Madhya Pradesh Court August 1990 Judgments
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Sanjai Gandhi Grah Nirman Sahkari Sanstha Maryadit Vs. State of M.P. a ...
Court: Madhya Pradesh
Decided on: Aug-17-1990
Reported in: AIR1991MP72
A.G. Qureshi, J.1. This order shall govern the disposal of Misc. Petitions Nos. 389/87, 489/87, 944/87, 76/88, 997/88, 1213/88, 1227/88, 1317/88, 141/89, 197/89, 222/89, 277/89, 561/89, 562/89, 600/89, 603/89, 610/89, 611/89, 612/89, 639/89, 645/89, 711/89, 788/89, 799/89, 974/89, 1188/89, 1189/89, 1190/89, 1282/89,91/90, 781/90 and 783/90, challenging he development scheme prepared by the Indore Development Authority known as Scheme No. 94 of the Indore Development Authority for Eastern Ring Road, and the land acquisition proceedings initiated by the Collector and Ex Officio Deputy Secretary to the Government of Madhya Pradesh, Indore, for the implementation of that scheme.2. Scheme No. 94 of the Indore Development Authority has been prepared mainly for the construction of Eastern Ring Road around the city of Indore wherein provisions have also been kept for Regional Park, Commercial, Health, Bus Terminal, Industrial, Educational and Residential Buildings. Section 49 of the M. P. Naga...
Oriental Insurance Co. Ltd. Vs. Rajkumari and anr.
Court: Madhya Pradesh
Decided on: Aug-17-1990
Reported in: 1992ACJ103; [1991(62)FLR686]; (1999)IIILLJ277MP
B.C. Varma, A.C.J.1. This appeal under Section 30 of the Workmen's Compensation Act by the insurance company challenging the award of compensation to the widow of one Radhelal, who died during the course of employment of Respondent No. 2, first raises the question whether the insurance company could at all be made a party to these proceedings and the liability fastened. It was not denied that Radhelal died while working as driver of the Respondent No. 2 on a truck owned by him. It is also not denied that his pay was Rs. 1,000/- per month and he was aged 40 years at the time of his death. According to Schedule to the Workmen's Compensation Act, 1923, the compensation amount works out to Rs. 73,688/-. This also has not been denied. In the claim petition by the widow of Radhelal, the insurance company was made a party. The insurance company filed a written statement and admitted the fact of insurance. However, it contested the liability and questioned its being made a party to the proceed...
National Insurance Co. Ltd. Vs. Gangabai and ors.
Court: Madhya Pradesh
Decided on: Aug-16-1990
Reported in: 1991ACJ840
S.K. Dubey, J.1. In this revision an important question of law has been raised by the applicant National Insurance Co. Ltd. (for short 'the insurance company') contending that Section 140 of Chapter X of the Motor Vehicles Act, 1988 (for short 'the New Act') is not retrospective in operation and, as such, the Tribunal has erred in passing an interim award of Rs. 25,000/-, directing the insurance company to pay the same to the legal representatives of the deceased.2. A few facts relevant for the purpose of this revision are thus: On 12.6.1988 deceased Babulal, the husband of respondent No. 1 and father of respondent Nos. 2 to 7, died in an accident by the use of a tractor MBC 8939, which at the relevant time was insured with the insurance company. The respondents-claimants filed an application under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the repealed Act') claiming compensation of Rs. 5,66,000/-. The insurance company, the owner and the driver of the vehicle after not...
Rahul Dixit and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-09-1990
Reported in: 1990MPLJ799
ORDERT.N. Singh, J.1. Six petitioners have made a common cause staking their claim to admission in the State Engineering Colleges for the academic session 1989-90. They all appeared in the Entrance Test of 1989, conducted by the Professional Examination Board, Madhya Pradesh (hereinafter, 'Board', third respondent) and secured marks in the range of 47 to 48.7 percent. When hearing of the petition was taken up on 3-5-1990, it appeared that there was conflict between two Division Bench decisions of this Court and it was also found that the two views were irreconcilable. This is how this larger Bench has taken seisin of the matter.2. We may immediately refer, therefore, to those decisions. Indeed, we may observe also that the petitioners relied on the decision rendered by the Division Bench at the Main Seat on 24-4-1990 in the case of the Manoj Verma and Ors. v. State of Madhya Pradesh, M. P. No. 4916 of 1989, and submitted that their case being same as that of the petitioners in that cas...
Ram Prasad Purohit Vs. Ramesh Chandra and ors.
Court: Madhya Pradesh
Decided on: Aug-08-1990
Reported in: 1991ACJ1124
R.K. Verma, J.1. This is an appeal filed by the owner of the offending truck bearing registration No. CPO 8474 against the award dated 27.9.1984 passed by the Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 20 of 1981 whereby the learned Tribunal has awarded Rs. 7,000/- as compensation to the claimants in respect of the death of their son Sanjay aged 4 years, arising out of a motor accident due to rash and negligent driving of the truck in question by respondent No. 4, Kalu Khan.2. The facts giving rise to this appeal, briefly stated, are as follows:On 23.4.1981, the date of the accident, while the respondent No. 4, Kalu Khan, was driving the truck bearing registration No. CPO 8474 after unloading it at Prakash Dalal's Transport, Susner, the truck dashed against the deceased Sanjay resulting in his death.3. On a claim petition having been filed by the parents of the deceased Sanjay against Kalu Khan, respondent No. 4, his employer, the truck owner Ram Prasad and the insuran...
Rajya GramIn Vikash Sansthan Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-07-1990
Reported in: (1995)IIILLJ409MP; 1991(0)MPLJ225
Faizanuddin, J/1. In this petition under Article 226 of the Constitution of India, the petitioner challenges the proceedings before the Assistant Labour Commissioner and the order of reference dated 1.12.1989 (Annexure P.15) made by the Additional Commissioner (Labour) under Section 10(1) read with Section 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') referring the dispute to the Labour Court.2. The petitioner is a Department of the Government of Madhya Pradesh known as 'State Institute For Rural Development' (hereinafter referred to as 'the State Institute'). Respondent No. 5 Naresh kumar was appointed as Driver in the petitioner State Institute by order dated 19th May, 1987 (Annexure P.2). By order dated 16th August, 1988 (Annexure P.5) the services of respondent No. 5 were terminated. Respondent No. 5 raised an industrial dispute by making an application under Section 10 of the Industrial Disputes Act, 1947, before the Assistant Labour Commissione...
Jhummamal Vs. Motilal and ors.
Court: Madhya Pradesh
Decided on: Aug-01-1990
Reported in: AIR1991MP199; 1991(0)MPLJ588
K.L. Shrivastava, J.1. This appeal under Order 43, Rule 1(r) of the Civil Procedure Code, 1908 (for short 'the C.P.C.') is directed against the order dated 9-9-1988 passed by the Vth Additional Judge to the District Judge, Ujjain in Civil Suit No. 24-A of 1988 for declaration of title to the property in dispute and for permanent injunction restraining the appellant from disturbing the possession of the respondents Nos. 1 to 3, whereby their application under Order 39, Rule 1 ibid has been allowed.2. It is not in controversy that the disputed property comprising of a shop on the ground floor with two rooms behind, forms part of a building which initially belonged to one Badrinarayan, the deceased father of the respondents 1 to 3. The said Badrinarayan on 19-7-1952 mortgaged with possession the property in dispute. As mortgage money was not paid a suit for sale of the mortgaged property was instituted. In the suit a preliminary decree was passed on 24-4-68 and was followed by the final d...
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