Madhya Pradesh Court March 1990 Judgments
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Shankarlal Vs. General Manager, Central Railway and anr.
Court: Madhya Pradesh
Decided on: Mar-14-1990
Reported in: 1990ACJ1028; (1999)IIILLJ273MP
S.K. Dubey, J.1. The appellant, aggrieved of the award passed by the Commissioner for Workmen's Compensation, Gwalior, (for short 'the Commissioner') on September 8, 1959, awarding 25 per cent of the permanent total disability, has preferred this appeal under Section 30 of Workmen's Compensation Act, 1923, (for short 'the Act').2. The circumstances giving rise to this appeal are : The appellant, a Shunting Master in the Central Railway at Gwalior, during the course of his employment, on December 24, 1973, met with an accident, as a result of which he got a fracture in right tibia and fibula of right leg. He was treated in Railway Hospital and then in the J.A. Group of Hospitals, Gwalior for a period of five years for comminuted fracture lower 1/3rd tibia with a gap and a big septic wound in the lower third of right leg with loss of skin, projecting sequestrated bone pieces. During his treatment the appellant was also referred for skin-grafting and subsequent reconstructive procedures, ...
Ravendra Singh Vs. Kapsi Bai
Court: Madhya Pradesh
Decided on: Mar-14-1990
Reported in: II(1991)DMC422
B.M. Lal, J.1. Husband Ravendra Singh has filed this revision against the order dated 22.2.1989 whereby the learned Additional Sessions Judge Umariya, district Shehdol granted maintenance to the non-applicant Wife Smt. Kapsi Bai at the rate of Rs. 200/- per month with effect from 18.2.1986.2. The short facts leading to this revision are that, factum of legal marriage between the parties is not disputed. However, Smt. Kapsi Bai brought as action against her husband Ravendra Singh invoking the provisions of Sec. 125 Criminal Procedure Code alleging that Ravendra Singh is a man of sufficient means, despite that he started neglecting her and refused to maintain her and as such she is forced to lead a destitute life. However, Ravendra Singh denying the allegations made against him emerged with the plea that Smt. Kapsi Bai is not entitled for maintenance in view of her leading adulterous life. Therefore, taking resort to sub-Section (4) of Section 125 Criminal Procedure Code, contended that ...
Phariya Bricks Works (Firm) Vs. Malvendra Singh Amar Singh
Court: Madhya Pradesh
Decided on: Mar-14-1990
Reported in: 1990MPLJ371
ORDERT.N. Singh, J.1. In this Reference, we are required by the learned Single Judge to answer the following two questions framed by him:'(1) Whether in view of amendment in section 115, Civil Procedure Code, made by M.P. Act No. 29/84 an interim order passed by an appellate or revisional Court not finally disposing of the proceedings is open to revision by High Court?(2) Whether the law contemplates anything like an 'original order' passed by a superior Court in a pending appeal or revision as distinguished from an appellate or revisional order?'2. Indeed, the learned Judge (R. C. Lahoti, J.) was confronted with the question of maintainability of revision and decisions were cited before him by both sides. He found conflicting views expressed by this Court in the decisions cited and felt compelled to make a Reference. As regards facts, suffice to say this much for the purpose of disposal of this Reference that in the revision, an order passed by learned Additional District Judge under ...
New India Assurance Co. Ltd. and anr. Vs. Ramswaroop Katare and anr.
Court: Madhya Pradesh
Decided on: Mar-14-1990
Reported in: 1991ACJ591
R.C. Lahoti, J.1. The insurer and the owner have joined in filing an appeal against an award made by the Motor Accidents Claims Tribunal.2. A few relevant facts, not open to challenge at this stage and also not seriously challenged by the appellants, are that the injured claimant, respondent No. 1, was employed as a clerk in the Central Workshop of M.P. State Road Transport Corporation at Gwalior and was drawing a salary of Rs. 327.22 in the month of June 1980. On 26.6.1980 at about 6.45 p.m. he was riding pillion on a cycle ridden by Harimohan. At that time, a tempo driven by the respondent No. 2, owned by the appellant No. 2 and insured by the appellant No. 1 caused an accident resulting in the right leg of the respondent No. 1 being not only injured but also fractured. He was treated and plastered on the leg at J.A Hospital, Gwalior on 27.6.1980. Until 13.7.1980, he remained indoors. The plaster was removed on 27.8.1980 but the leg had to be replastered for a period of another three...
New India Assurance Company Limited and anr. Vs. Ram Swaroop Katare an ...
Court: Madhya Pradesh
Decided on: Mar-14-1990
Reported in: II(1991)ACC560
R.C. Lahoti, J1. The insurer and the owner have joined in filing an appeal against an award made by the Motor Accidents Claims Tribunal. A few relevant facts, not open to challenge at this stage and also not seriously challenged by the appellants, are that the injured claimant, respondent No. 1, was employed as clerk in the Central Workshop of M.P. State Road Transport Corporation at Gwalior and was drawing a salary of Rs. 327.22 in the month of June, 1980. On 26.6.1980 at about 6.45 p.m. he was riding pillion on a cycle ridden by Harimohan. At that time, a tempo driven by the respondent No. 2, owned by the appellant No. 2 and insured by the appellant No. 1 caused an accident resulting in the right leg of the respondent No. 1 being not only injured but also fractured. He was treated and plastered on the leg at J.A. Hospital, Gwalior on 27.6.1980. Until 13.7.1980, he remained indoors. The plaster was removed on 27.8.1980, but the leg had to be replastered for a period of another three m...
Ramchand Sharma and ors. Vs. Collector, Customs and Central Excise and ...
Court: Madhya Pradesh
Decided on: Mar-14-1990
Reported in: 1991(33)LC95(MP)
ORDERA.G. Qureshi, J.1. This is a petition filed by two petitioners jointly. Petitioner No. 1 carries on the business of stitching HDPE woven sacks and petitioner No. 2 carries on the business of printing HOPE woven sacks. According to the petitioners, on receiving orders from their customers they receive HDPE fabrics from the Manufacturers/dealers directed by the customers. The petitioners only do the job work of stitching and printing the sacks. In case the customers desire delivery outside Indore, then as per their instructions the sacks are despatched through the transport as directed by them. The Central Government in exercise of its powers conferred by Sub-rule (1) of Rule 8 of the Central Excise Rules 1944, has exempted woven sacks of polymers of ethylene or propylene or its combination thereof, falling under heading No. 46.01 or 63.01 of the Schedule from the whole of the duty of Excise specified in that Schedule vide notification No. 223/86-CE, dated 3.4.1986. The aforesaid no...
Dr. Pradeep Kumar Soni Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-13-1990
Reported in: 1990CriLJ2055
B.M. Lal, J.1. This is a petition under Section 438 Criminal P.C. 1973 (hereinafter referred to as the Cr. P.C.) for grant of anticipatory bail in the event of petitioner's arrest for offence punishable under S.376 Penal Code (hereinafter referred to as IPC).2. His case is that though he is a permanent resident of Jabalpur but at the relevant time was serving as Assistant Surgeon in Bhusawal Hospital, district Jalgaon (Maharashtra State), where case under Section 376 IPC is registered against him.3. The applicant moved an application before the learned Sessions Judge, Jabalpur who rejected the same, against which this petition is filed.4. Before entering upon merits of the case the short question arises in this petition'Whether a High Court can grant anticipatory Bail in respect of an offence committed or. registered outside its territorial jurisdiction?'5. Learned Counsel Shri H. S. Dubey appearing for the applicant contended that in exercise of jurisdiction under Section 438 Cr. P.C....
Dhurpatibai and anr. Vs. Rajendra Kumar and ors.
Court: Madhya Pradesh
Decided on: Mar-13-1990
Reported in: II(1990)ACC387
R.K. Verma, J.1. This is an appeal filed by the claimants against the award dated 2.8.1986 passed by the IIIrd Additional Motor Accident Claims Tribunal in Claim Case No. 55/83 whereby the appellants claimants have been held not entitled to any compensation in respect of the death of the deceased Baburao who died as a result of the Motor Accident which occured on 8.5.1983 on Subhash Marg. Indore, having been hit by the tempo bearing registration No. CPF. 7760 which was being driven by Santosh, respondent No. 2.2. The learned Tribunal had passed an interim award dated 1.8.1986 awarding Rs. 15,000/- on the principle of no fault liability under Section 92-A of the Motor Vehicles Act But, on the appreciation of evidence adduce^ in the case the learned Tribunal has found that it was not proved that the driver Santosh was driving the tempo rashly and negligently at the time of the accident and as such, the appellants' claim for compensation on the basis of fault has been negatived by the imp...
Babulal and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-12-1990
Reported in: 1991(0)MPLJ26
ORDERV.D. Gyani, J.1. Shri Sonavane for the petitioners. Shri S. M. Jain, Deputy Government Advocate for the State.2. They are heard on the petition Under Section 482, Criminal Procedure Code preferred by the petitioners praying for quashing of proceedings instituted against them Under Sections 107, 116, Criminal Procedure Code.3. The petitioners have placed on record photostat copy of the notice, Ex. P/5, calling upon them to appear before the said Court on 6-1-1990. A certified copy of the order dt. 6-1-1990 has also been placed on record. This order, as per the certified copy, has been passed by the Sub-Divisional Magistrate. The case number as given in the notice, Annexure-P/5 as well as the certified copy is the same - 256/89. The parties are also the same - State through P. S., Tukoganj v. Dhannalal s/o Chenaram.4. So far as notice, Ex. P/5 is concerned, it is apparent that if the proceedings were before the S.D.M., a Naib-Tahsildar cannot by any stretch of law direct issuance of...
Babulal and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-12-1990
Reported in: 1991CriLJ786; 1991MPLJ26
ORDERV.D. Gyani, J.1. Shri Sonavane for the petitioners, Shri S. M. Jain, Dy. Govt. Advocate for the State, They are heard on the petition Under Section 482, Cr. P.C. preferred by the petitioners praying for quashing of preceedings instituted against them Under Sections 107, 116, Cr. P.C.2. The petitioners have placed on record photostate copy of the notice, Ex. P/ 5, calling upon them to appear before the said Court on 6-1-90. A certified copy of the order dt. 6-1-90 has also been placed on record. This order, as per the certified copy, has been passed by the Sub-Divisional Magistrate. The case number as given in the notice, Annexure-P/5 as well as the certified copy is the same256/89. The parties are also the same State through P.S. Tukoganj v. Dhannalal s/o Chenaram.3. So far as notice, Ex. P/5 is concerned, it is apparent that if the proceedings were before the S.D.M., a Naib-Tahsildar cannot be any stretch of law direct issuance of notice, even for appearance. It is the Presiding ...
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