Madhya Pradesh Court February 1990 Judgments
ishwarlal Vyas Vs. District Judge and anr.
Court: Madhya Pradesh
Decided on: Feb-20-1990
Reported in: 1990MPLJ579
ORDERY.B. Suryavanshi, J.1. This is a petition under Articles 226/227 of the Constitution of India challenging the order dated 7-5-1987, and even earlier orders passed by the respondent No. 1, District and Sessions Judge, Indore, asking the petitioner to vacate the Gumti, premises previously allotted to the petitioner's father, an erstwhile Notary, late Shri Bhanwarial Vyas. The petitioner has also prayed that the premises, which are now in occupation of respondent No. 2, G. N. Vyas, Advocate/Notary be allotted to the petitioner and the possession status quo ante be restored.'2. It is not in dispute that the petitioner's father, (late) Shri Bhanwarlal Vyas was allotted a licence for land measuring 8' X10' in the District Court compound at Indore, vide allotment order dated 5-1-1979, passed by then District Judge. It was further stated in the allotment order that the allottee could construct a hutment for gumti temporarily for the use at a rate fixed by the P.W.D., which shall be regula...
Tag this Judgment!SalauddIn Vs. Raju and ors.
Court: Madhya Pradesh
Decided on: Feb-19-1990
Reported in: I(1991)ACC628
R.K. Verma, J.1. This order shall also govern the disposal of Misc. Appeal No. 111/85 (Raju v. Salauddinand Anr.), C.R. No. 194/85 (Abdul Gqffar v. Raju and two others) and C.R. No. 195/85 (Bafati v. Raju and two others).2. This is an appeal by the claimant-injured against the award dated 5.1.1985 passed by the Motor Accident Claims Tribunal, West Nimar, Nandleshwar in Claim Case No. 31/81, whereby the learned Tribunal has awarded a sum of Rs. 3, 500/- as compensation to the claimant with interest@ 6% per annum from the date of the claim petition (25.4.1981) till realization.3. The facts giving rise to this appeal and the connected cases, briefly stated, areas follows:On 16.12.1980, the appellant Salauddin and Abdul Gaffar and Bafati were going to weekly market for selling their goods and for that purpose they hired the mini-truck bearing registration No. CPF-9326, which they boarded along with the goods. On the way between Padlia and Jhirnya villages, the said mini-truck turned turtle...
Tag this Judgment!Madho Vs. Uttamvir Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-19-1990
Reported in: 1992ACJ65
R.C. Lahoti, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 by a claimant aggrieved by an award of the Tribunal whereby an amount of Rs. 5.040/- with interest at the rate of 6 per cent per annum from the date of the application has been awarded to him.2. It is not disputed that on 19.4.1982 the claimant/appellant was engaged as a cleaner on a truck (CPH 7886) owned by the respondent No. 1, driven by the respondent No. 2 and insured with the respondent No. 3 for an amount of Rs. 50.000/-. The truck met with accident on 19.4.1982 wherein the appellant suffered crush injuries of both the legs. The Tribunal has held that the cause of the accident was negligent driving of respondent No. 2. While assessing the quantum of compensation, the Tribunal held that the case of the appellant was covered by Schedule IV of the Workmen's Compensation Act whereunder the claimant should have been awarded an amount of Rs. 12,600/- only inasmuch as the loss of efficiency of the c...
Tag this Judgment!National Insurance Co., Jabalpur Vs. Sadhelal and anr.
Court: Madhya Pradesh
Decided on: Feb-15-1990
Reported in: II(1990)ACC499; 1991ACJ1024; AIR1990MP383; 1990MPLJ835
S.K. Seth, J. 1. The claimant-respondent No. 1's wife and daughter were stated to have died in a motor accident. In the claim for compensation made by the claimant-respondent No. 1, the respondent No. 2 was joined as the owner and the appellant was joined as the insurer of the vehicle. During the pendency of the proceedings, the Tribunal, vide its order dt. 24-4-89, directed the respondent No. 2 and the appellant jointly to pay an amount of Rs. 30,000/- to the claimant-respondent No. 1 as interim compensation for the two deaths under Section 92-A of the Motor Vehicles Act. Tt is being aggrieved by the said order, that the insurer-appellant has filed the present Misc. Appeal in this Court. 2. Now, it is not in dispute that the claimant-respondent No. 1's wife and daughter died in a motor accident. It is also not in dispute that the respondent No. 2 was the owner of the vehicle which was involved in the accident. In the said circumstances, the liability of an owner to pay interim compens...
Tag this Judgment!National Insurance Co. Vs. Smt. Savitri Bai @ Vaishakhia Bai and ors.
Court: Madhya Pradesh
Decided on: Feb-15-1990
Reported in: II(1991)ACC456; 1991(0)MPLJ46
ORDERS.K. Seth, J.1. One Santaram Satnami was stated to have died in a motor accident. In the claim for compensation made by the claimants-respondents 1 to 3, the respondent No. 4 was joined as the owner and the appellant was joined as the insurer of the vehicle. During the pendency of the proceedings, the Tribunal, vide its order dated 24-4-1989, directed the respondent No. 4 and the appellant jointly to pay an amount of Rs. 15,000/- to the claimants-respondents as interim compensation for the death of Santaram Under Section 92-A of the Motor Vehicles Act. It is being aggrieved by the said order, that the insurer-appellant has filed the present Misc. Appeal in this Court.2. Now, it is not in dispute that Santaram had died as a result of a motor accident and that the claimants-respondents 1 to 3 were his legal representatives. It is also not in dispute that the respondent No. 4 was the owner of the vehicle which was involved in the accident. In these circumstances, the liability of an ...
Tag this Judgment!National Insurance Co. Ltd. Vs. Savitri Bai Alias Vaishakhia Bai and o ...
Court: Madhya Pradesh
Decided on: Feb-15-1990
Reported in: 1991ACJ540
S.K. Seth, J.1. One Santaram Satnami was stated to have died in a motor accident. In the claim for compensation made by the claimant-respondent Nos, 1 to 3, the respondent No. 4 was joined as the owner and the appellant was joined as the insurer of the vehicle. During the pendency of the proceedings, the Tribunal, vide its order dated 24.4.1989, directed the respondent No. 4 and the appellant jointly to pay an amount of Rs. 15,000/- to the claimants-respondents as interim compensation for the death of Santaram under Section 92-A of the Motor Vehicles Act. It is being aggrieved by the said order that the insurer-appellant has filed the present Misc. Appeal in this court.2. Now, it is not in dispute that Santaram had died as a result of a motor accident and that the claimant-respondent Nos. 1 to 3 were his legal representatives. It is also not in dispute that the respondent No. 4 was the owner of the vehicle which was involved in the accident. In these circumstances, the liability of an ...
Tag this Judgment!Bhaskar Singh Raghuvanshi Vs. Harveersingh Raghuvanshi and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1990
Reported in: 1991(0)MPLJ557
ORDERShri R.D. Jain,, Counsel for the petitioner.Shri R.A. Roman, Deputy Government Advocate for the State1. The Additional Collector, Guna, as Election Tribunal under the M. P. Krishi Upaj Mandi Adhiniyam, 1973 has passed the impugned order, Annexure P-1. By that order, he has dismissed the Election Petition, holding that respondent No. 1 Harveersingh Raghuvanshi was an 'Agriculturist' within the meaning of the term defined in Section 2(1 )(b) of the M. P. Krishi Upaj Mandi Adhiniyam, 1973 (for short 'the Adhiniyam').2. Shri Jain, who appears for the petitioner, has challenged the finding of the Tribunal, submitting that the finding is perverse and is contrary to the amended definition of the term, which came on the statute book in the year 1985, from 25-7-1985. The Election in the instant case was held in October, 1985. There is definitely substantial force in the contention pressed by Shri Jain as support for that to be read in a D. B. Decision of this, Court in Maheshkumar v. Addl....
Tag this Judgment!Abdul Majid S/O Abdul Karim Vs. Kamrunnisa W/O Abdul Majid
Court: Madhya Pradesh
Decided on: Feb-14-1990
Reported in: 1990CriLJ2799
ORDERK.L. Shrivastava, J.1. This first revision petition by the husband is directed against the revisional order dated 29-7-88 passed by the V.A.S.J., Indore in Cr. Rev. No. 7/87.2. Circumstances giving rise to this petition are these:-- The N.A. on 26-7-78 as applicant's undivorced wife filed an application under Section 125 of the Code of Criminal Procedure, 1973 (for short the Code') for monthly allowance for her maintenance and the maintenance of her two daughters aged 3 and 5 years. It was stated in the application that on 18-4-1977 the applicant had kicked her out of the matrimonial home and later on 29-10-78 has married another woman.3. The allegations Were controverted by the applicant. One of the grounds of contest was that as the N.A. had been divorced on 17-4-77 she is not entitled for the claim in view of the provisions of the Muslim Women's (Protection of Rights on Divorce) Act, 1986 (for short the 'Act').4. The learned Magistrate by his order dated 29-10-87 dismissed the ...
Tag this Judgment!Commissioner of Income-tax Vs. Shri Manakram
Court: Madhya Pradesh
Decided on: Feb-13-1990
Reported in: 1990(0)MPLJ727
B.C. Verma, J.1. The Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred under Section 256(1) of the Income-tax Act, 1961, the following question for the decision by this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the income arising to the minor sons of the assessee from their admission to the benefits of partnership was not liable to be included in computing the total income of the assessee ?'2. The assessee in this case is one Manakram. The years of assessments are 1976-77 and 1977-78. Dilip Kumar and Suresh Kumar, two minor sons of the assessee, were admitted to the benefit, of the partnership firm by name 'Messrs. United Service Station, Patna'. Yet other two minor sons, Ashok Kumar and Brijlal, were admitted to the benefit of another partnership firm, styled as 'Messrs. Krishna Dal Mill'. The assessee himself was a partner in both these firms, as representative of the Hindu undivided family. The In...
Tag this Judgment!Dr. N.G. Rathi Vs. Ravishankar University and the Executive Council, R ...
Court: Madhya Pradesh
Decided on: Feb-13-1990
Reported in: 1991(0)MPLJ60
ORDERB.C. Varma, J.1. The petitioner, Dr. N. G. Rathi, was, at the relevant time in the year 1981, an Assistant Professor in the Department of Chemistry in the Government Science College, Raipur. For the University examination in March-April 1981, he was appointed a paper-setter and valuer of answer books, for the examination of B. Sc. (Final), Chemistry Paper-I. Earlier, he was likewise appointed paper-setter and examiner for various examinations held by other Universities, such as, Sagar University, Vikram University and Nagpur University. Certain newspapers complained (Annexures P-2A to P-2C) that a question paper has leaked out during the examination held by Ravi Shankar University in March-April 1981. Grievances of other kinds of malpractices during that examination were also published. This led the University authorities to make some enquiry into the matter. The petitioner was one of the persons, who was suspected of being involved in such malpractices and leakage of question pap...
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