Madhya Pradesh Court September 2007 Judgments
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Mallika Srinivasan and ors. Vs. Mani Prakash Sharma and ors.
Court: Madhya Pradesh
Decided on: Sep-21-2007
Reported in: I(2008)BC504
ORDERB.M. Gupta, J.1. Both the petitions are arising out of the same dispute between the same parties, M/s. Mani Agro Industries Station Road, Datia, respondent No. 1/complainant represented through its proprietor Mani Prakash Sharma at one side (complainant in short) and the petitioners being office bearers of M/s. Eicher Ltd. Industrial Area Mandideep, Bhopal at the other side (hereinafter petitioners will be referred to as accused and M/s. Eicher Ltd. as company), hence both have been heard and are being disposed of together.2-A. The facts in brief, as revealed from complaint dated 31.7.2006 filed by the complainant against Smt. Mallika Srinivasan, MD, Rajiv Sharma, Regional Manager, Sunil Panel and Samir Garg, Area Managers of the company are, that complainant, a proprietor firm was appointed as dealer by the company in May 1999 on depositing Rs. two lacs as security amount. The terms of the agreement included, complainant was to receive old tractors from the customers and sell the...
Kamal Singh Vs. Mohd. Rafiq and ors.
Court: Madhya Pradesh
Decided on: Sep-21-2007
Reported in: 2008ACJ2732
N.K. Mody, J.1. Case is listed in default of P.F. for the respondent No. 2. Learned Counsel for appellant prays for dispensing with services of respondent No. 2 as services of respondent No. 2 are not necessary for just disposal of the appeal. In view of this, services of the respondent No. 2 are dispensed with.2. With the consent of parties, heard on merits.3. This is an appeal filed by claimant under Section 173 of the Motor Vehicles Act against an award dated 9.1.2007 passed by Fifteenth Motor Accidents Claims Tribunal, Indore in Claim Case No. 167 of 2004. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 3,000 to the claimant by way of compensation for the injury which appellant 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. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/evidenc...
Surjeet Singh Saloja and anr. Vs. the State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-20-2007
Reported in: 2007(4)MPHT494; 2007(4)MPLJ566
ORDERA.K. Patnaik, C.J.1. This is a reference made to us pursuant to an order dated 21-11-2000 passed by learned Single Judge in W.P. No. 4602 of 2000.2. The relevant facts briefly are that the Collector, Bhopal issued an order dated 12-7-1999 in exercise of powers under Clause 6(2) of the M.P. Essential Commodities (Price Exhibition and Price Control) Order, 1977 directing that ail the petrol and diesel pump owners must supply cash memos to consumers in respect of petrol and diesel failing which appropriate legal action shall be taken.3. The petitioners challenged the order dated 12-7-1999 of the Collector, Bhopal in the present writ petition under Article 226 of the Constitution and contended before the learned Single Judge that under Condition No. 8 of the licence of the petrol and diesel pump owners issued under the M.P. Motor Spirit and High Speed Diesel Oil (Licensing and Control) Order, 1980 (for short 'the Control Order, 1980'). it was not necessary to issue a receipt or invoic...
Lalita Devi Vs. Laxminarayan
Court: Madhya Pradesh
Decided on: Sep-20-2007
Reported in: I(2008)DMC351
Abhay Gohil, J.1. Heard.Family Court has dismissed application of the appellant under Section 27 of the Hindu Marriage Act, 1955 on the ground that no proceedings under Hindu Marriage Act are pending between the parties. The submission of the learned Counsel for the appellant is that the respondent husband had filed petition for divorce and that petition has been decreed by the Family Court and in that petition he had not filed any such application under Section 27 of the Hindu Marriage Act.2. From the perusal of the provision of Section 27, it is clear that the application under Section 27 is not maintainable independently. As per Section 27 in any pending proceeding under this Act the Court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage. The impugned order passed by Family Court appears to be justified, as under Section 27 of the Act no such independent application is maintainable. Thus, we d...
Baital Singh and ors. Vs. Shrilal and ors. (L.R.S. of Respondent No. 1 ...
Court: Madhya Pradesh
Decided on: Sep-20-2007
Reported in: 2008(1)MPHT499; 2007(4)MPLJ477
P.K. Jaiswal, J.1. This plaintiffs appeal under Section 96, CPC is directed against the judgment and decree dated 4-12-1997 passed by the 3rd Additional District Judge, Morena, whereby the suit filed by the appellant for declaration that sale deed dated 4-4-91 (Exh. P-9) executed by defendant No. 2 Mulla s/o Gajadhar in favour of defendant No. 1 Trilok Pal Singh for the land in dispute is not binding on the fact and the same be declared void and the plaintiffs alongwith defendant No. 2 be declared as owner thereof, has been dismissed.2. Brief facts of the case are that Gajadhar had two sons, viz., Mawasi and Mulla. Appellants are sons of Mawasi. Gajadhar is the owner of an area of 5 Bigha 2 Biswa in Survey No. 1221, area 5 Bighas 15 Biswas in Survey No. 1222 and 6 Bighas 4 Biswas in Survey No. 1232; total 16 Bighas 1 Biswa. He died in the year 1958. After the death of Gajadhar, the land was recorded jointly in the name of Mawasi Singh and Mulla. Mawasi Singh died in the year 1983. Afte...
Commissioner of Income-tax Vs. Lilasons Breweries P. Ltd.
Court: Madhya Pradesh
Decided on: Sep-20-2007
Reported in: [2008]306ITR314(MP)
1. In pursuance of the order dated August 30,1997, passed by this court in MCC No. 679/93 the Income-tax Appellate Tribunal, Indore Bench, Indore (in short the Tribunal), has drawn up a statement of facts. Be it noted that while this court called the statement of facts the following question of law was framed:Whether, on the facts and in the circumstances of the case the learned Tribunal was justified in law in holding that the presentation articles worth Rs. 5,31,675 distributed by the assessee are disallowable under Section 37(3), read with Rule 6B(1)(a)2. The facts which are essential to be stated are that the assessee who was engaged in the trading of breweries incurred an expenditure of Rs. 2,09,040 on 600 briefcases. When a claim in that regard was put forth, the Assessing Officer disallowed Rs. 1,79,040 under Rule 6B. The assessee had further claimed an expenditure of Rs. 2,52,049 towards costs of silver and fabrication work 40 kmg set with tray under the head 'Trade promotion e...
Jamnabai and ors. Vs. Dinesh and anr.
Court: Madhya Pradesh
Decided on: Sep-20-2007
Reported in: 2008ACJ2010
N.K. Mody, J.1. Appellants by Mr. Manish Jain, Advocate. Respondent No. 3 by Mr. Sunil Jain, Advocate. With the consent of the parties, heard on merits. This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 19.1.2007 passed by M.A.C.T. (Fast Track), Kukshi in Claim Case No. 44 of 2006. By the impugned award, the Claims Tribunal has awarded a sum of Rs. 1,57,340 to the claimants for the death of Bhursingh, who died in a motor vehicle accident. According to the claimants, i.e., appellants herein, the compensation awarded is on lower side and hence, needs to be enhanced. 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 and if so to what extent?2. 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 is liable for paying compensation...
Smt. Usha Baghel and ors. Vs. United India Insurance Company Limited a ...
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: 2007(4)MPHT180; 2007(4)MPLJ409
ORDERA.K. Patnaik, C.J.1. This is a reference made by order dated 16.7.2007 passed by a Division Bench of this Court in M.A. No. 1576 of 2004. 2. The facts which are necessary to answer this reference are that when Nand Kishore was driving auto-rickshaw he owned, the auto- rickshaw turned turtle and he sustained injuries. He was taken to Nagpur for treatment where he died on 30.12.2003. The auto-rickshaw was financed by District Antvavyasayi Sahakari Vikas Samiti Maryadit, Seoni, and was insured with the United India Insurance Company Limited. The appellants claimed compensation of Rs. 18,16,000/-on account of death of Nand Kishore. The insurer denied its liability for the compensation. The Claims Tribunal determined the compensation of Rs. 4,41,500/-but held in the award that since additional premium was not paid to the insurer to cover the risk of the owner, the insurer was not liable to pay compensation. Aggrieved by the award dated 24.12.2004 passed by Tribunal the appellants filed...
Reliance Telecom Ltd. Vs. Commissioner of Commercial Tax
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: (2009)19VST164(MP)
ORDERS.K. Kulshrestha, J.1. The above appeals under Section 53(2) of the M.P. VAT Act, 2002 assail the judgment of the M.P. Commercial Tax Appellate Board dated 30.3.2007 by which the claim of the appellant Company that the hand set and the substituted Sim Card issued by it to the subscribers are not exigible to commercial tax has been turned down. Though the appeals are for different years, since they have been disposed of by a common order Annexure A/8 passed by the Board, they are being disposed of by this common order.2. Learned Counsel for the appellant does not dispute that during the period pertaining to the Assessment Year 1998-1999 and 1999-2000, the appellant had floated a Scheme for rendering Telecom service to the subscribers in which hand sets were made available to the subscribers on non returnable basis along with the Sim Cards. The Department, levied tax on the value of the hand set and also the value of the Sim Cards which substituted the original Sim Cards on account ...
Bhartiya Kishan Sangh and Uttam Singh Kushwah Vs. Union of India (Uoi) ...
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: 2007(4)MPLJ548
ORDERAbhay Gohil, J.1. This order shall govern the disposal of aforesaid two petitions. Both the petitions have been filed as Probono Publico Petition under Articles 226 and 227 of the Constitution of India.2. Writ Petition No. 5303/06 has been filed by Bhartiya Kishan Sangh District Bhind for the relief that the Indian Council of Agriculture Research New Delhi (for short I.C.A.R.) was establishing a Krishi Vigyan Kendra (for short KVK) in the District of Bhind. Earlier location of this KVK was selected at Lahar, which is a Tehsil place of district Bhind and subsequently the department of Agriculture of State of M.P. has taken a decision to shift the location of KVK from Lahar to the District Headquarter at Bhind. This petition has been filed on the ground that the decision of State Govt. is perfectly legal and justified in shifting the sight of KVK from Tehsil headquarter to District Headquarter, therefore directions be issued that the construction work which is in progress of the KVK...
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