remaining consideration to defendant Nos. 1 and 2. On 14-1-89 a notice (P-2) was given to plaintiff regarding permission having been obtained by defendants. However, after enquiry plaintiff came to know that no such permissio...
M.P. State Co-operative Union Ltd. and anr. Vs. J.L. Kashyap and ors.
Court: Madhya Pradesh
Decided on: Feb-06-2007
Reported in: [2007(113)FLR407]; (2007)IILLJ1012MP
ORDERS.R. Waghmare, J.1. By this petition, the petitioners have challenged the order dated September 22, 2001 (Annexure P/1), passed by respondent No. 2/Controlling Authority directing payment with interest @ 10% as well as the order of Appellate Authority dated December 29, 2002 dismissing the appeal vide Annexure P/2.2. Brief facts of the case are that respondent No. 1 J.L. Kashyap was superannuated from the post of Head Assistant by order dated. November 17, 1994. Respondent No. 1 J.L. Kashyap was working with the petitioners' Institution, M.P State Co-operative Union Limited and carrying on the activity of printing literature as well as running training schools to educate the persorts in all cooperative-movements. The petitioner/ society alleged that on superannuation proper gratuity was paid to him despite which he filed the case before the Controlling Authority claiming that since the gratuity was not paid in time, he was entitled to interest.3. Raising an objection that the Paym...
Gabbar Singh and ors. Vs. the Collector and ors.
Court: Madhya Pradesh
Decided on: Feb-06-2007
Reported in: 2007(2)MPLJ249
ORDERSubhash Samvatsar, J.1. This petition is filed by the petitioners aggrieved by the order dated 30-6-2003 passed by 12th Additional District Judge (Fast Track Court), Gwalior in Case No. 42/2004 MJC.2. The brief facts of the case are that the petitioners were owner of agricultural land bearing survey Nos. 295 and 297 having an area of 16 Bigha and 10 Bishva situated in Village Alapur, Pargana and District Gwalior. The said land was recorded in the name of father of the petitioners Gyasiram, who died during the pendency of the proceedings before the Land Acquisition Officer.3. The Land Acquisition Officer passed an award in respect of the land owned by the petitioners as per Section 11 of the Land Acquisition Act on 21-7-1987. The said award was approved by the Competent Authority on 10-9-1987. The Land Acquisition Officer has awarded compensation in respect of the land owned by the petitioner at the rate of Rs. 2800/- per Bigha. The petitioners were not satisfied with the quantum o...
Eastern Air Products (P) Ltd. Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Feb-06-2007
Reported in: [2007]290ITR562(MP)
ORDERDipak Misra, J.1. This is a reference under Section 256(1) of the IT Act, 1961 (for brevity 'the Act') by the Income-tax Appellate Tribunal (in short 'the Tribunal') seeking an opinion from this Court on the following question:Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the receipt of Rs. 6,95,418 received by the assessee from the Union Carbide India Ltd. is not a capital receipt but is a revenue receipt ?2. The facts, briefly stated, are that the assessee is a private limited company and carries on the business of manufacturing of industrial gases. The case of assessee before the AO was that it had received a sum of Rs. 6,95,418 by way of compensation from Union Carbide India Ltd., Bhopal (hereinafter referred to as 'the UCIL'). The amount was shown as other income in the P&L; a/c but later on during the course of assessment it was claimed as capital receipt. The AO treated the said receipt to be a revenue receipt. Being a...
State of Madhya Pradesh and anr. Vs. Nirankar Singh and anr.
Court: Madhya Pradesh
Decided on: Feb-06-2007
Reported in: (2008)ILLJ36MP
Dipak Misra, J.1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated June 24, 2004, Annexure P-1 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in short 'the Tribunal' in Original Application No. 430/02.Essential facts which are requisite to be stated for adjudication of this petition are that the respondent No. 1, Divisional Forest Officer was served with the charge-sheet dated October 1, 1990 and placed under suspension. The1 charges levelled against him pertained to financial irregularities committed by him during the period when he was posted in Social Forestry Division, Sehore and Social Forestry, Division Rajgarh in the year 1989 and 1990. Being aggrieved by the initiation of the departmental proceeding and the order of suspension, the respondent No. 1 knocked at the doors of the Tribunal in Original Appli...
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