Madhya Pradesh Court March 2007 Judgments
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Jagdish Constructions Ltd. Vs. M.P. Rural Road Development Authority a ...
Court: Madhya Pradesh
Decided on: Mar-23-2007
Reported in: AIR2007MP266; I(2008)BC74; 2007(2)CTLJ411(MP)
ORDERS.K. Seth, J.1. Though this petition is directed against the communication dated 1-3-2007 (Annexure P-1) but in fact, it is to seek a restrain order against respondents not to effect recovery from the petitioner till adjudication of dispute by arbitrator.2. Undisputed facts. Petitioner was awarded contract for 'Construction and of Maintenance of Rural Roads' under Pradhan Mantri Gram Sadak Yojna (PMGSY) in respect of package No. MP-3153 A.D.B. to be completed within the stipulated period of twelve months. Pursuant to this, work order was issued. Petitioner also furnished an unconditional performance guarantee in the sum of Rs. 75 lacs payable on demand without demure to the respondent No. 1. The respondent No. 2, the Oriental Bank of Commerce issued said performance guarantee in favour of respondent No. 1. It is also not disputed that respondent No. 1 terminated contract on 1-3-2007 and invoked the performance guarantee, consequently, the respondent No. 2 issued the communication ...
Vikas Enterprises Vs. Assistant Commissioner of Commercial Tax and ors ...
Court: Madhya Pradesh
Decided on: Mar-23-2007
Reported in: (2007)10VST94(MP)
ORDERAbhay M. Naik, J.1. This order disposes of W.P. Nos. 259, 260 and 263 of 2006 submitted by common petitioner, namely, M/s. Vikas Enterprises, Khandwa, involving a common question of law. Reference to annexures is taken from W.P. No. 259 of 2006.2. All these writ petitions relate to a common period (i.e., from April 1, 1996 to March 31, 1997) and pertain to commercial tax, entry tax and Central sales tax, respectively. In W.P. No. 259 of 2006 an assessment order dated April 13, 2000 was passed raising a demand of commercial tax to the tune of Rs. 1,70,474 against the petitioner. In W.P. No. 260 of 2006 an assessment order dated April 13, 2000 was passed raising a demand of entry tax to the tune of Rs. 16,892 against the petitioner. In W.P. No. 263 of 2006 an assessment order dated April 13, 2000 was passed raising a demand of Central sales tax to the tune of Rs. 97,438. Revision petitions were filed in all the three cases.3. Madhya Pradesh Bakaya Rashi Saral Samadhan Yojna, 2002 wa...
Saira Bano Vs. Bitthal Balu Godekar and ors.
Court: Madhya Pradesh
Decided on: Mar-23-2007
Reported in: 2008(4)MPHT204
ORDERAbhay M. Naik, J.1. Facts giving rise to the present petition are that one Sheikh Saleem died in a road accident on 5-3-2004 while he was travelling in a truck along with the cleaner. Petitioner being widow of the deceased submitted Claim Case No. 8/2004 before the First Motor Accident Claims Tribunal, Seoni. Respondent No. 4 was mother of the deceased and respondents Nos. 5 and 6 were respectively sister and brother of the deceased. They, too, submitted Claim Case No. 14/2004 for compensation. Both the cases were pending before the First Additional Motor Accident Claims Tribunal, Seoni. They were taken up in Lok Adalat wherein the petitioner gave her consent for compromise at a sum of Rs. 5 lacs. The Lok Adalat passed its decision directing the respondent No. 2 to pay sum of Rs. 5 lacs towards compensation within a period of three months from the date of award. It has been further mentioned in the award that the petitioner as well as respondent Nos. 4 to 6 would be entitled to eq...
Satyanarayan Gaud Vs. Ramsingh, Deceased Through L.R. Prithwisingh, De ...
Court: Madhya Pradesh
Decided on: Mar-22-2007
Reported in: AIR2007MP268; 2007(3)MPHT286; 2007(3)MPLJ384
ORDERS.K. Seth, J.1. This petition under Article 227 of the Constitution of India is directed against the order dated 7-10-2006 passed by the Vth Additional District Judge, Ratlam in Civil Suit No. 17-A/2006.2. Initially, the petitioner/plaintiff filed a suit for specific performance based upon the agreement of sale dated 30-11-1990,24-4-1991 and 15-11-1991. Later on, the plaint was amended and the plaintiff is also claiming the relief of possession as according to him, he was dispossessed during the pendency of the suit. At the time of the evidence, the plaintiff wanted to rely upon the aforesaid 3 agreements of sale and wanted to introduce them as documentary evidence. An objection was taken by the other side with regard to the admissibility of the documents on the ground that they were insufficiently stamped. Considering the objection raised by the other side, learned Trial Judge sustained the objection and directed the plaintiff to pay the deficit stamp duty holding that the agreem...
Allied Asia Gears Limited Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-22-2007
Reported in: 2008(232)ELT591(MP); 2008[12]STR707
ORDERS.K. Seth, J.1. This petition is directed against the order dated 12-2-2007 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi in Excise Appeal No. 3065/2006. By the order impugned, learned Tribunal has refused to waive the statutory condition of pre-deposit while considering the stay-application and directed the petitioner (appellant before the Tribunal) to deposit the entire duty demand within a period of 8 weeks from the date of the order. It was further directed that upon deposit of the entire duty demand, the requirement for pre-deposit of penalty shall stand waived.2. Learned senior counsel appearing for the petitioner submitted that the Tribunal has rejected the prayer for waiver without taking into account the fact that the petitioner-company is a sick company under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 and the proceedings are pending before the Board of Industrial and Financial Reconstruction (BIFR). Placing re...
Anki and ors. Vs. Kallu and ors.
Court: Madhya Pradesh
Decided on: Mar-21-2007
Reported in: 2008ACJ2513
N.K. Mody, J.1. This order shall also govern the disposal of M.A. Nos. 1874, 1875, 1876, 1902, 1903, 1904, 1905 and 2590 of 2006, as in all the appeals the impugned award is dated 31.3.2006, whereby Motor Accidents Claims Tribunal, Alirajpur, in different claim cases, which were arising out of one accident allowed the application filed by the claimants under Section 140 of the Motor Vehicles Act, but exonerated the respondent No. 3 insurance company herein.2. Mr. Manish Jain and Mr. Mayank Upadhyay, who are counsel for respondent Nos. 2 and 3, i.e., owner and insurance company are directed to make appearance in all the cases. Counsel for appellants is directed to supply memo of appeal and the impugned order to the counsel for respondents.3. Short facts of the case are that a motor accident took place on 2.4.2005 by a Matador, bearing registration No. GJ 6-U 7183 which was driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3, in the said accident membe...
Soram Bai Vs. Pawan Yadav and ors.
Court: Madhya Pradesh
Decided on: Mar-21-2007
Reported in: 2008ACJ2748
Arun Mishra, J.1. These appeals have been filed by the claimant and insurer aggrieved by an award dated 5.7.2005 passed by Motor Accidents Claims Tribunal, Astha, District Sihore in Claim Case Nos. 99 and 98 of 2004.2. Claimants Soram Bai and Amarsingh were travelling in Matador No. MP 13-E 0826 along with their vegetables. They were going to the market to sell their vegetables. Matador was driven by Raees Khan on its side. Truck No. GTS 7843 driven by Pawan Yadav dashed Matador from driver side. Soram Bai and Amarsingh sustained injuries. They were taken to the hospital at Astha. A report against the driver of truck was lodged. Matador was owned by Raees Khan and insured with United India Insurance Co. Ltd. whereas truck was owned by Kirit Kumar Premji Bhai Patel and insured with New India Assurance Co. Ltd.3. Claim Case No. 99 of 2004 was filed by Soram Bai claiming compensation on account of amputation of her right hand at the shoulder level. She was referred to Hamidia Hospital whe...
Swadesh Kumar JaIn Vs. Jayanti and ors.
Court: Madhya Pradesh
Decided on: Mar-21-2007
Reported in: 2008ACJ2110
S. Samvatsar, J.1. This appeal is filed by the claimant under Section 173 of the Motor Vehicles Act being aggrieved by the award dated 13.5.2002 passed by Fifth Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 30 of 1999 whereby the Claims Tribunal has awarded a sum of Rs. 85,000 towards compensation for the injuries sustained by the claimant in a motor accident.2. Brief facts of the case are that the claimant was driving a motor cycle and was going from Anaj Mandi to Bharat Traders, Dabra. When he reached at the gate of Anaj Mandi, tractor No. MP 07-H 5183 which was driven by Jayanti, respondent No. 1 and was owned by Dakua Ram, respondent No. 2 dashed against the said motor cycle which has resulted into fracture of tibia and fibula bones of the right leg of the claimant. The tractor was insured with insurance company, respondent No. 3. Due to the said injuries, the appellant-claimant was treated at Gwalior and then at A.I.I.M.S., New Delhi. He had u...
Vishwanath Gupta and ors. Vs. Virendra Nath Agrawal and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2007
Reported in: AIR2007MP148; 2007(4)MPLJ281
A.K. Shrivastava, J.1. This appeal under Section 96 CPC has been filed by appellants who are the legal representatives of original plaintiff Jagannath Prasad Gupta, against the judgment and decree dated 20-7-1995 passed by learned 4th Additional District Judge, Sagar in Civil Suit No. 1-A/90.2. The pedigree of plaintiff as pleaded in Para 1 of the plaint is as under:Baijnath Prasad Gupta died on 24-2-1965___________________________________|______________________________| | | |Ladli Bahu Jagannath Prasad Shambhu Nath Virendranath(wife died son (plaintiff) died died in the year defendantin the year during the pendency 1974 No. 11976 of the suit.Appellants are hisL.Rs.3. The suit has been filed for declaration that the registered sale-deed dated 20-11-1986 which is the half portion of yellow, red, green and without colour shown in the plaint map and which has been sold by defendant No. 1 to defendants 2 and 3 is illegal and ineffective with a further relief that defendants be restrained f...
Devdas and ors. Vs. Kalyan and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2007
Reported in: 2007ACJ1756
Arun Mishra, J.1. This appeal has been filed for enhancement of compensation by the claimants as against an award dated 31.1.2005 passed by the Motor Accidents Claims Tribunal, Khandwa in Claim Case No. 90 of 2003.2. In an accident dated 5.9.2003 when the deceased was sitting by the side of the road and was talking to another person, jeep (MP 09-JZ 0121), came from opposite side, Kalyan drove it rashly and negligently and dashed the deceased. He sustained severe injuries and was taken immediately to District Hospital, Khandwa, where he was declared dead. Jeep was owned by Deem Dineshwar and insured with United India Insurance Co. Ltd. It was claimed that age of deceased was 28-29 years. He was earning a sum of Rs. 3,500 by working as tractor driver. In addition, he used to receive a sum of Rs. 50 per day as allowance, thus, he was earning a sum of Rs. 5,000 per month. Compensation of Rs. 14,80,000 was claimed.3. The owner and driver denied that the accident was caused by the jeep. Driv...
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