Madhya Pradesh Court August 1987 Judgments
Smt. Malti Vishwakarma Vs. Sunder Transport Co., Rewa and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1987
Reported in: II(1988)ACC565; AIR1988MP215; 1988MPLJ213
Ram Pal Singh, J. 1. This order shall also dispose of M. A. No. 74/81 (Smt. Nirmala Tiwari v. Tekchand). In both these appeals Under Section 110D of the Motor Vehicles Act, the claimants/appellants have challenged the correctness and legality of awards passed by the Motor Accidents Claims Tribunal, Satna, in Claim Cases Nos. 63 and 64 of 1977 by judgment dated 3-11-80.2. On 22-8-76 a passenger Bus No. M.P.A. 2983, whose registered owner is respondent No. 1. was proceeding with passengers from Satna to Govindgarh via Bela. The bus is alleged to be over-loaded and is said to be carrying more than hundred passegers. When it passed the embankment road of Lilji dam, beyond Bela towards Govindgarh at or about 11-30 a.m., the front tyres which were not only weak, old and remoulded, suddenly burst and the bus swerved towards dam, fell in the water. The bus was also allegedly being driven rashly and negligently by respondent No. 2. The result was that more than 90 men, women and children died i...
Tag this Judgment!Mangilal Vs. Bangmal and anr.
Court: Madhya Pradesh
Decided on: Aug-31-1987
Reported in: 1988CriLJ1905
ORDERK.L. Shrivastava, J.1.This revision petition is directed against the order dt. 9-1-1986 passed by the 1st Additional Sessions Judge, Shajapur whereby setting aside the order passed by the learned Sub-Divisional Magistrate, Sarangpur he has ordered that the proceedings under Section 145 of the Criminal Procedure Code, 1974 (for short 'the Code') be dropped.2. Circumstances giving rise to the revision petition are these. On information laid before him that a dispute relating to the possession of the house property situate at Sarangpur, between one Chandmal and the present non-applicant 1 Bagmal likely to cause a breach of peace exists, the learned Sub-Divisional Magistrate initiated proceedings under Section 145 of the Code and passed a preliminary order under Sub-section (1) thereof on 12-10-83.3. The present petitioner Mangilal is the successor in title of the said Chandmal.4. During the pendency of the proceedings aforesaid the non-applicant 1 Bagmal on 11-4-84 filed an applicati...
Tag this Judgment!The Central Co-operative Bank Ltd., Raisen and anr. Vs. the Board of R ...
Court: Madhya Pradesh
Decided on: Aug-27-1987
Reported in: AIR1988MP1; 1987MPLJ768
N.D. Ojha, C.J. 1. Petitioner No. 1 is the Central Co-operative Bank Ltd., Raisen whereas petitioner No. 2 is Gramin Sewa Sahkari Samiti, Bankhedi. Respondent No. 4 Moolchand Shrivastava was employed as Samiti Sewak in the Gramin Sewa Sahkari Samiti, Bankhedi. In pursuance of the disciplinary proceedings initiated against him, an order dismissing respondent No. 4 from service was passed on 10-8-1979. Aggrieved by that order, respondent No. 4 raised a dispute under SECTION 55(2) of the M. P. Cooperative Societies Act, 1960 (hereinafter referred to as the Act); by an order dated 17-12-1981, this dispute was decided in favour of respondent No. 4 by the Assistant Registrar, Co-operative Societies, Raisen. The Assistant Registrar came to the conclusion that the order of dismissal passed against respondent No. 4 on 10-8-1979 was illegal inasmuch as he was not given proper opportunity to defend himself. Against that order, an appeal was preferred by the petitioners before the Joint Registrar,...
Tag this Judgment!Central Co-operative Bank Ltd. Vs. Shibbulal and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1987
Reported in: AIR1988MP3; 1987MPLJ766
N.D. Ojha, C.J.1. This writ petition has been filed by the Central Co-operative Bank Ltd. Raisen. The order which is sought to be quashed in the present writ petition is an order passed by the Board of Revenue, M. P. Gwalior, respondent No. 4 whereby an order of termination of service of respondent No. 1 was set aside. It was held that even though the order was of termination of services of respondent No. 1 simpliciter, if the background in which it was passed is looked into, it was apparently an order of punishment. In this connection it has been pointed out by the Board of Revenue that certain charges were framed against respondent No. 1 and he was required to give a reply to those charges, but subsequently the disciplinary proceedings were dropped and an order of termination of services of respondent No. 1 was passed. In the alternative, the Board of Revenue has further held that even if it was taken to be an order of termination of services simpliciter, it was had inasmuch as one m...
Tag this Judgment!Sajeda Bano and ors. Vs. Mushir Mohammad Khan
Court: Madhya Pradesh
Decided on: Aug-27-1987
Reported in: 1993(0)MPLJ684
Gulab C. Gupta, J.1. This is plaintiff's appeal under Section 100 of the Code of Civil Procedure and is directed against the judgment and decree dated 21-12-1982, passed by V Addl. Judge to the Court of District Judge, Bhopal in Civil Appeal No. 17-A of 82, arising out of the judgment and decree dated 5-7-1979, passed by II Civil Judge, Class II, Bhopal in Civil Suit No. 57-A of 77.2. The dispute between the parties is about a house situated in Gali Masjid Peerji in Ibrahimpura, Bhopal. It is not in dispute that this house was owned by the appellant, Aziz Rehman who purchased the same for a valuable consideration of Rs. 3,000/- on 24-2-1949 by a registered sale-deed, Ex.P-1, on 28-12-1955 a sale-deed in respect of this very house was executed by the appellant in favour of respondent, Mushir Mohammad Khan for a valuable consideration of Rs. 1,000/- only. This sale-deed was, however, not registered on that date (Ex.P-2). On 3-1-1956, the appellant executed a rent note in relation to this...
Tag this Judgment!Mukhtiyar Vs. M.P. State Road Transport Corporation and anr.
Court: Madhya Pradesh
Decided on: Aug-27-1987
Reported in: II(1987)ACC413
R.K. Varma, J.1. This order shall also govern the disposal of Misc. Appeal No. 114/1984 (M.P.S.R.T.C. v. Mukhtyar and Anr.).2. This is an appeal by the claimant-injured against the award dated 12-1-1984 passed by the Third Additional Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 206/1981 whereby the learned Tribunal has awarded compensation of Rs. 14,000/- to the claimant-appellant together with interest @ 9% per annum from the date of the claim petition till realisation.3. The facts giving rise to this appeal, briefly stated, are as follows:On 11-4-1981 at about 1.30 p.m. a truck bearing registration No. MPN 3920 and being driven by the appellant on the road between Dhamnod and Indore, when it approached a place known as Sardarji Ka Dhaba, collided with a bus bearing registration No. MPN 7413 belonging to the Corporation-respondent No. 1, which was coming from the opposite direction, as a result of which the Cabin of the truck was smashed and the right leg of the ap...
Tag this Judgment!Ravindranath and ors. Vs. Panna Lal and ors.
Court: Madhya Pradesh
Decided on: Aug-26-1987
Reported in: AIR1988MP100
T.N. Singh, J.1. Satte-pe-satta or double wager of the auction-purchaser, it is seriously complained by appellants, has perverted judicial process. He has withdrawn the purchase-money. Decree-holder has been paid off. Why auction-purchasers' unjust enrichment must take place under a defunct judicial writ?2. Contentions aforesaid are pivotal and common to the decision to be rendered in the two appeals and indeed for the self-same reason tbe appeals are heard analogouslythough the older one, S. A. No, 107 of 1975, raises other important questions of law also and is, therefore, being treated first. It arises out of a suit, instituted on 3-5-65, praying, inter alia, for a declaration that the house 'Shobha Bhawan' attached in Execution Case No. 67 of 1960 of the court of Civil Judge, Morena, was not liable to be sold in public auction and that attachment and auction sale of that house were illegal, inoperative in law and void.3. During last twenty-seven years of travail the journey which p...
Tag this Judgment!Shakti Bhandar Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Aug-26-1987
Reported in: [1987]67STC452(MP)
N.D. Ojha, C.J.1. The Tribunal constituted under the M. P. General Sales Tax Act, 1958, (hereinafter referred to as 'the Act') has referred the following question to this Court for its opinion :Whether, on the facts and circumstances of the case, the Tribunal was justified in dismissing the second appeal holding that the date of presentation and not the date of posting is material for consideration of the limitation of the appeal 2. The facts in a nut-shell necessary for answering the aforesaid question are that the order of assessment passed by the Additional Sales Tax Officer, against the assessee was served on the assessee-applicant on 1st February, 1979. The period of limitation for preferring an appeal against the said order as contained in Section 38(4) of the Act is 30 days from the date of communication of the order against which the appeal is to be filed. The period of 30 days calculated from 1st February, 1979 was to expire on 3rd March, 1979. The assessee sent the memorandum...
Tag this Judgment!Hariprasad Anandkumar Vs. the Board of Revenue
Court: Madhya Pradesh
Decided on: Aug-26-1987
Reported in: 1988MPLJ170; [1988]68STC77(MP)
N.D. Ojha, C.J. 1. Aggrieved by the order of the Tribunal constituted under the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as 'the Act') passed in these second appeals, the petitioner made three applications before the Tribunal under Sub-section (1) of Section 44 of the Act for referring certain questions to this Court for its opinion. These applications were dismissed by the Tribunal on the ground that since they were not accompanied with certified copies of the order of the Tribunal passed in the second appeals, they were not maintainable. The order of the Tribunal is dated 14th May, 1982, a copy whereof is annexed as annexure C to the petition. It is this order which is sought to be quashed in the present writ petition. A further prayer has been made for issuance of a writ of mandamus directing the Tribunal to consider the reference applications on merits and pass suitable orders thereon.2. It has been urged by the learned counsel for the petitioner that the...
Tag this Judgment!Sama and ors. Vs. Yusuf and ors.
Court: Madhya Pradesh
Decided on: Aug-26-1987
Reported in: II(1987)ACC440
R.K. Varma, J.1. This order shall also govern the disposal of Misc. Appeal No. 329/1983 (Iliyas and Anr. v. Smt. Sama and Ors.).2. This is an appeal filed by the claimant-dependants of the deceased Navla against the award dated 29-7-1983 passed by the Member, Motor Accident Claims Tribunal, Jhabua in Claim Case No. 18/1982 whereby the learned Tribunal has awarded Rs. 9,000/- ai compensation for the death of the deceased by accident.3. Facts giving rise to this appeal, briefly stated, are as under;--4. On 8-1-1982, while Navla was going on a cycle, reached the boundary of villages Khejda and Machhlimate at about 2.00 p.m., a truck bearing Registration No. MPN 3040, which was being driven by the driver-respondent No. 1 Yusuf, dashed against him with the result that the deceased Navla got crushed and died on the spot.5. On a claim petition having been filed by the appellant-claimants who are dependants of the deceased, the learned Tribunal has, on appreciation of evidence adduced in the c...
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