Madhya Pradesh Court April 2007 Judgments
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Laxmikant Sharma and anr. Vs. Narayan Singh Pal and ors.
Court: Madhya Pradesh
Decided on: Apr-19-2007
Reported in: 2008ACJ1311; 2007(4)MPLJ3
Abhay Gohil, J.1. Appellants, being aggrieved with the award passed by First Additional Motor Accidents Claims Tribunal, Gwalior in the Claim Case No. 29 of 2002 on 30.10.2002, have filed this appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation.2. Facts of the case lie in a narrow compass as under:Deceased Aman Sharma, aged about 4 years, was the only child of the appellants. On 13.10.2001 he had gone to K.G. Children Public Convent School, Morar. While returning back to his house along with cousin sister on foot on Mall Road near the Circuit House boundary one Tempo No. MP 07-T 1511, which was being driven by its driver rashly and negligently came and dashed deceased Aman. As a result of this accident, he sustained injuries in the head. He became unconscious on the spot. The intimation of the accident was given to the parents of the child and he was taken to J.A. Group of Hospitals and during treatment he succumbed to the injuries. The driver, res...
Sevakram Vs. Ashok and anr.
Court: Madhya Pradesh
Decided on: Apr-19-2007
Reported in: 2008ACJ1816
N.K. Mody, J.1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act by the claimant against an award dated 13.8.2001 passed by the Second Motor Accidents Claims Tribunal, Khargone in Claim Case No. 122 of 1999. By the impugned award, the Tribunal has awarded a total sum of Rs. 1,65,000 with interest to the claimant by way of compensation for the injury which he sustained in an accident. According to the claimant, i.e., appellant herein, the compensation awarded is on lower side and hence, need to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimant has filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in compensation awarded and if so to what extent?2. Heard the counsel for parties.3. Learned Counsel for the appellant submits that appellant was aged 17 years at the time of accident an...
Uniscans and Sonics Ltd. Vs. M.P. Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Apr-19-2007
Reported in: 2008(3)MPHT555
ORDERAbhay M. Naik, J.1. This petition has been preferred against Order No. SEBC/O&M;/04/1132, dated 23-1-1996 raising thereby a demand of Rs. 8,24,310/- against the petitioner and disconnection notice dated 10-4-1996 and the bill dated 16-2-1996 for a sum of Rs. 9,36,617/- purporting to be towards electricity dues of sister companies.2. Petitioner is a Limited Company duly registered under the provisions of Companies Act. It obtained electricity connection from respondent No. 1 and an agreement dated 17-1-1987 (Annexure P-l) was duly executed between the petitioner and the Electricity Board. It has been paying electricity charges in due manner in accordance with the terms of the agreement and was not in arrears of any kind as revealed in the bills for preceding six months which are cumulatively submitted as Annexure P-1a. On 23-1-1996, the petitioner received a letter (Annexure P-2) from respondents that a sum of Rs. 3,66,248/- is due on petitioner's sister company, namely, United Ele...
Mohammad Abdul Kalam Vs. C. Shrinivas Raghwan and ors.
Court: Madhya Pradesh
Decided on: Apr-19-2007
Reported in: 2008ACJ2852
Arun Mishra, J.1. This appeal has been preferred by the claimant-appellant calling in question the adequacy of compensation awarded by Ninth Addl. Motor Accidents Claims Tribunal, Bhopal in M.C.C. No. 10 of 1996 as per award dated 10.7.1998.2. Claimant Mohd. Abdul Kalam, aged 26 years, was travelling on a scooter No. MP 04-N 8374 as a pillion rider. He was going to Safia College, where he was a student of LL.B. final year. He had passed B.Com. and M.Com. and was preparing for Public Service Commission examination. Scooter was driven by Habib at Sufia Mosque Square, near Chinar Apartment, a jeep No. MP 04-J 2063 came from opposite direction, driven by C. Shrinivas Raghwan, owned by Jinco and insured with New India Assurance Co. Ltd. at an excessive speed driven rashly and negligently by its driver, dashed the scooter and the claimant sustained severe injuries. There was fracture of L-l vertebra in the vertebral column. An iron rod was inserted in the backbone. Dr. Shivaji Bisal, CW 3, a...
Sti India Ltd. Vs. Commissioner of Commercial Tax and ors.
Court: Madhya Pradesh
Decided on: Apr-18-2007
Reported in: (2009)20VST37(MP)
ORDERS.K. Seth, J.1. This order shall also govern disposal of W.P. No. 1012 of 2004 as that petition is an off-shoot of controversy involved in the above writ petition and the decision in the above petition has a direct bearing on the question involved in the later petition filed by the petitioner questioning levy of penalty.2. The question involved in the above writ petition is whether sale of movable assets, in facts and circumstances of the case in hand, amounts to sale during the course of a business so as to attract levy of tax under the M.P. Vanijyik Kar Adhiniyam, 1994 (hereinafter referred to 'the Act'). Petitioner is assailing the order dated January 24, 2004 passed by the Additional Commissioner of Commercial Tax, Indore, in the revision. By the order impugned, while partly allowing the revision, the Additional Commissioner did not accept contention of the petitioner and upheld the levy of tax on the sale of movable assets effected during the assessment period from April 1, 1...
Ravindra Bharati Vs. S.V. Electricals Limited and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2007
Reported in: II(2007)BC414
ORDERS.C. Vyas, J.1. Heard finally with consent of both the parties.This is a petition filed under Section 482 of Cr.PC for quashment of the proceedings of Criminal Case No. 1127/04 pending in the Court of CJM, Dewas against present petitioner Ravindra Bharati only on the ground that necessary averments have not been made in the complaint to show that present petitioner was either Managing Director or Deputy Managing Director or signatory of the cheque or the person who is in charge or responsible for the conduct of the business of the Company.2. Short facts of the case are that respondent No. 1, S.V. Electricals Limited filed a complainant before CJM, Dewas for the trial of the offence punishable under Section 138 of the Negotiable Instrument Act against respondent Nos. 2, 3 and 4 as well as petitioner, on the allegation that a cheque amounting to Rs. 2,62,392/- was given by them to the complainant as consideration of the price amount of certain goods and it was promised that the amou...
NaraIn Lal Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2007
Reported in: 2007(3)MPHT128
ORDERRajendra Menon, J. 1. Challenging the order dated 4-3-03 Annexure P-1 passed by the Board of Revenue and the order Annexure P-2, dated 28-11-2004 passed by Additional Commissioner Chambal Division, Morena with regard to appointment of Patel of Village Har Gangoli, petitioner has filed this petition.2. When a post of Patel in Village Har Gangoli, District Morena fell vacant in the year 1996, the Collector granted permission on 13-8-96 to fill up the post, accordingly, in pursuance to the order passed by the Collector, Sub Divisional Officer Jaura, the Competent Authority initiated proceeding for appointment of Patel. On the basis of proclamation issued, five persons namely Ajmer Singh respondent No. 5, Ramswaroop respondent No. 6, Narain Lal petitioner, Devilal and one Dhaniram submitted their applications, as Ramswaroop, Devilal and Dhaniram failed to appear in spite of notice their applications were not considered. Application of petitioner Narain Lal and respondent No. 5 Azmer S...
Kavawatibai and ors. Vs. Mohanlal and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2007
Reported in: 2008ACJ1808
N.K. Mody, J.1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act by the claimant against an award dated 16.12.2000 passed by the learned Motor Accidents Claims Tribunal, District Dhar in Claim Case No. 48 of 1999. By impugned award, the Tribunal has awarded a total sum of Rs. 5,62,000 with interest to the claimant for the death of one Rameshchandra, who died in vehicular accident. According to claimants, the compensation awarded is on lower side and hence, need to be enhanced. It is for claiming enhancement in the compensation awarded by the Tribunal, the claimants have come up in appeal. So the question that arises for consideration is, whether any case for enhancement in compensation awarded by the Tribunal on facts/evidence adduced is made out in the compensation awarded and, if so, to what extent2. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in driving the offending vehicle, who i...
Ganga Ram Patel Vs. Mohammad Zaheed Khan and anr.
Court: Madhya Pradesh
Decided on: Apr-17-2007
Reported in: 2008ACJ2763
Arun Mishra, J.1. These appeals have been preferred as against awards passed by Claims Tribunal in Claim Case Nos. 81, 71, 6 and 23 of 1999 by First Additional Motor Accidents Claims Tribunal, Mandla on 21.12.2001.2. The facts in short are that on 9.4.1998 claimant Ganga Ram was travelling in a jeep (No. MP 09-S 1772) from Mandla to Narainganj, near Sahjani. Ram Kumar Gupta, the driver, drove the jeep rashly and negligently, due to that jeep fell into a ditch. Claimant Ganga Ram sustained injuries. Fracture of skull, fracture of fourth and fifth ribs was found, it was claimed that his hearing capacity was affected to the extent of 70 per cent, driver died in the accident, vehicle was owned by Mohd. Jaheed, insured with National Insurance Co. Ltd. Ganga Ram claimed compensation of Rs. 10,48,400 along with interest.3. The owner of the jeep was proceeded ex parte. The insurer National Insurance Co. Ltd. in its written statement, inter alia, contended that passengers were carried in the ve...
Umed Singh and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-13-2007
Reported in: 2007(3)MPHT275
ORDERRajendra Menon, J.1. Petitioners have filed this petition being aggrieved by orders dated 14th December, 2006 filed as Annexures P-1 and P-2 respectively passed by the Police Headquarter, Crime Investigation Department, (hereinafter referred to as 'CID'), Bhopal transferring investigation into two first information reports registered at Police Station, Kailaras, District Morena for enquiry and investigation.2. Brief facts which are necessary for disposal of this petition are that certain incident had taken place within the territorial jurisdiction of Police Station, Kailaras on 29th March, 2006, in which it was stated that the petitioners were attacked by various persons as indicated in Paragraph 5.1 of the petition. Because of the aforesaid incident, a First Information Report was lodged by the petitioners being Crime No. 81/06 on 29th March, 2006 for offence under Sections 302,307,147 and 149, IPC. The report on the basis of which said case was registered was lodged by petitione...
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