Court : Madhya Pradesh
Decided on : May-19-2006
Reported in : 2007(4)MPHT194
..... admissible in order to establish that the sale-deed was sham transaction and was got executed only to ensure repayment of loan. it was further held that section 92 of the evidence act does not come in the way of proving the allegations. this court while holding so has placed reliance on earlier decision of this court mandas v. manbai ..... repayment of rs. 1,000/- in terms of ikrarnama exh. p-2 were debarred from their right to repurchase the land in suit?(2) whether section 58c of the transfer of property act prohibits the defendants from proving that the transaction was in the nature of mortgage?(3) whether the courts below were justified in the facts and circumstances of ..... interest at the rate of rs. 3/- per month was settled between the parties. the plaintiff assured defendants that the sale-deed which shall be executed will never be acted upon and there shall be no conveyance by the said sale-deed. in this manner plaintiff gave rs. 1,000/-towards loan, out of which rs. 100/- were incurred .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-28-2006
Reported in : IV(2006)ACC171
order1. this is an appeal filed by the claimant under section 173 of the motor vehicles act by the claimant against an award dated 30.4.2004, passed by learned i motor accident claims tribunal, khargone in claim case no. 4/2002. by impugned award, the claims .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-04-2006
Reported in : [2008]300ITR384(MP)
..... no. 1 did not accept the aforesaid figure and determined the tax payable under section 89 of the finance act, 1998 at rs. 3,03,134. for doing so, the respondent no. 1 took into consideration the amount of the additional tax payable which was determined to ..... the determination of income. it is in the nature of a penalty which is imposed on an assessee in those cases where prima facie adjustments are made under section 143(1)(a) of the it act, 1961. it is not relatable to the determination of income. thus, it cannot be taken into account in determination of disputed income on which tax is ..... .3. petitioner has submitted that for the asst. yrs. 1994-95 and 1995-96 disputed income was worked out. petitioner filed declaration under section 89 r/w section 88 of the finance act, 1998 for settlement of tax payable to the respondent no. 1. the total tax payable on the aforesaid amount was worked out to rs. 2,13,310. respondent .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-05-2006
Reported in : 2008ACJ906
R.V. Raveendran, C.J.1. This is a claimants' appeal against the judgment and award dated 27.4.2001 in Claim Case No. 17 of 2000 passed by the Twelfth M.A.C.T., Indore.The claimants are the young widow, younger brother, father and mother of one Devendra Sharma, a Mechanical Engineer, having passed B.E. in the first class. On 14.5.1996, when he was driving a car, the truck bearing registration No. MP 09-KA 3862 (of which respondent Nos. 1, 2 and 3 are respectively the driver, owner and insurer) which was being driven in a negligent manner, dashed against the said car and Devendra Sharma sustained serious injuries. He died on account of the injuries sustained in the said accident after 6 days. Feeling aggrieved, the claimants filed the said claim petition claiming a compensation of Rs. 73,00,000.2. After appreciating the evidence, the Tribunal by its judgment and award dated 27.4.2001 allowed the claim in part. It held that the accident occurred due to negligence of the driver of the truc...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-05-2006
Reported in : 2007ACJ2530
a.m. sapre, j.1. this is an appeal filed by claimants under section 173 of motor vehicles act (hereinafter referred to as 'the act') against an award dated 28.10.2003, passed by learned fourth motor accidents claims tribunal, indore in claim case no. 75 of 2001. by impugned award, the claims tribunal has ..... on the spot giving rise to filing of claim petition by his legal representatives out of which this appeal arises claiming compensation for his death under the provisions of the act. the non-applicants contested the case of the claimants and denied their liability arising out of the accident. parties adduced evidence. as observed supra, the tribunal partly allowed the claim .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-06-2006
Reported in : IV(2006)ACC737
abhay gohil, j.1. this is claimants' appeal for enhancement of compensation under section 173 of the motor vehicles act, against the order dated 6.3.2006 passed by the fifth motor accidents claims tribunal in claim case no. 37 of 2000.2. brief facts of the case are that ..... he died. pillion rider sanjay apreja also received injuries. crime was registered, matter was investigated and charge-sheet was filed. claimants also filed petition for compensation under the motor vehicles act. tribunal awarded a compensation of rs. 1,22,000 for the death of deceased amit kumar, against which the appellants have filed this appeal for enhancement of the compensation. claimants ..... of dependency would come to rs. 24,000 per year. the mother of the deceased is aged about 40 years, who is a class-i heir as per the succession act. claims tribunal has applied multiplier of 15, which appears to be proper at the age of the mother. therefore, on application of the multiplier of 15 on the dependency amount .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-12-2006
Reported in : 2006(4)MPLJ162
..... aid is required in many forms and at various stages, for obtaining guidance, for resolving disputes in courts, tribunals or other authorities. it has manifold facets. the explosion in population, the vast changes brought about by scientific, technological and other developments, and the all-round enlarged field of human activity reflected in modern society, and the ..... from the funds of self financing scheme and it is further contended that as per the rules framed by the bar council of india, under section 49 of the advocates act and as per the rules every college is duty bound to engage full time principal and law teachers and they are required to pay the pay ..... .b. degree viz. a five year and a three year law course for the purposes of enrolment as advocates as prescribed under the rules contained in section a and section b respectively. part iv provides that law education of 5 years shall be through whole time law colleges of university department, university department will be deemed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-12-2006
Reported in : AIR2007MP112; 2007(1)MPLJ359
..... decided on merit. it was dismissed only on the ground of delay in the proceedings and not on merit. that being so, he argues that the principles laid down in section 11, cpc will not apply and the learned court has committed material irregularity in rejecting the application for injunction on such consideration.5. having heard learned counsel for the petitioner ..... p/1 dated 3rd january 2006 is proper and as to whether the principles of res judicata will apply in the facts and circumstances of the present case.6. under section 11 of cpc, no court is permitted to try any suit or issue in which the matter directly and substantially in issue had been directly and substantially in issue in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-12-2006
Reported in : 2007(1)MPLJ315
..... , hon'ble apex court again affirmed the same legal position:(8) ...it is, therefore, manifest that in spite of the amendment of 1994, the effect of the provision contained in section 147 with respect to persons other than the owner of goods or his authorised representative remains the same. although the owner of the goods or his authorised representative would now ..... co. ltd. v. v. chinnamma : air2004sc4338 , supreme court has considered the various other decisions on the subject and also considered the effect of amendment of 1994 in the motor vehicles act and in the case of national insurance co. ltd. v. baljit kaur : air2004sc1340 and also the decision in the case of new india assurance co. ltd. v. asha rani : ..... abhay gohil, j.1. the claimants have filed this appeal under section 173 of the motor vehicles act, 1988, against the award passed on 12.4.2002 by fifth additional motor accidents claims tribunal, gwalior in claim case no. 86 of 2001 for enhancement of compensation as well .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-13-2006
Reported in : 2007(1)MPLJ276
..... revenue code is not applicable because the code itself did not come into existence on that date and, therefore, ownership rights of natthu would devolve in accordance to section 8 of the hindu succession act.15. resultantly, this appeal is found to be devoid of any substance and the same is hereby dismissed with cost. counsel fee rs. 1500/-, if pre- ..... of the m.p. land revenue code, as it stood before its amendment by the m.p. no. 38/61 or will be governed by section 8 of the hindu succession act ?8. it has been vehemently argued by shri k.n. agrawal, learned counsel for appellant that since natthu has died in the year 1960 i.e., after coming ..... property of the owner of the agricultural land and, therefore, since natthu died after coming into force of hindu succession act, 1956 (for brevity 'the act of 1956'), therefore, the devolution shall take place in terms of section 8 of the said act. it has also been putforth by him that the sale deed executed by defendant no. 1 chhabi rani in favour .....
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