Court : Madhya Pradesh
Decided on : Mar-29-2006
Reported in : IV(2006)ACC338
ORDERS.K. Seth, J.1. This order shall also govern disposal of M.A. No. 1797/2004 as both appeals arise out of the common award dated 23.2.2004 passed by the MACT, Rajgarh (Biaora) in M.V. Case Nos. 26/2000 and 85/2002. In M.V. Case No. 26/2000 Tribunal awarded a sum of Rs. 60,000 for the death of one Sarjubai in a road accident on 24.1.1999. In M.V. Case No. 85/2002, Tribunal awarded to the claimant a sum of Rs. 10,000 for the injuries sustained by him in the said accident.2. Sarjubai and the appellant Chandrasekhar, mother and son, were travelling as passengers in a bus belonging to respondent No. 1. They were travelling from Indore to Biaora. Near Sarangpijir college, the bus collided with a tanker and overturned. On account of the accident, Sarjubai died on the spot and Chandrasekhar sustained grievous injuries. Two separate claim petitions, one by the legal heirs of Sarjubai and another by the appellant Chandrasekhar were filed claiming compensation against the respondents.3. Based...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-03-2006
Reported in : III(2006)ACC142
ORDERS.K. Seth, J.1. This order shall also govern disposal of M.A. 2058/2005--Smt. Gauribai v. Sheikh Anwar and 2 Ors. as both appeals for enhancement arise out of common accident.2. These two appeals are for enhancement of compensation awarded by the 3rd Motor Accident Claims Tribunal, Mhow in M.V. Case No. 60/04 and M.V. Case No: 59/04. Relevant facts in brief leading to these appeals are as under.3. On 24.7.2004 deceased Radheshyam along with his wife Gauribai and other passengers was travelling in a tempo. A truck bearing registration No. MP 13 E-0626 came from opposite direction and ran into the tempo. As a result, deceased Radheshyam and his wife Gauribai sustained grievous injuries. Initially they were taken to private hospital in Indore where Radheshyam succumbed to injuries on 25.7.2004 whereas Gauribai was shifted to M.Y. Hospital (Govt. Hospital) where she remained as indoor patient for about 17 days. Two separate claim petitions were filed; one by the legal representatives ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-04-2006
Reported in : (2007)5VST260(MP)
..... of tax under the m.p. sthaniya kshetra me mal ke pravesh par kar adhiniyam also and reference with regard to the authorities under the mpgst act and sections under the said act has been made in the provisions of m.p. sthaniya kshetra me mal ke pravesh par kar adhiniyam, 1976.therefore, with the enactment of m ..... no. 5251/90 since the award has not been made within two years from the date of the declaration under sub-section (2) of section 126, by operation of section 11a of the central act, the notification published under section 125 shall be deemed to have been lapsed and, therefore, the authorities are devoid of jurisdiction to proceed further. we ..... to the definition of 'owner' in clause (1) of section 2 of the mines act, 1952, which repealed and re-enacted 1923 act. consequently, the references to section 562 of old code in section 19 of the probation act and to section 5(2) of the old act in section 18 of the probation act, respectively have to be inevitably read as references to their .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-04-2006
Reported in : 2007ACJ1661
..... it is undisputed that respondent no. 1 being the driver, was in-charge of tractor and he ought to have taken care and precaution as envisaged under section 126 of the act before he left the tractor without stopping the mechanism or applying brakes. had he taken adequate care and precaution, the accident could have been averted. even ..... are picked up or set down by a stage carriage.7. there is no dispute that tractor is a motor vehicle covered by clause (28) of section 2 of the act. from the evidence available on record it is clear that without stopping mechanism and taking adequate precaution, respondent no. 1 left the tractor engine in running ..... condition near the divider of agriculture field. this act on the part of respondent no. 1 was contrary to provisions contained in section 122 read with section 126 of the act. it is also clear from the evidence that when the tractor started moving backward, deceased tried to stop the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-05-2006
Reported in : 2006(3)MPLJ554
..... so the original application itself was returned to respondent no. 4. thereafter respondent no. 4 filed an election petition under section 122 of m.p. panchayat raj avam gram swarj adhiniyam, 1995 (hereinafter referred to as 'the panchayat act'). the sub-divisional officer after recording evidence of both the parties recorded following findings which appears in para 6 of the ..... either to direct recount or to change the results of the election. once the result is declared the only remedy of an aggrieved party is an election petition under; section 122.(13) in this case, as stated above, the appellant had been orally told that he had won. he only came to know that respondent no. 1 had ..... , he could not have approached the returning officer for recount. the only remedy, therefore, available to the appellant was to file an election petition.(14) in view of section 122 and the rules, we are unable to agree with the ratio laid down in ram rati's case. it is not correct to hold that, in an election .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-07-2006
Reported in : 2006(2)MPLJ299
..... the respondent because the respondent had not made the counter claim before the final authority under the terms of the works contract and under section 7-b of the adhiniyam, as amended by the amending act 36/95, the tribunal can not admit a reference petition unless the dispute is first referred for decision to the final authority under the ..... is a counter reference and can be entertained by the tribunal.4. the division bench in its order dated 22-2-2006 referred to section 7-b of the adhiniyam, as amended by the amending act 36/95, which provides that the tribunal shall not admit a reference unless the dispute is first referred for decision to the final authority ..... therefore been referred to us for our opinion.5. mr. s.s. bansal, learned counsel for the petitioner submitted before us that section 7-b(1) (a) of the adhiniyam, as amended by amending act 36/95 expressly provides that the tribunal shall not admit a reference petition unless the dispute is first referred for the decision of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-10-2006
Reported in : 2006(4)MPLJ403
..... jyotiraditya scindia was appointed as officiating president. there is no intimation of such a election and nomination made to the registrar of society as required under section 27 of the act. entire action in the matter is taken not only on the basis of explanation submitted by the petitioner's but also on the basis of the ..... are constituted as per the guidelines and the policies laid down in the all india council of technical education act and as the governing bodies of the institutes are independent legal entities receiving the grant-in-aid, action under section 33 cannot be taken against the petitioner's society. it was emphasised by shri chitaley that once it ..... the governing body of every aided institute has to be registered under the society registration act of 1973 to be eligible to receive grant-in-aid. a complete reading of the aforesaid rules alongwith the definition of the 'institute' as appearing in section 2(e) of the adhiniyam of 1978 indicates that ' even though grant-in-aid .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-10-2006
Reported in : I(2007)ACC411; 2008ACJ310
..... safely infer that her age must be between 45 to 50 years. the court has assessed her income at rs. 700 to 800 per month. in view of schedule under section 163(a), her income can be assessed on notional basis at rs. 15,000 per year and yearly dependency can be assessed at rs. 10,000 per year. as she .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-12-2006
Reported in : [2008]303ITR414(MP)
..... is purely a finding of fact within the domain of the tribunal and the high court in exercise of its powers under section 260a of the income-tax act, 1961, cannot go into the aforesaid finding of fact. thus, there is no substantial question of law involved in this ..... carry on the business of banking as defined under the banking regulation act, 1949.6. from these objects it becomes clear that the assessee-company is an investment company. this also becomes clear from the findings ..... or association whether falling under the same management or otherwise in accordance with and to the extent permissible under the provisions contained in the companies act, 1956, with or without security and on such terms as may be determined from time to time. however, the company shall not ..... 1. this is an appeal under section 260a of the income-tax act, 1961, filed by the commissioner of income-tax, indore (mp), against the order dated october 28, 2005, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-12-2006
Reported in : 2007ACJ1637
..... till its realisation.5. as regards cross-objection raised by insurance company is concerned, there is nothing on record to show that insurance company has complied with the provisions of section 170 of the motor vehicles act, hence cross-objection stands dismissed.appeal stands allowed and disposed of.
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