Court : Madhya Pradesh
Decided on : Apr-13-2006
Reported in : 2006(3)MPLJ580
..... right in the suit accommodation. the defendant/appellant being on would come under the ambit of the definition of member of the family as envisaged under section 2(e) of the m.p. accommodation control act, 1961 and since the tenancy right is inheritable the defendant/appellant also enjoys the same status as the plaintiffs no. 1 to 4 are enjoying in ..... .1992 passed in civil suit no. 101-a/89 by the court of 8th civil judge, class ii, bhopal has been affirmed, the defendant has preferred this second appeal under section 100 of the code of civil procedure, 1908. 2. in brief the suit of plaintiffs/respondents is that one yakoob hussain naqvi was the tenant of the suit accommodation. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-13-2006
Reported in : 2007ACJ2031
..... land enacted by the legislature. in support of his contention learned counsel appearing for the appellant made reference to sections 147, 149 read with relevant clause of section 2 (definition section) of the motor vehicles act, 1988 (for short 'the act'). according to him as per policy, appellant had covered the third party risk and the risk of driver only ..... of this court that the insurance company could not be held liable to pay the amount of compensation to the claimants. the word 'tractor' is defined under section 2(44) to mean motor vehicle which is not itself constructed to carry any load except the equipment required for the purpose of propulsion of tractor. propulsion is ..... not defined, therefore, one has to look to the ordinary dictionary meaning. as per chamber's dictionary (deluxe edn.) 'propulsion' is a noun and means 'the act of causing something to move forward; force which causes forward movements'. it is, thus, clear that the only load which can be carried on a tractor is of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-13-2006
Reported in : [2008]301ITR282(MP)
..... is agricultural land for the purposes of the tenancy act, and the law requires that the sale of agricultural land or non-agriculturist permission under section 63 of that act is necessary and considering the provisions of the bombay land revenue code that the permission was necessary and ..... answered in the case of gordhanbhai kahandas dalwadi v. cit : [1981]127itr664(guj) , it is held while interpreting the provisions of the bombay tenancy and agricultural lands act, 1948, the definition of the word 'land' which is used for agricultural purposes or which is sometimes used as agricultural land, but is allowed to lie fallow, ..... in the absence of the permission the nature of land does not change.6. under section 172 of the m.p. revenue code, if .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-13-2006
Reported in : 2007ACJ2173
..... rs. 10,88,500 in favour of the claimants-appellants against the respondents. dissatisfied with the quantum of the award, the claimants-appellants have preferred this appeal under section 173 of the motor vehicles act, 1988, for getting the quantum of award enhanced.4. the questions to be determined in this appeal are that whether the appellant nos. 1 and 2 are .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-17-2006
Reported in : 2007ACJ2184
..... does not operate against him. similarly, the appellant insurance company is incompetent as it challenges the award on grounds of defence not available to it under section 96(2) of the act.'5. the learned counsel submits that the amount awarded is on the lower side. the deceased was a medical representative and was earning rs. 6, ..... , therefore, age of the mother ought to have been taken into consideration and according to which multiplier of 11 as per second schedule to the motor vehicles act ought to have been taken into consideration. the personal expenses ought to have been deducted at the rate of 1/3rd of the income of the deceased. thus ..... interpreting the expression. nonetheless, some broad tests are deducible which can be summarised as under:(a) a 'person aggrieved' when interpreted in the context of motor vehicles act, means the person who has a genuine grievance and not a camouflaged or proxy one, against the award. he must feel aggrieved immediately and directly and not consequently .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-18-2006
Reported in : 2006(3)MPLJ570
..... only after the notification is issued. shri jain argues that these provisions have been incorrectly interpreted by the election tribunal for dismissing the petition. referring to section 19 of the act of 1993 shri jain points out that every election of sarpanch, up sarpanch and panchas shall be published by the prescribed authority in such manner as ..... words 'true copy' were not written above the signature in the copies. this court further held that there was substantial compliance with section 81(3) of the act and the petition could not be dismissed under section 90(3). that case applies with full force to the facts of the present case, and it must therefore, be held ..... definition of the 'returned candidate' as appearing in the rule 2(c) of the nirvachan niyam, 'ejection' as defined in section 67(a) of the representation of the people act and thereafter placing reliance on section 19 of the adhiniyam of 1993 and rule 90 of the rules of 1995 tried to emphasis that the petitioner had filed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-18-2006
Reported in : III(2006)ACC519; 2007ACJ2136
S.K. Seth, J.1. This appeal is against the award dated 25.1.2001 passed by the Tenth Motor Accidents Claims Tribunal, Indore in M.V. Case No. 394 of 1999. By the impugned award, Claims Tribunal assessed and awarded a total sum of Rs. 2,80,000 (rupees two lakh eighty thousand) as compensation for the death of one Sushilabai.2. Relevant facts in short are as under:Deceased Sushilabai, a government servant holding post of Assistant Teacher, met with an accident on 9.2.1990. On account of said accident, she sustained head injury. The deceased succumbed to injuries on 12.2.1990 in Choithram Hospital, Indore. Learned Claims Tribunal based upon the evidence, found that only respondent No. 1 was responsible for causing the accident on account of his rash and negligent driving, therefore, directed respondent Nos. 1 and 2 to pay compensation while exonerating other respondents from the liability to pay compensation.3. Learned Counsel for appellants submitted that the Tribunal failed to see the d...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-18-2006
Reported in : II(2007)ACC507
..... a period of 15 days in a month. the accident took place in the year 1997 and considering the other facts and circumstances including the amendment in the motor vehicles act, 1988, one can safely infer and assume the annual income of the deceased at rs. 15,000 per annum instead of rs. 9,000 as assessed by the tribunal while .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-19-2006
Reported in : [2008]303ITR419(MP)
..... , fine or interest), the appellate authority shall decide the appeal irrespective of such declaration. 10. learned counsel for the appellant contends that under sub-section (4) of section 90 of the finance act the appeal or reference or reply filed by the parties shall be deemed to have been withdrawn on the date on which order referred to in ..... that the investment in the building was much more than shown by the assessee and the difference was added to the income of the assessee in accordance with section 69 of the it act. accordingly, the ao treated the deemed income of the assessee in the asst. yr. 1992-92 a sum of rs. 1,09,52,620, in ..... the said tribunal have rejected the preliminary objection regarding the maintainability of the department's appeals, in view of the declaration granted to the petitioner under section 90 of the finance (no. 2) act, 1998.2. all the appeals have been admitted on the following common questions of law:(1) whether tribunal was justified in holding that appeal .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-19-2006
Reported in : II(2006)ACC737
..... of deceased @ rs. 50 per day. so far as multiplier is concerned, since the age of the deceased was 45 years, therefore, as per second schedule of the motor vehicles act, multiplier of 15 ought to have been applied. similarly, learned tribunal has awarded rs. 10,000 towards consortium and loss of love and affection, which appears to be on lower ..... that the multiplier of 13 has wrongly been applied while age of the deceased was 45 years at the time of accident and as per second schedule of motor vehicles act, the multiplier of 17 ought to have been applied. it is submitted that learned tribunal committed error in assessing the income of the deceased @ rs. 50 per day while deceased .....
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