Court : Madhya Pradesh
Reported in : 2009(3)MPHT507
ORDERR.K. Gupta, J.1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of mandamus against the respondents to refund the amount of Commercial Tax unauthorizedly collected/recovered from the petitioner amounting to more than Rs. 12,00,000/- alongwith interest @ 12% per annum from the date of refund made by the respondent Board or State Tax Department till its payment to the petitioner.2. The facts leading to the present case are that the petitioner is engaged in the business of purchase of mill reject coal from Satpura Thermal Power Station which is run by M.P. State Electricity Board and other units. According to the petitioner it is state within the meaning of Article 12 of the Constitution of India. It is stated in the petition that the electricity is being generated and transmitted and the coal is one of the main ingredients. The coal is being purchased by the Board for its Thermal Power Station, Sarni from ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1989)ACC230; 1990ACJ166
K.L. Shrivastava, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') is directed against the award dated 2.3.1981 made by the Member, Motor Accidents Claims Tribunal, Dewas (for short 'the Tribunal') in Claim Case No. 14 of 1978, the old number being 78 of 1974.2. For the purpose of this appeal it is not in dispute that the deceased Mitthu Lal, aged 24 years, was working in the accident truck bearing registration No. MPE 3625 on daily wages. This truck, on 11.8.1973 at about 10.30 a.m., was stuck in the mud near Bank Note Press, Dewas. In order to pull it out, the accident truck bearing registration No. MPE 8775 which belonged to the respondent Mishri Lal and the deceased respondent Champa Lal, was brought on the scene. At the relevant time the respondent No. 3 Udai Lal was its driver and it was insured with respondent No. 4 against third party risk.3. According to the appellants, after the task was over, Udai Lal in order to give the stationary ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1985)ACC437
K.M. Agarwal, J.1. This appeal Under Section 110-D of the Motor Vehicles Act, 1939, (hereafter called the 'Act'), has been filed by the Insurance Company against the award of compensation to the tune of Rs. 40,000/- with interest at the rate of 9 per cent per annum made by the claims Tribunal. Gwalior in favour of the respondent No.1,Kalka Prasad.2. In this claims petition, the respondent No. 1 alleged that the about 4 O'clock in the morning of 14-8-1980, he alighted from his 'Tonga' at Maharaj Bada, when he was dashed from behind by Tempo No. CPH 5095 belonging to and driven by the respondent No. 2 and insured with the appellant. As a result of the impact, he fell down and his right leg was run over and crushed by the rear left wheel of the Tempo. It was alleged that the accident caused fractures, latceration and bleeding on the right leg, besides fracture of the left ankle joint. On 14-8-1980 itself, he was admitted in the J.A. Group of Hospital, Gwalior, but as he did not get proper...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1623
Arun Mishra, J.1. This order shall also govern the disposal of Civil Revision No. 2057 of 1999.2. The insurer and the claimants have both come to this court. The claimants have filed the instant M.A. No. 885 of 1999 and the insurer has filed Civil Revision No. 2057 of 1999 against the same award. The claimants' prayer is for enhancement. Insurer submits in the revision that claim was hopelessly barred by limitation and it ought not to have been entertained by the Claims Tribunal, hence revision be allowed and the award set aside.3. Before adverting to the legal questions involved, the facts relevant for deciding the present appeal/revision be stated: One Babulal Kewat died in an accident occurred on 9.10.1990. The claim petition was preferred by the widow and three minor children of the deceased besides Janmati, his mother. Babulal was going in jeep No. MBL 7683 to Bilaspur. When the jeep reached near Nariyara turning, truck No. MBL 6130, driven by Chhotelal in a rash and negligent man...
Tag this Judgment!Court : Madhya Pradesh
Reported in : III(2003)ACC743
Arun Mishra, J.1. Union of India has filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987, aggrieved by the award dated 24.3.1999 passed by the Railway Claims Tribunal, Bhopal in O.A. No. 424 of 1997.2. The Claims Tribunal has awarded a sum of Rs. 1,80,000/- as compensation to the respondent-claimant for amputation of her left arm above elbow. Mulko Bai had met with an accident on 17.5.1991 when she fell down from a train at Sanchi Railway Station in between Beena and Bhopal, train overran her resulting in the said injury. The case has a chequered history. The claim petition was filed before the Claims Tribunal on 25.1.1993. It appears that the Claims Tribunal vide order dated 14.12.94 ordered the claim petition to be transferred to the Civil Court for its trial. The case was transferred to the civil Court for trial before the 4th Addl. Sessions Judge. Later on an objection was raised by the Union of India about the jurisdiction of Civil Court to try the c...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT54
ORDERS.P. Srivastava, J. 1. Hakim Aaga Ali Ahmed, since deceased and now represented by his heirs and legal representatives, had filed the present writ petition feeling aggrieved by the order dated 16-7-1990 passed by the First Appellate Court whereunder it had dismissed his appeal challenging the judgment and order passed by the executing Court dated 16-11-1981, whereby rejecting his objections filed under Order 21 Rule 90, CPC, the sale of his residential house for satisfying a decree passed in the original Civil Suit No. 120-A/71 for the recovery of an amount of Rs. 1,598/- had been upheld. The heirs and legal representatives of the sole petitioner, since deceased, have prayed for the quashing of the aforesaid orders including the impugned proceedings relating to the auction sale held by the executing Court.2. The original record relating to the execution proceedings had been summoned by this Court. I have heard the learned counsel for the parties and have carefully perused the reco...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2008(117)FLR827]; (2008)IIILLJ186MP
Viney Mittal, J.1. The petitioner before this Court is a society running a private aided educational institution. It has challenged a circular dated July 17, 2000 (Annexure-D), whereby it has been laid down that the provident fund with regard to the employees of aided institutions with effect from August 1,1982, would be the responsibility of the management of the institution itself and not of the State Government.2. The facts on record depict that the petitioner-society runs a school in the name of Shri Kamla Nehru Balika Uchchatar Madhyamik Vidyalaya, Indore. The school run by the petitioner-society receives grant-in-aid from the State Government. Under the provisions of the then Central Provinces and Berar Education Manual, 1928, there was a' scheme for constituting a provident fund for teachers in non-pensionable service. The proportion of contribution to be paid by the teachers was specified. The contribution by the Government and by the management of the school was also detailed....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ452
ORDERS.K. Dubey, J.1. The judgment-debtors have approached this Court for the sixth time, aggrieved of an order passed on 10-8-1990 by the executing Court in Execution Case No. 8-A/1983x83, complaining that the executing Court illegally did not decide the objection under Section 47, Civil Procedure Code, about the executability of the decree, which according to the judgment-debtors, is a nullity.2. The execution case arose out of a decree passed in a suit instituted by the wife of judgment-debtor No. 1, who has deserted her. The suit was for recovery of the articles worth Rs. 80,000/-, which were illegally retained by the husband. The plaintiff averred that her marriage with judgment-debtor No. 1 took place on 25th September, 1981, according to Muslim rites by Nikah' in which Mahr (dower) of Rs. 20,500/- was agreed upon by judgment-debtor No. 1; because . the husband misbehaved with her, ill-treated her and created such circumstances that it was impossible for her to live with the husb...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. The petitioner, who is a Patwari of Revenue Circle Bahoriband, Patwari Halka No.23/38 of Village Udaipur, by way of the instant petition has assailed the legal validity of order dated 10.7.2006 passed by the Sub Divisional Officer, Sihora by which the petitioner's services as Patwari have been terminated and order dated 16.10.2007 passed by the Collector dismissing his appeal. 2. It is stated by the learned counsel for the petitioner that the petitioner has filed a second appeal before the Commissioner, Jabalpur Division which is pending adjudication but as the very initiation of proceedings and the order of termination of the petitioner is without jurisdiction and authority of law, as held by this Court in the case of Vinod Kumar Khare vs. State of M.P. And Others, reported in ILR (2008) M.P. 1436 and the judgment in the case of Phulloo Ram Kol vs. State of M.P. And Others, W.P No.8777/2003 decided on 25.9.2008, the petitioner has filed the present petition during the pendency of t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2006)204CTR(MP)298
ORDERA.M. Sapre, J.This is an appeal filed by the assessee under section 260A of the Income Tax Act, 1961 (hereinafter for brevity called 'the Act'), against an order dated 9-4-2001, passed by Tribunal, Indore in ITA No. 111/Ind/1996. This appeal was admitted for final hearing on following substantial question of law :'Whether penalty under section 271D which was brought on the statute book with effect from 1-4-1989 could have been imposed on the assessee in respect of transactions taken place prior to 1-4-1989 ?'2. Facts of this appeal lie in a narrow compass. However, they need to be taken note of in brief coupled with the legal changes brought about in relevant sections applicable to the facts of this case.3. The appellant is an assessee under the Income Tax Act and is being assessed as such. The dispute in this case relates to assessment year 1989-90 which corresponds to previous year ending on 31-3-1989 i.e., 1-4-1988 to 31-3-1989.4. It is not in dispute that assessee during the p...
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