Madhya Pradesh Court September 1989 Judgments
National Airport Authority and ors. Vs. Vijaydutt
Court: Madhya Pradesh
Decided on: Sep-27-1989
Reported in: AIR1990MP326
K.L. Srivastava, J.1. This appeal is directed against the order dated 22-8-83 passed by the 7th Addl. Judge to the District Judge, Indore in C.S. No. 38-B/83 registered on the respondent's application under Section 8 of the Arbitration Act, 1940 (for short 'the Act'), whereby the latter's application under ORDER39, Rule 1-2, C.P.C., 1908 (for short the Code) read with Section 41 of the Act has been partly allowed.2. Circumstances giving rise to this appeal are these. In pursuance of the advertisement by the Union of India now represented by the National Airport Authority (the appellant No. 1), and its officers the Director General, Civil Aviation, New Delhi (appellant No. 2), the Regional Director and Estate Officer, Civil Aviation, Bombay (appellant No. 3) and the Aerodrome Officer, Civil Aerodrome Indore (the appellant No. 4) tender was invited for running the Indore AirportRestaurant for a period of three years from the date on which possession of the restaurant premises is handed o...
Tag this Judgment!Sobhagyamal Vs. Prakash Pharmaceuticals, Indore
Court: Madhya Pradesh
Decided on: Sep-27-1989
Reported in: AIR1990MP345
ORDERS.K. Dubey, J. 1. This revision under Section 23-E of the M. P. Accommodation Control Act, 1961 (for short, the 'Act') has been preferred by the landlord/petitioner, aggrieved of the order dated 26-8-1987, passed in Case No. 90(7) 110/85-86 by the Rent Controlling Authority, Indore (for short, the 'Rent Controller'), whereby the application under Section 23-A(b) of the Act for eviction of the tenant/ respondent from the non-residential accommodation, has been dismissed. 2. The circumstances giving rise to this revision are : The petitioner/ landlord filed an application under Section 23-A(b) of the Act for invoking the special jurisdiction conferred on the Rent Controller under Chapter III-A on the ground that the petitioner is a retired servant of the Life Insurance Corporation of India (for short, the 'Corporation') who falls within the definition of landlord for the purposes of Chapter III-A, as specified in Section 23-J of the Act. After service of summons, the respondent/tena...
Tag this Judgment!Dewas Municipal Corporation Vs. Abdul Haseeb Khan
Court: Madhya Pradesh
Decided on: Sep-27-1989
Reported in: 1990MPLJ594
R.K. Varma, J.1. This is a First Appeal filed by the defendant, Dewas Municipal Corporation against the judgment and decree dated 18-11-1987 passed by the IInd Addl. Judge to the Court of the District Judge, Dewas, in Civil Suit No. 11-A/83 whereby the plaintiffs suit for payment of subsistence allowance amounting to Rs. 30,000/- has been decreed.2. The material facts giving rise to this appeal, briefly stated, are as follows: -While the plaintiff was working as a Tax Collector in the service of the defendant-Corporation, he was charged with the offence of embezzlement and a criminal case was instituted against him. He was placed under suspension on 30-6-1987 and a Departmental Enquiry was also instituted against him. On completion of the Departmental Enquiry, he was removed from service of the Corporation by Order dated 19-6-1975. The plaintiff employee filed an appeal before the Collector, Dewas and a Second Appeal before the Commissioner, Ujjain which were dismissed. Thereafter, the...
Tag this Judgment!Tehmras Kharodi Vs. Tehamtan M. Thanewala
Court: Madhya Pradesh
Decided on: Sep-27-1989
Reported in: 1990MPLJ709
ORDERS.K. Dubey, J.1. The defendant/tenant has preferred this second appeal against the judgment and decree dated 4th September, 1984, passed by Seventh Additional Judge to the Court of District Judge, Indore, in Civil Appeal No. 20-A/1983. confirming the Judgment and decree of eviction passed under section 20-AA of the M. P. Accommodation Control Act, 1961 (for short, the 'Act'), on 23-2-1983. in CS No. 108-A/1982 by Fifth Civil Judge, Class II, Indore.2. Brief facts leading to this appeal are: The appellant/defendant is a tenant of the suit accommodation (house) on monthly rent of Rs. 45/-. The plaintiff/respondent on 11-3-1982 instituted a suit and claimed a decree for eviction under section 20-AA, which was inserted in the Act from 7-4-1981, by M. P. Accommodation Control (Amendment) Act, 198.1. The plaintiff, as a retired Government servant, claimed possession of the suit accommodation on the ground that at the time of retirement, i.e., on 31-8-1980, the respondent was employed in...
Tag this Judgment!Phoolchand Garg Vs. Gopaldas Agarwal and ors.
Court: Madhya Pradesh
Decided on: Sep-26-1989
Reported in: AIR1990MP135
ORDERR.C. Lahoti, J.1. The defendants arc legal heirs of late Brijbhushandas Agrawal, who expired on 26-4-73. On 18-1-82, the plaintiff filed the suit for specific performance of a contract of sale alleging that late Brijbhushandas Agrawal entered into contract for selling the suit house for a consideration of Rs. 30,000/-in favour of the plaintiff and having secured an amount of Rs. 5,000/- by way of advance, executed an entry to that effect in the account hooks to the plaintiff and signed the same on affixing a revenue stamp on 11-11-72. Admittedly, plaintiff has been holding a shop (part of the suit house) on tenancy from late Brijbhushandas. In the written statements, filed separately by different sets of defendants, the plaint allegations have been denied and the entry dated 11-11-72 in the account books has been alleged to be false and fabricated one.2. During the course of the trial some of the defendants served a notice under Order 11, Rule 15/16 of the C.P.C. for inspection of...
Tag this Judgment!Babooram JaIn Vs. Life Insurance Corporation of India and ors.
Court: Madhya Pradesh
Decided on: Sep-26-1989
Reported in: 1991ACJ521; AIR1990MP351
R.C. Lahoti, J. 1. The plaintiff, whose suit for recovering the amount payable under a Life insurance Policy has been dismissed by the trial Court, has come up in appeal. 2. It is not disputed that late Nathuram submitted proposal No. 437357 dated 29-3-73 (Ex.D/3) for his Life Insurance Policy No. 284433006 dated 1-1-74 was prepared and issued to the deceased though the exact date of communication of the Policy is not known. The amount insured was Rs. 10,000/-. The premium instalments were payable half-yearly, in the months of March and September each year. Amounts of Rs. 329.10P. were paid by the deceased to the Life Insurance Corporation in respect of the premium instalments falling due in the months of March and September, 1973. Nathuram expired on 8-12-74. Plaintiff Baburam Jain is the nominee appointed by late Nathuram. 3. The case of the plaintiff is that consequent to the death of the late Nathuram, the Life Insurance Corporation was liable to pay the amount of the Policy to the...
Tag this Judgment!Navranglal Mittal Vs. National thermal Power Corporation Ltd. and anr.
Court: Madhya Pradesh
Decided on: Sep-26-1989
Reported in: 1990MPLJ126
ORDERD.M. Dharmadhikari, J.1. The order in the present petition shall also govern the disposal of Miscellaneous Petition No. 3842/1989 (Mis. Swastik Steels, Gwalior and Anr. v. National Thermal Power Corporation Ltd., Korba and Anr.) which is on the same subject matter and raises similar facts and questions of law.2. The petitioners in the two cases are business concerns. They are aggrieved by the alleged hostile discriminatory treatment meted out to them in the matter of sale of conveyor belts of various types and sizes by the respondent - National Thermal Power Corp. Ltd. which admittedly being an undertaking of Government of India is 'State' for the purpose of Article 12 of the Constitution. The petitioners complain that they have been arbitrarily excluded in the matter of due consideration of their tenders for the purpose of the disposal of the above goods, by the National Thermal Power Corp. Ltd. (shortly referred as N.T.P.C.) in selecting and accepting tender of the respondent No...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Ram Kumar Tamarakar and ors.
Court: Madhya Pradesh
Decided on: Sep-26-1989
Reported in: 1990MPLJ400
ORDERGulab C. Gupta, J.1. This is insurance Company's appeal under section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act), challenging its liability under award dated 30th August, 1988 passed by Shri M. M. Boari, Motor Accidents Claims Tribunal, Satna, in Motor Claim Case No. 9 of 1986.2. The respondent No. 1, Ram Kumar Tamrakar, preferred a claim under section 110-A of the Act for a sum of Rs. 50,000/-, on account of death of his son Rajesh Kumar, aged about 13 years killed in an accident caused by bus No. M.P.S. 5898 at Maihar-Satna Road on 3-7-1972. It was alleged by him that the said bus was insured by the appellant-Company for unlimited liability and was being driven in a rash and negligent manner. The appellant Insurance Company admitted that the bus was insured with them but denied that their liability was unlimited. According to them, their liability was limited to Rs. 5,000/- only for each passenger in view of the section 95(2)(b)(ii) of the Act. Th...
Tag this Judgment!Ramchandra Singh Jadon Vs. Satya Prakash Gupta
Court: Madhya Pradesh
Decided on: Sep-26-1989
Reported in: 1990MPLJ405
ORDERR.C. Lahoti, J.1. This is a revision preferred under section 23-E of M.P. Accommodation Control Act, 1961 as amended by Act No. 27/83 by the landlord aggrieved by an order of the Rent Controlling Authority, Gwalior dismissing his application for ejectment of the tenant/non-petitioner under section 23-A(b) of the Act.2. It is not disputed that the suit accommodation is non-residential. It is held by the defendant/non-petitioner tenant of the plaintiff/petitioner. The plaintiff was in Government Service wherefrom he has retired. He has an unmarried daughter by name Mangala, of about 25 years of age.3. The case of the petitioner has been that the daughter does not any longer wish to marry and the plaintiff and his daughter Mangala, both being unemployed for the present, propose to start their own business of stationery and books in the suit accommodation for which purpose they do not have any other accommodation of their own available within the Corporation limits of Gwalior. The def...
Tag this Judgment!State of Madhya Pradesh Vs. Sushil Kumar
Court: Madhya Pradesh
Decided on: Sep-26-1989
Reported in: I(1990)ACC139; 1990ACJ848
S.D. Zha, J. 1. The appellant, State of M.P., challenges acquittal of the respondent Sushil Kumar of charge under Section 304-A by Judicial Magistrate 1st Class, Mandleshwar (West Nimar) by judgment dated 2.11.1985.2. The respondent accused was prosecuted for having on 15.10.1982 rashly or negligently driven a scooter on Badwaha-Mandleshwar public road and having caused injuries to pillion rider Sheikh Babukhan resulting in his death on 17.10.1982 at Choithram Hospital, Indore.3. The respondent accused pleaded not guilty to charge under Section 304-A, Indian Penal Code. Respondent in his examination stated that the scooter was being driven by deceased Sheikh Babukhan, it was running at normal speed. Suddenly scooter's piston got jammed and the scooter fell down. He did not examine any witness in defence.4. The learned Judicial Magistrate found that the accused was driving the scooter but it was not proved that he did so rashly or negligently and he acquitted the accused.5. Mr. Pawaneka...
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