Madhya Pradesh Court December 2008 Judgments
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New India Assurance Co. Ltd. Vs. Salu and ors.
Court: Madhya Pradesh
Decided on: Dec-19-2008
Reported in: 2009ACJ2802
Abhay M. Naik, J.1. This appeal is preferred by the insurance company against a direction to pay and recover.2. Short facts involved herein are that the deceased Somdatt Thakur was travelling in the truck bearing registration No. HR 38-D 1288 which was going from Hyderabad to Delhi. It suddenly turned turtle near Deshgaon Ghati due to which Somdatt Thakur was injured and died on the spot. The truck was owned by respondent No. 6 and was driven at the relevant time by respondent No. 5. A claim petition was submitted by the claimants who are residents of Village Thana, Tahsil Ledror, District Hamirpur, Himachal Pradesh. The learned Motor Accidents Claims Tribunal, Khandwa passed an award in favour of the claimants for a sum of Rs. 3,91,000. The learned Claims Tribunal found that there was violation of the terms and conditions of the policy and accordingly the insurance company, i.e., the appellant was not found liable. However, applying the principles laid down by the Full Bench of this C...
Beniram and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-18-2008
Reported in: 2009(2)MPHT198
R.C. Mishra, J.1. This appeal has been preferred against the judgment dated 31-3-2001 passed by First Additional Sessions Judge, Seoni in S.T. No. 2/2000 whereby each one of the appellants was convicted and sentenced as under:-----------------------------------------------------------------Convicted under Section Sentenced to-----------------------------------------------------------------447 of the Indian Penal Code pay a fine of Rs. 300/-.(for brevity 'the Code')-----------------------------------------------------------------323 of the Code undergo S.I. for two monthsand to pay a fine of Rs. 300/-and in default, to suffer SI for15 days.-----------------------------------------------------------------In addition, the appellant No. 2 Chainsingh also stands convicted under Section 323 read with Section 34 of the Code and sentenced to undergo simple imprisonment for two months and to pay fine of Rs. 300/- and in default, to suffer SI for 15 days.2. Prosecution story, in short, may be na...
Smt. Poonam Sharma and anr. Vs. Nil
Court: Madhya Pradesh
Decided on: Dec-18-2008
Reported in: AIR2009MP249; 2010(1)MPHT231
ORDER1. Petitioner No. 1 Poonam Sharma is present in person. She is identified by her counsel Mr. P.C. Nair.Petitioner No. 2 Abhishek Sharma had appeared on the last date and was identified by Shri P.C. Nair, Advocate.Learned Counsel for the petitioners submit that the learned Court below was unjustified in rejecting the petitioners' application filed under Section 13B of the Hindu Marriage Act on the ground that as the period of six months from the date or filing of the application under Section 13B has not passed, the application could not be entertained. Placing reliance upon the Single Bench judgment of this Court in the matter of Anamika Shrivastava v. Vivek Shrivastava 2007 (4) MPHT 374, Smt. Roopa Reddy v. Prabhakar Reddy AIR 1994 Kant 12, K. Omprakash v. K. Nalini AIR 1986 Andhra Pradesh 167 and Dhanjit Vadra v. Smt. Beena Vadra AIR 1990 Delhi 146, it is contended that the period of six months as provided under Section 13B(2) of the Act, is not mandatory but, is only directory ...
Savita Ben and Etc. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-17-2008
Reported in: AIR2009MP76
Dipak Misra, J.1. The expose of facts, the controversy involved, proposition of law and the proponements being founded on a common canvas, these writ appeals were heard analogously arid are disposed of by a singular order.2. The appellants in W.A. No. 1021/2008 and W.A. No. 1023/2008 are the mother and son and they had invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India by preferring two writ petitions (W.P. No. 4969/ 2008 and W.P. No. 4972/2008) for issue of a writ of certiorari for quashment of the recovery proceedings and notification dated 4-3-2008 issued by the concerned Tahsildar, the third respondent herein, in respect of proclamation of sale of their immovable property for recovery of the dues of the Citizen Co-operative Bank Ltd. (hereinafter referred to as 'the Bank'). The appellants had availed the loan from the Bank upon mortgaging their agricultural land in the form of security of the loan. As there was default by the loanees...
National Insurance Co. Vs. Rinki and ors.
Court: Madhya Pradesh
Decided on: Dec-16-2008
Reported in: 2009(2)MPHT368
ORDERS.C. Sharma, J. 1. The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against an award dated 20th April, 2004 passed by the IInd Member Motor Accident Claims Tribunal, Gwalior, in Claim Case No. 126/03, Parumal and Ors. v. Hasankhan and Ors.2. It has been stated by the appellant-Insurance Company in the appeal that on 2nd November, 2003 an accident took place and the deceased Shyam Jeswani died on account of road accident involving the Jeep bearing No. MP-07-B-6888. The Jeep on the date of accident was insured with the appellant-Insurance Company. A claim was preferred by respondent Nos. 1 to 6, who are the children, widow and parents of the deceased Shyam Jeswani and the claim has been allowed by the Motor Accident Claims Tribunal. It has been further stated by the Insurance Company that on 2nd November, 2003, the deceased was riding a scooter and was following a Jeep, the driver of the Jeep suddenly applied the brakes which resulted in an acciden...
Commissioner of Income-tax Vs. H.E.G. Ltd.
Court: Madhya Pradesh
Decided on: Dec-15-2008
Reported in: (2010)228CTR(MP)497; [2009]310ITR341(MP)
Dipak Misra, J.1. Regard being had to the similarity of the substantial question of law involved in these appeals preferred under Section 260A of the Income-tax Act, 1961 (or brevity 'the Act'), they were heard analogously and are being disposed of by a singular order. For the sake of clarity and convenience, the facts in MAIT No. 58 of 2004 are adumbrated herein.2. In these appeals, the following substantial question of law is involved:Whether the Tribunal is justified in holding that the assessee is entitled to interest even on the amount of interest allowed or allowable under Section 244A when Section 244A of the Act provides for payment of simple interest only?3. The assessee, a company incorporated under the Companies Act, 1956, filed its return declaring a total income of Rs. 10,48,96,320. Thereafter, a revised return was filed declaring a total income of Rs. 8,64,95,970 on February 4,1997. The return was processed under Section 143(1)(a) and the total income was finally determin...
Ghanaram (Engineers and Contractors) Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Dec-15-2008
Reported in: 2009(4)MPHT57
ORDERDipak Misra, J.1. In this intra-Court appeal preferred under Section 2 (1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the defensibility of the order dated 12-8-2008 passed by the learned Single Judge in W.P. No. 5640/2008 is called in question.2. The factual matrix which is imperative to be exposited for appreciating the controversy in issue is that the appellant as petitioner invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India questioning the sustainability of the action of the respondent-State and its functionaries as a consequence of which the tender submitted by the respondent No. 7 was accepted ignoring the lower rates quoted by the petitioner and brushing aside the rebate offered by him.3. The Notice Inviting Tender (NIT)(Annexure P-l) was issued by the Competent Authority of the Water Resources Department on 30-10-2007 for construction of work of Concrete and Earthen Barrage including Deck Bridge...
Rajendra Nagrath Vs. Col., V.L. Vohra and ors.
Court: Madhya Pradesh
Decided on: Dec-12-2008
Reported in: AIR2009MP131
Arun Mishra, J.1. The writ petition has been filed by the plaintiff petitioner aggrieved by order (P/II) dated 31-8-2004 passed by XIIIth Addl. District Judge, Jabalpur in Civil Suit No. 212-A/02.2. Plaintiff has filed the instant suit for declaration that the plaintiff No. 1 Smt. Vidyavati Nagrath is the owner of 1/2 of the share of undivided suit property; and remaining half is joint Hindu family property. Declaration has also been sought that half of the suit property is joint Hindu family property. During the pendency of the suit plaintiff No. 1 Smt. Vidyavati Nagrath has executed his Will in favour of plaintiff No. 2 Rajendra Nagrath. Smt. Vidyavati Nagrath had died on 26-3-1996. The Will was purported to be executed on 8-6-1992. The Will was brought on record. An application under Order 6 Rule 17 C.P.C. was filed by the plaintiff which was allowed. The defendants were given opportunity to make consequential amendment. However, as per the petitioner they did not make consequential...
Pishorilal Sethi Vs. Arvind K. Jauhar
Court: Madhya Pradesh
Decided on: Dec-11-2008
Reported in: AIR2009MP128; 2009(2)MPHT62
ORDERArun Mishra, J.1. The order passed by the Eleventh Additional District Judge, Jabalpur in Probate Case No. 9/1999 passed on 18-12-2002 has been assailed in this writ petition.2. Probate case is pending, it is being contested. At the stage of evidence, the Court has asked the payment of the Court fees after making the valuation of the property. Dissatisfied with the order, the writ petition has been preferred.3. Shri Pranay Verma has relied on Section 19-I of Court Fees Act and a decision of this Court in Smt. Usha and Ors. v. State : AIR1993MP41 .4. After hearing learned Counsel for the petitioner, the main question for consideration is whether under Article 11 of Schedule 1 of Court Fees Act, the Court fees is required to be paid on the application which is filed for obtaining the probate of a Will. The Article 11 of Schedule I of the Court Fees Act is quoted below:11. Probate of a Will or letters ofadministration with or without will annexed.When the amount or value of the prope...
Hira Devi and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Dec-11-2008
Reported in: 2009(2)MPHT58
Arun Mishra, J.1. These appeals arise out of award dated 8th September, 2001 passed by First Addl. District Judge, in Case No. 42/97 MJC.2. The facts, in short, are that on 14-2-1986 a notification under Section 4 of the Land Acquisition Act was issued for the purpose of acquisition of 25.66 acres of the land belonging to the claimants. It was adjacent to the National Highway No. 12 and on other side of the road, it is not in dispute, that Rajeshwari Talkies, some shops and residential houses were situated. Initially, the award (P-23) was proposed by the Land Acquisition Officer to the Competent Authority on 9-2-1988 in which valuation per acre was proposed at Rs. 23,770/-. This award was not accepted by the Competent Authority. Ultimately, the award was passed by the LAO determining the compensation in two modes; upto 100 meter of the National Highway Rs. 12,543.50 per acre, beyond 100 meter @ Rs. 9,332/-. On reference being sought under Section 18 of the Act the Reference Court has v...
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