Madhya Pradesh Court December 1990 Judgments
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Kale Khan S/O Gulab Khan Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Dec-07-1990
Reported in: 1991(0)MPLJ604
S.K. Dubey, J.1. This Appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short the 'Act') by the claimant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Shivpuri, in Claim No. 16/84, directing to pay compensation of Rs. 15,000/- with interest at the rate of 12% p.a. for the death of one Kaloo Bai, the claimant's wife who died in a motor accident by the use of motor vehicle No. MPG 8140 on 27-4-1984.2. The Tribunal found that the deceased was a non-earning old disabled lady of 55 years of age having a hunch-back, hence a minimum amount of compensation fixed under Section 92-A of the Act, for 'no fault liability' cases was awarded.3. Shri N. D. Singhal, counsel for the appellant, took this Court to the statements of Kale Khan, P.W.1 and Kashiram, P.W.2, wherein the witnesses have stated that the deceased was getting monthly pension from the Government fixed for handicapped or disabled persons. Besides, the deceased was also earning Rs. 5 t...
imratsingh S/O Bhaboot Singh Vs. Prabhulal S/O Narayansingh Raghuvansh ...
Court: Madhya Pradesh
Decided on: Dec-07-1990
Reported in: 1993(0)MPLJ400
S.K. Dubey, J. 1. This miscellaneous second appeal under Section 100 read with Order 21, Rule 58, Civil Procedure Code, against an order dated 15-4-1981, passed in Misc. Civil Appeal No. 10/1990 by District Judge. Guna, confirming an order of Civil Judge, Class I, Guna, passed on 11-8-1980, rejecting the objections of the appellant under Order 21. Rule 58. Civil Procedure Code.2. Admitted facts in the case are that respondent No. 1 obtained a decree against respondent No. 2 in Civil Suit No. 22-A/1974; the said decree was put in execution; before the property in dispute could be attached, on 31-8-1974 respondent No. 2/Judgment-debtor entered into an agreement to sell and a sale-deed was executed and registered on 15-6-1978 by respondent No. 2 in favour of the appellant. In execution of the decree the property so conveyed by alienation was attached on 24-1-1976. The appellant preferred objections under Order 21, Rule 58, Civil Procedure Code, on 23-3-1979 in M.J.C. No. 3/1979. After adj...
Kale Khan Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Dec-07-1990
Reported in: 1991ACJ1049
S.K. Dubey, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') by the claimant for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Shivpuri, in Claim No. 16 of 1984, directing to pay compensation of Rs. 15,000/- with interest at the rate of 12 per cent per annum for the death of one Kaloo Bai, the claimant's wife who died in a motor accident by the use of motor vehicle No. MPG 8140 on 27.4.1984.2. The Tribunal found that the deceased was a non-earning old disabled lady of 55 years of age having a hunchback, hence a minimum amount of compensation fixed under Section 92-A of the Act, for 'no fault liability' cases was awarded.3. Mr. N.D. Singhal, counsel for the appellant, took this court to the statements of Kale Khan, PW 1 and Kashiram, PW 2, wherein the witnesses have stated that the deceased was getting monthly pension from the Government fixed for handicapped or disabled persons. Besides, the deceased was also e...
Bansilal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-06-1990
Reported in: I(1991)DMC429
V.D. Gyani, J.1. Both these petitions relate to the same matter praying for cancellation of bail grunted to the accused non-applicants. M. Cr. C. 1442/90-a letter petition which Bansilal - the complainant, has preferred before this Court, while M. Cr. C. 1314/90 has been preferred through his counsel. Both these petitions are heard together and are being disposed of by a common order.2. Shri Jaisingh, learned counsel for the petitioner and Shri S.L. Garg with Shri S.S. Garg, learned counsels for the accused-respondents, are heard.3. Short facts giving rise to these petitions may now be noted : Sangita, the daughter of the complainant-petitioner Bansilal, was married to Rajmal @ Rajendra s/o Prabhulal -- non-applicant No. 2. This marriage was solemnised on 5th June, 1990 at Bhasoda Mandi, District Mandsaur. Just within live days of the marriage, it is alleged that Sangita was so much tortured for dowry, that she, on 10-6-1990, committed suicide by setting fire to herself. Her father, ho...
Ramesh Chand JaIn and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-05-1990
Reported in: 1991(0)MPLJ448
ORDERB.M. Lal, J.1. The applicants Ramesh Chand Jain, P. C. Jain and Raj Kumar Jain have come up before this Court for quashing the order impugned dated 8-2-1990, whereby the Special Judge, Jabalpur has framed charges against them (along with eight other accused persons) for the offences punishable Under Sections 5(2)/5(l)(d) of the Prevention of Corruption Act and Under Sections 120B, 468 and 471 of the Indian Penal Code.2. The charges against these applicants are that they are partners of M/s. Bhilai Motors, Raipur; this partnership firm was formed in the year 1980; one Subhash Chand Jain, co-accused, is also one of the partners of the said firm; the firm is dealing in supply of Tata Vehicles (Trucks) to individual buyers, Corporations and Government. It is alleged that on 30-9-1980, Manik Chand and Dhanjo Bai, co-accused, formed a company styled as M/s. United Goods Carriers; on the same day Rajesh Jain and L. N. Singh (co-accused) also formed a company M/s. Bilaspur-Raipur Transpor...
New India Assurance Co. Ltd. Vs. Jandelsingh and ors.
Court: Madhya Pradesh
Decided on: Dec-05-1990
Reported in: 1992ACJ541
S.K. Dubey, J 1. Counsel state that instead of be disposed of finally. With the consent of passing any order on LA. for stay, the appeal the counsel, the appeal is heard finally.2. Short contention raised by Mr. K.B. Chaturvedi is that, though the said vehicle was insured with the appellant company, insured is different and for that the claimants have moved an application for impleading him as a party, and, therefore, the Tribunal may pass order under Section 92-A of the Motor Vehicles Act after insured is noticed, though in compliance of the previous order passed on 1.9.1989, the appellant has deposited Rs. 7,500/- only on 26.6.1990.3. In my opinion, Mr. R.D. Goyal has rightly submitted that the insurer, as shown in certificate of insurance, was impleaded and at the time of hearing of the application under Section 92-A of the Motor Vehicles Act, 1939 the appellant did not object. The certificate of insurance was not denied but it was contended that the registered owner is Bindrawansin...
New India Assurance Co. Vs. Jandel Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-05-1990
Reported in: I(1991)ACC541
S.K. Dubey, J.1. Counsel state that instead of passing any order on LA. for stay, the appeal be disposed of finally. With the consent of the Counsel, the appeal is heard finally.2. Short contention raised by Shri Chaturvedi is that, though the said vehicle was insured with the appellant/Company, insured is a different have moved an application and for that the claimants have moved an application for impleading him as a party, and therefore, the Tribunal may pass order under Section 92-A of the Motor Vehicles Act after insured is noticed though in compliance of the previous order passed on i.e. 1989, the appellant has deposited R& 7, 500/- only on 26.6.1990.3. In my opinion, Shri R.D. Goyal has rightly submitted that the insurer, as shown in certificate of insurance was impleaded and at the time of hearing of the application under Section 92-A of the Motor Vehicles Act, the appellant did not object. The certificate of insurer was not denied but, it was contended that the registered owne...
Suresh Vs. Chandabai and ors.
Court: Madhya Pradesh
Decided on: Dec-05-1990
Reported in: II(1991)ACC437
A.G. Qureshi, J.1. This appeal is directed against the award passed by the learned Second Motor Accidents Claims Tribunal, Indore in claim case No. 110 of 79 dated 23.3.1981, wherein the learned Member awarded Rs. 9000/- to respondents Nos. 1 to 6 and interest at the rate of 6 per cent per annum from the date of the application against the appellant and respondent No. 7 and discharged the Insurance Company, respondent No. 8 from liability.2. The facts leading to this appeal, in short, are that the respondents Nos. 1 to 6 filed a claim petition before the lower Tribunal on the allegation that on 28.5.1979 at about 5 p.m. when Harichand, who was the husband of respondent No. 1 and father of respondents Nos. 2 to 6 was going on the M.G. Road on the Shastri Bridge from Rajwada to Palasia, scooter No. MPI 9270, being driven rashly and negligently by the appellant, dashed against the deceased from behind due to which the deceased fell down, received injuries and succumbed to those injuries. ...
The New India Assurance Co. Ltd. Vs. Jandelsing and ors.
Court: Madhya Pradesh
Decided on: Dec-05-1990
Reported in: II(1991)ACC229
ORDERS.K. Dubey, J.1. Counsel stale that instead of passing any order on I.A. for stay, the appeal be disposed of finally. With the consent of the counsel, the appeal is heard finally.2. Short contention raised by Shri Chaturvedi is that, though the said vehicle was insured with the appellant/Company, insured is a different, have moved an application and for that the claimants have moved an application for implcading him as a parly, and therefore, the Tribunal may pass order under Section 92-A of the Motor Vehicle's Act after insured is noticed though in compliance of the previous order passed on i.e. 1989, the appellant has deposited Rs. 7,500/- only on 26.6.1990.3. In my opinion, Shri R.D. Goyal has rightly submitted that the insurer, as shown in certificate of insurance was implcadcd and al the time of hearing of the application under Section 92-A of the Motor Vehicles Act, the appellant did not object. The certificate of insurer was not denied but, it was contended that the registe...
Ranjeet Singh Vs. Harji Alias Hazari and ors.
Court: Madhya Pradesh
Decided on: Dec-04-1990
Reported in: AIR1991MP169; 1991(0)MPLJ495
D.M. Dharmadhikari, J.1. This is a second appeal by the plaintiff under Section 100 of the Civil P.C., against the judgment and decree of the two Courts below, dismissing the suit, holding that the Civil Court's jurisdiction is barred by the provisions of the M. P. Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (hereinafter referred to as 'the Adhiniyam').2. The necessary facts are as under. Respondent No. 1 Harji, claiming to be a member of the scheduled caste filed two applications on 27-2-1979 and 20-6-1973 to the Debt Relief Court, Sehore alleging that his agricultural land measuring 5.21 acres, village Konazir, tahsil Sehora was mortgaged on 20-6-1973 with the plaintiff as creditor, for a sum of Rs. 500/-, for a period of eight years and although the said loan stands satisfied from the profits derived by the creditor by cultivating that land, the land under mortgage was not returned to the debtor. The Debt Relief Court by its order passed on 24-10-1979 held ...
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