Madhya Pradesh Court January 2008 Judgments
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Nanhelal Gontiya and Harilal Gontiya Vs. Harishchand and ors.
Court: Madhya Pradesh
Decided on: Jan-22-2008
Reported in: 2009ACJ981; AIR2008MP181; 2008(2)MPHT46
ORDERA.K. Shrivastava, J.1. The appellants have filed above these two appeals under Section 173 of Motor Vehicles Act, 1988 for enhancement of award dated 19th May, 2007 passed by 9th Additional Motor Accident Claims Tribunal, Jabalpur awarding a sum of Rs. 45,900 to appellant Nanhelal and a sum of Rs. 46,200/- to appellant-Harilal alongwith interest @ 6.5% per annum.2. Since the above said two appeals have arisen out of a common award, both these two appeals are being disposed of by this common order.3. In brief, the case of claimants is that one Achchhelal was driving a Hero Puch on which appellants Nanhelal and Harilal were pillion riders. It is said that one Harishchand was driving a Mini Truck bearing registration No. M.P.-21/2477 and the said truck collided with the moped, as a result of which driver of the moped namely Achchhelal died on the spot and above said two appellants received injuries on their legs. Left femur bone of appellant-Nanhelal was fractured and right femur bon...
M.P. Rajya Beej Evam Farm Vikas Nigam and ors. Vs. Ashok Kumar
Court: Madhya Pradesh
Decided on: Jan-22-2008
Reported in: [2008(117)FLR506]; (2008)IIILLJ47MP; 2008(2)MPHT90
ORDERS.K. Gangele, J.1. Because both the petitions, [Writ Petition No. 5167/2005 (S) by the Employee and Writ Petition No. 6285/2006 (S) by the employer] have been filed against a common award dated 8-4-2005 passed in Case No. 11/A/ID Act/ Ref./2002, hence both the petitions are being heard together and decided by this common order.2. The employee, Ashok Kumar, complained to the Appropriate Government that he was engaged by the Corporation at Dabra Center w.e.f. 6-8-1992 on daily wage basis to perform the work of Clerk. He was not made permanent hence he filed an application before the Labour Court under the provisions of Madhya Pradesh Industrial Relations Act for his classification. The Labour Court granted stay of status quo. In spite of that vide letter dated 31-8-1999 his services were terminated. The matter was ceased in the conciliation and after failure of conciliation proceedings it was referred to the Labour Court for adjudication.3. Before the Labour Court the employee in hi...
Bihari S/O Bahore Kushwaha Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-22-2008
Reported in: 2008(2)MPHT50
Rakesh Saksena, J.Appellant has filed this appeal against the judgment dated 18-8-1998 passed by the Third Additional Sessions Judge, Chhatarpur, in Sessions Trial No. 156/1997, convicting him under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.1. In short, the prosecution case is that on 1-5-1997, complainant Dhaniram lodged a report at Police Outpost, Dhuwara that at about 7 o'clock in the evening, when he was going after attending a feast in Village Dhuwara, her niece Parwati met him weeping at the stand. On being asked the reason for weeping, she informed that her father (accused) assaulted her mother and threw her down from the 'Allari'. She was lying in the courtyard. When he reached at the house, he found his brother's wife Lakhanbai lying dead there. There were wounds on her head and neck. On the aforesaid report, Police registered an offence under Section 302 of the Indian Penal Code against the appellant and at the same time, also registered...
Anil Chemicals and Industries Ltd. and anr. Vs. Assistant Commissioner ...
Court: Madhya Pradesh
Decided on: Jan-22-2008
Reported in: (2008)18VST22(MP)
ORDERSanjay Yadav, J.1. This order shall govern disposal of W.P. No. 562 of 2006, W.P. No. 568 of 2006, W.P. No. 573 of 2006, W.P. No. 579 of 2006, W.P. No. 582 of 2006, W.P. No. 586 of 2006 and W.P. No. 7623 of 2006. Since the common question of law is involved in all the writ petitions mentioned above, they were heard analogously and are decided by this common order.2. The sole issue which has cropped up for consideration in these bunch of writ petitions is whether, in the facts and circumstances of cases at hand, the respondents were justified in imposing interest/penalty under Section 26(4)(a), 26(4)(b) and 26(4)(c) of the M.P. Vanijya Kar Adhiniyam, 1994 (hereafter referred as 'the Commercial Tax Act') [Sections 17(3) and 45B(2), Madhya Pradesh General Sales Tax Act, 1958],3. The brief facts are that the petitioner, a company registered under the Companies Act, 1956 established a new industrial unit, which went into trial production on June 26, 1987. In order to avail the facility...
Kavita Chouhan and ors. Vs. Rajendra Singh Tomar and ors.
Court: Madhya Pradesh
Decided on: Jan-22-2008
Reported in: 2009ACJ956
Arun Mishra, J.1. The appeals have been preferred by the claimants as well as by the insurer aggrieved by an award dated 24.4.2007 passed by Ninth Addl. M.A.C.T.(Fast Track Court), Gwalior in Claim Case No. 30 of 2006.2. In an accident dated 5.6.2005 caused by truck No. MP 06-E 1244 by Rajendra Singh Tomar, one Jitendra Singh sustained injuries and succumbed to them. The age of Jitendra Singh was between 30 and 35 years. When he was travelling on a motor cycle on left side of the road, he was dashed by truck driven rashly and negligently by its driver. Report against the driver of truck was lodged. Offence under Section 304-A, Indian Penal Code was registered against him. Compensation in the sum of Rs. 24,60,000 was claimed. The monthly income was claimed to be Rs. 8,000.3. The Claims Tribunal has awarded total compensation of Rs. 4,25,000 along with interest at the rate of 9 per cent per annum from the date of filing of claim petition till realization. The liability has been fastened ...
Deputy Commissioner of Income Tax Vs. Smt. Suniti Singh
Court: Madhya Pradesh
Decided on: Jan-21-2008
Reported in: (2008)215CTR(MP)326; [2008]299ITR1183(MP)
Dipak Misra, J.1. In the present appeal preferred under Section 260A of the IT Act, 1961 (in short 'the Act) the following substantial question of law emanates for consideration:Whether in the facts and circumstances of the case the Tribunal is justified in holding the decision of the CIT(A) in deleting the addition of Rs. 68,000 on the foundation that in the sale of calves no cost of acquisition is involved and hence, the question of income by way of capital gain does not arise ?2. The facts which are essential to be adumbrated for adjudication of this appeal are that the assessee is running a dairy and sells cow milk. The AO observed that the assessee had claimed depreciation on calves forming a part and parcel of the live stock and, therefore, it was stock-in-trade of the assessee and income from the sale of such stock-in-trade is liable to tax. Thus, the AC) treated the calves to be stock-in-trade and assessed it to tax.3. Being dissatisfied with the aforesaid order the assessee pr...
Shishir Raizada Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2008
Reported in: 2008(2)MPHT54
ORDERPrakash Shrivastava, J.1. Petitioner, who was working as Principal Systems Analyst (Scientist D), was transferred vide order dated 9-8-05 from NIC, Seoni District Center to NIC Panna District Center.2. Challenge to the said transfer order was made by the petitioner before the Tribunal by filing O.A. No. 296/06, which was dismissed by the Tribunal vide order dated 15-11-07. The present writ petition has been filed impugning the order of Tribunal amongst others.3. Counsel for the petitioner has raised the argument that the impugned order of transfer has been passed in the malafide exercise of power and that the plea of malice can be found in Paragraphs 53,5.5 and 5.6 of the writ petition. His further contention is that there was no reply to Paragraph 4.15 of the O.A. by the concerned respondent No. 4 against whom the malafides were alleged in the said paragraph. He has also argued that the petitioner is suffering from mal-absorption syndrome and if he is transferred from Seoni to Pa...
Nansingh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-21-2008
Reported in: 2008CriLJ1795
S.L. Kochar, J.1. This appeal has been directed against the impugned judgment dated 9-11-1998, passed by learned II Additional Sessions Judge, Alirajpur, (M.P.) in S.T. No. 258/90 whereby convicted the appellants No. 1 to 6 under Section 396 of the IPC and sentence to R.I. for life and also appellant Nos. 2 and 3 under Section 27(6) of the Arms Act and sentence to R.I. for seven years.2. Briefly stated the prosecution case as unfolded before the Trial Court is that on 24-4-1989, at 8.30 p.m. complainant Kilan (P.W. 3), his son Ramsingh (P.W. 7) Versingh, daughter deceased Hajari and wife Noorlibai were sitting inside their hut after taking night meal. They overheard sound of firing, because of which, they came out from the hut and saw that the huts of inhabitants of that locality named Jugadiya, Kalia, Kishaniya, Dursingh, Nayakada, Bhangada, Kutriya, and Ditaliya Chamar were burning and 8 to 10 persons were coming towards their hut. They had seen in the light of fire those 8 to 10 per...
R.K. Kathal Vs. Registrar, Trade Union and ors.
Court: Madhya Pradesh
Decided on: Jan-21-2008
Reported in: 2008(5)MPHT28
ORDERDipak Misra, J.1. The substantiality and sustainability of the order dated 13-11-2007 passed by the learned Single Judge in Writ Petition No. 6124/2007 is in question in this intra-Court appeal preferred under Section 2 of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.2. The essential facts which are imperative to be adumbrated are that the petitioner-appellant invoked the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari for quashment of the order dated 8-5-2007 passed by the Registrar, Trade Union, M.P., the first respondent herein. In the writ petition it was set forth that the workmen employed in the State Bank of India posted at various branches in the undivided State of Madhya Pradesh formed a trade union called SBI Workmen Union Bhopal Circle, Bhopal, which is registered under the provisions of the Trade Unions Act, 1926 (for short 'the Act'). The Union is affiliated to...
Narmadabai Chouhan and ors. Vs. Regional Manager, Lic of India and ors ...
Court: Madhya Pradesh
Decided on: Jan-21-2008
Reported in: 2009(2)MPHT496
ORDERN.K. Mody, J. 1. Being aggrieved by judgment and decree dated 29-9-2006 passed by 3rd Additional District Judge, (Fast Track), Barwani, in Civil Suit No. 22-B/05, whereby suit filed by appellants was dismissed, present appeal has been filed.2. Short facts of the case are that appellants filed a suit on 16-6-05 for realization of a sum of Rs. 1,14,000/- alleging that appellants are widow and sons of deceased Radheshyam Chouhan who died on 4-8-04 at District Hospital, Barwani. It was alleged that in his life time, deceased Radheshyam got himself insured for a sum of Rs. 1,00,000 vide Policy No. 341807159, dated 28-6-2003. It was alleged that for the purpose of insurance deceased Radheshyam submitted a proposal form on 15-7-2003 and after accepting the premium of Rs. 9,295/- the policy was issued. It was alleged that policy issued by the respondents was endowment policy with benefits. Further case of the appellants was that after issuance of the policy regular premium was paid by the...
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