Madhya Pradesh Court June 1989 Judgments
Daulat Singh and anr. Vs. Tulsiram and anr.
Court: Madhya Pradesh
Decided on: Jun-30-1989
Reported in: AIR1990MP348; 1990MPLJ129
T.N. Singh, J. 1. Defendants have instituted this second appeal, as the Court of appeal below has reversed the findings as also the judgment and decree passed by the trial Court. The suit was for restoration of possession and permanent injunction, which was dismissed and in the appeal that was decreed. 2. There can be no doubt that any question germane for decision in this appeal is concluded by findings of fact by the Court below. The trial Court disbelieved the evidence adduced by the plaintiff in support of his case that they had been possessing the suit land continuously over 30 years, and their further case that they were joint owners of the land with Rajaram from whom they purchased his half share and had become full owners of the property has also been disbelieved. The defendants, according to the plaintiffs, started interfering with their possession on 21-7-1970, when they were putting up a construction. The suit was filed on 9-9-1970. 3. On re-appreciating the entire documenta...
Tag this Judgment!Kaluram Bhagwati Prasad (Firm) Vs. Balramdas Laxmi NaraIn (Firm)
Court: Madhya Pradesh
Decided on: Jun-30-1989
Reported in: 1991(0)MPLJ575
J.N. Singh, J.1. This is plaintiffs appeal whose suit apparently based on Section 56 of the Sale of Goods Act, 1930, for short, the 'Act', has been dismissed.2. With regard to the facts of the case which lie within a short compass, admitted fact is that the plaintiff and defendant were food grain merchants and there was a contract between them relating to sale of toor dal. The nature of the contract and conditions thereof being disputed, a few words have to be stated in regard to that controversy at the outset.3. At para 2 of the plaint, the genesis of the contract and its nature are not mentioned on which the trial Court has commented adversely against him though on that ground the suit was not dismissed. The only statement in para 2 of the plaint is that in July, 1973, defendant firm had contracted with the plaintiff firm to purchase 240 bags of toor dal at the rate of Rs. 230/- per bag F.O.R. Sabalgarh Station (Bilticut, tax-paid). Pursuant thereto the consignment was despatched und...
Tag this Judgment!Bhagwandas and anr. Vs. National Insurance Co. Ltd. and anr.
Court: Madhya Pradesh
Decided on: Jun-30-1989
Reported in: 1990ACJ495
K.K. Verma, J.1. This order shall dispose of this appeal, Misc. First Appeal No. 97 of 1985 (Bhagwandas v. National Insurance Co. Ltd.) and Misc. First Appeal No. 98 of 1985 (Bhagwandas v. National Insurance Co. Ltd.).2. Appellants in these three appeals are owners of the truck No. CPC 1996 which was involved in an accident on the Agra-Bombay Road, near the bridge of the Asan river, adjacent to the village of Chhoda, about 8 km. from the town of Morena, in the afternoon of 28th February, 1982. Phoola, wife of Ramchandra and their minor son Pappu, (aged 2 years), Rajuka, wife of Ram Prasad and Ram Prasad himself were travelling in the truck as passengers. The truck overturned. Of the aforementioned passengers, Phoola, wife of Ramchandra and their son Pappu and Ram Prasad's wife Rajuka died from the injuries received in the accident. Ram Prasad also received injury.3. Ramchandra filed two claim petitions before the Member of the Motor Accidents Claims Tribunal, Morena, on 26th August, 19...
Tag this Judgment!Bhimsen and ors. Vs. Vimladevi and ors.
Court: Madhya Pradesh
Decided on: Jun-29-1989
Reported in: II(1989)ACC469
V.D. Gyani, J.1. This Miscellaneous appeal under Section 110-D of the Motor Vehicles Act (for short, the Act) by the owners and driver of the vehicle, is directed against the award 21-3-1986, passed by the Member, Motor Accident claims Tribunal, Ujjain, in claim Case No. 25 of 1983, thereby awarding Rs. 62,596.35 as compensation.2. There are cross-objections filed by both, the Insurance Company as well as the claimants. Claimants have prayed for enhancement of rate of interest from 6% to 12% on the amount as awarded by the Tribunal.3. Shri Singh, learned Counsel appearing for the appellants has raised only one point for consideration in this appeal, which relates to employment of the driver. It was contended that the driver at the time of the accident was not in the employment of the bus-owners and as such, the owners could not be held liable. The same plea is raised in the cross- objection filed by the Insurance Company. Their contention was that the person who was driving the vehicle...
Tag this Judgment!K.K. JaIn and anr. Vs. Smt. Masroor Anwar and ors.
Court: Madhya Pradesh
Decided on: Jun-19-1989
Reported in: 1990ACJ299; AIR1990MP87; 1989MPLJ690
B.C. Varma, J.1. The'order in this appeal shall also dispose of Miscellaneous Appeal No. 49 of 1981 (The Oriental Fire & General Insurance Company Limited, New Delhi, v. Smt. Masroor Anwar and Ors.) and the cross-objection filed in Miscellaneous Appeal No. 49 of 1981.2. One Anwar Hussain was employed as technician in Bhilai Steel Plant. On 31-5-1976 at 11.00 A.M., he was proceeding on a bicycle towards Central Laboratory within the precinct of the plant. At the same time, Dumper No. 5 driven by Shri Rajendran and owned by Bhilai Construction Company of which Vinay Engineering Company appears to be a unit, was proceeding in the same direction. The two dashed knocking down the cyclist, viz., Anwar Hussain, who was immediately removed to the plant hospital where he was treated for his injuries for quite sometime before he succumbed to those injuries on 21-7-1976 in the hospital itself. The parents of the deceased then moved the Commissioner, Workmen's Compensation for award of compensatio...
Tag this Judgment!Dinesh Kumar Jaiswal and anr. Vs. the Collector, Jabalpur and ors.
Court: Madhya Pradesh
Decided on: Jun-19-1989
Reported in: AIR1990MP250; 1989MPLJ840
P. C. Pathak, J.1. This petition, under Articles 226 and 227 of the Constitution, has been filed for issue of a writ of certiorari to quash resolution dated 4-3-89, Annexure E, of the Cantonment Board and order dated 4-4-1989, Annexure P, of respondent No. 2, for issue of a writ of mandamus to respondents 1 to 4 to take appropriate steps to prevent alienation, waste or alterations of the trust property and to hold inquiry and formulating a scheme for administration of the trust and its property. The petitioners also pray for a writ of prohibition commanding respondents 1 to 4 to restrain respondents 6 to 9 from making reconstruction of shops 33-A and 33-D in Sadar Bazar, Cantonment, Jabalpur, which are in occupation of the petitioners as tenants of the trust.2. Late Maulana Malak Saheb of Nagpur created a public trust named 'Mehdi Bagh Public Trust, Nagpur'. Late Hijab A. Maulana was appointed as a trustee. His son was Late Khan Bahadur Maulana Mohammed Ebrahim Riza Malak (MEN Malak) w...
Tag this Judgment!Municipal Corporation Vs. Indore Textile Limited
Court: Madhya Pradesh
Decided on: Jun-19-1989
Reported in: 1990MPLJ281
ORDERS.K. Dubey, J.1. The petitioner Municipal Corporation, Ujjain (for short 'the Corporation'), has preferred this revision under section 392 of the M.P. Municipal Corporation Act, 1956 (Act No. XXIII of 1956) (for short 'the Corporation Act'), against the order dated 22-9-1984, passed in Miscelleneous Civil Appeal No. 10/84, whereby the IInd Additional Judge to the Court of the District Judge, Ujjain had held that the assessing authority of the Corporation was not competent to proceed with the assessment proceedings for imposing property tax in view of the notification issued by the Central Government under sub-clause (b) of section 18-FB(1) of the Industries (Development and Regulation) Act, 1951 (for short 'the Act') to assess and recover the tax during the duration of such notified order or till the duration is extended from time to time by further notified orders issued under section 18-FB(2) of the Act.2. The brief facts leading to this revision are thus: A textile Industry kno...
Tag this Judgment!Shivkali Bai and ors. Vs. Meera Devi and ors.
Court: Madhya Pradesh
Decided on: Jun-19-1989
Reported in: 1991(0)MPLJ102
P.C. Pathak, J.1. This judgment shall also govern the disposal of Second Appeal No. 566 of 1982 filed by Smt. Meera Devi (plaintiff) and Second Appeal No. 12 of 1983 filed by Nanhe Lal (defendant No. 4) against a common judgment and decree dated 18-10-1982 in Civil Appeal No. 21-A of 1981 of the Court of the Additional Judge to the Court of District Judge, Seoni, arising out of Civil Suit No. 69-A of 1979 of the Court of Civil Judge, Class I, Seoni and judgment and decree dated 17-1-1981.2. For convenience, the genealogy of the defendants is reproduced:- Roop Chand (died 1960) | --------------------------------------------- | | | Nanhe Lal Radhe Lal Sahiblal (dead) (Deft. No. 4) | Widow Shivkali Bai | (Deft. No. 3) | ----------------------------------------- | | Kanchan Singh Mohan Singh (Deft. No. 3) (Deft. No. 1) | Wife Maltibai (Deft. No. 5) | Son Santosh Kumar (Deft. No. 6) 3. Roop Chand had three sons, namely, Nanhe Lal, Radhe Lal and Sahib Lal. Sahib Lal predeceased Roop Chand...
Tag this Judgment!K.K. JaIn and anr. Vs. Masroor Anwar and ors.
Court: Madhya Pradesh
Decided on: Jun-19-1989
Reported in: II(1989)ACC514
B.C. Varma, J.1. The order in this appeal shall also dispose of Miscellaneous Appeal No. 49 of 1981 The Oriental Fire and General Insurance Company Limited, New Delhi v. Smt. Masroor Anwar and Ors. and cross-objection filed in Miscellaneous Appeal No. 49 of 1981.2. One Anwar Hussain was employed as technician in BhiLal Steel Plant. On 31-5-1976 at 11.00 A.M., he was proceeding on a bicycle towards Central Laboratory within the precinct of the plant. At the same time, Bumper No. 5 driven by Shri Rajendran and owned by Bhilal Construction Company of which Vinay Engineering Company appears to be a unit, was proceeding in the same direction. The two dashed knocking down the cyclist, viz. Anwar Hussain, who was immediately removed to the plant hospital where he was treated for his injuries for quite sometime before he succumbed to those injuries on 21-7-1976 in the hospital itself. The parents of the deceased then moved the Commissioner, Workmen's Compensation for award of compensation resu...
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