Madhya Pradesh Court April 1987 Judgments
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New India Assurance Company Ltd. Vs. Kishori S/O Asharam and ors.
Court: Madhya Pradesh
Decided on: Apr-03-1987
Reported in: I(1988)ACC267; 1991(0)MPLJ377
B.M. Lal, J.1. By this Miscellaneous Appeal presented Under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act') the appellant New India Assurance Co. Ltd. raises question as to the scope of the provision of Section 95(2)(b)(ii) of the Act, in the award passed by the Accident Claims Tribunal, Damoh in favour of the claimant/respondent No. 1 making the appellant and respondents Nos. 2 and 3 jointly and severally liable to pay Rs. 37,500/- with interest at the rate of six per cent per annum from the date of claim petition till realisation and further making the appellant primarily liable to pay the whole amount.2. Before dealing with the point in issue it is necessary to elucidate a few facts of the case as to how the provisions referred to above in the Act have been challenged.3. One Asharam, father of respondent No. l/claimant Kishori, met with an accident on 12-5-1983 and succumbed to death. He on the alleged fateful day boarded the overcrowded bus afte...
Hukumchand Agarwal Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-02-1987
Reported in: 1988CriLJ1587; 1987MPLJ636
K.N. Shukla, J.1. Following question has been referred by one of us (Shukla, J.) for opinion.Whether on facts of the instant case the appeal under Section 6C of the Essential Commodities Act lay before the Sessions Judge,or the State Government?2. Brief facts as stated in the order of reference are as follows:On 18-4-1980, Dy. Collector Raigarh inspected the shop and godown of the applicant at Gharghoda and reported certain irregularities. Collector, Raigarh issued a notice under Section 6B of the Act to the applicant.in respect of alleged irregularities. Not being satisfied with the explanation submitted by the applicant, he passed an order. dated 26-2-1981 confiscating the entire stock of rice and wheat under Section 6A of the Act for contravention of Clause (3) of the M.P. Food Grains Dealers Licensing Order, 1965.The applicant filed an appeal before.; Sessions Judge, Raigarh under Section 6C of the Act. The learned Sessions Judge by order dated.3-11-1982 set aside the order of conf...
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