Madhya Pradesh Court January 1991 Judgments
Kamla Prasad Jadawal Vs. Punjab National Bank, New Delhi and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1991
Reported in: AIR1992MP45
K.M. Agarwal, J. 1. Aggrieved by the judgment and decree for recovery of 'a sum of Rs. 12, 466/54 p. with compound interest at 11% per annum from 1-1-1977 till 1-11-1979 (for simplicity, suit being filed on 5-11-1979), and simple interest at this rate thereafter till realisation, and proportionate costs of the suit, from the defendants 1 to 3 (jointly and severally) 'passed by the Court below, only one of the defendants, i.e., Kamla Prasad has filed this first appeal. 2. On 25-2-1972 the respondent No. 2 Mohammad Hakim was advanced a loan of Rs. 10,750/- by the respondent No. I for purchase of a Tempo. The appellant and the respondent No. 3 Nazar Mohammad Khan were the guarantors. As per agreement, the rate of interest was 5% above the ReserveBank rate with the minimum of 11% per annum with quarterly rests. The loan was not repaid and, therefore, the respondent No. 1 filed a suit on 5-11-1979 for recovery of a sum of Rs. 20,817/- with pendente lite and post decree interest at the rate ...
Tag this Judgment!Gwalior Sugar Co. Ltd. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Jan-31-1991
Reported in: 1991(0)MPLJ868
T.N. Singh, J.1. On different grounds though, plaintiff and defendants have both appealed against the same judgment and decree passed on 30-8-1977 by Second Additional District Judge, Gwalior, in Civil Suit No. 3-A of 1972. Both appeals - F. A. No. 73/77, preferred by the plaintiff and F.A. No. 7/78, preferred by defendants are - heard analogously and are being disposed of by this common judgment.2. Plaintiff/Company is aggrieved as its suit is partly decreed while the defandants, the Union of India and the Central Railway, contend that the suit ought to have been dismissed in toto. Plaintiffs claim in the suit filed on 28-7-1972, was based on an agreement which the Company had executed on 12-7-1941 with the Governor General of India for construction and maintenance of railway siding for transporting of goods of the Sugar Mills from inside the Company's campus, close to the Dabra Railway Station on the Central Railway. By the impugned decree, a declaration has been made that the defend...
Tag this Judgment!Dalip Kumar Vs. R.T.A.
Court: Madhya Pradesh
Decided on: Jan-31-1991
Reported in: II(1991)ACC67
ORDERV.D. Gyani, J.1. This order shall govern the disposal of these petitioner i.e. (M.P. No. 1010/90 Mohd. Ummar v. R.TA. M.P. No. 942/90 Smt. Surjeet Kaur R.T.A.; M.P. No. 861/ 90 Indersingh v. R.TA.; M.P. No. 947/90 Updeshsing v. R.TA. M.P. No. 869/90 Mohd Ashfak v. R.TA.; M.P. No. 638/90 Umabai v. R.TA., M.P. No. 1011/90 Omprakash Pandey v. R.TA. raising a common question of law, It is for this reason that they were heard to gather and are being decided by a common order. 2. The petitioners are claimants for permits to ply auto rickshaw in the city of Indore. One of the conditions imposed by the respondent is that latest model i.e. of the year 1990 auto rickshaws be introduced on the roads, and it is this imposition of condition which has been challenged in all these petitions.3. Shri Gupta, learned Counsel appearing for the petitioners argued that firstly such a condition could not be legally imposed moreso, when the permits were applied for, in the later part of the year 1989. It...
Tag this Judgment!Smt. Sarjubai and ors. Vs. Rajendra Singh and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1991
Reported in: II(1991)ACC76
ORDERR.K. Verma, J.1. This is an appeal directed against the Award passed by the Motor Accident Claims Tribunal, Shajapur dated 14.12.1979 in the Claim Case No. 11/77 by the claimants, widow and two sons of the deceased Chunnilal, who died as a result of-injuries sustained in a Motor Accident on 6.3.77, having been hit by a motor cycle bearing Registration No. CPE-3547 which was being driven by the respondent No. 2, an employee of a partnership Firm Respondent No. 1, which was the owner of the motor-cycle.2. The facts giving rise to this appeal, briefly stated are as follows:On 6.3.77, the date of the accident, while the discussed Chunnilal was going on the road he was hit by a motor-cyclist-respondent No. 2. Anandrao who was approaching the deceased from behind. The respondent No. 2 Anandrao was an employee of respondent No. 1 and was driving the said motor-cycle bearing registration No. CPE 3547 belonging to and with the permission of the respondent No. 1. The owner of the motor-cycl...
Tag this Judgment!Sarjubai and ors. Vs. Rajendra Singh and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1991
Reported in: 1992ACJ755
R.K. Verma, J. 1. This is an appeal directed against the award passed by the Motor Accidents Claims Tribunal, Shajapur, dated 14.12.1979 in the Claim Case No. 11 of 1977 by the claimants, widow and two sons of the deceased Chunnilal, who died as a result of injuries sustained in a motor accident on 6.3.1977, having been hit by a motor cycle bearing registration No. CPE 3547 which was being driven by the respondent No. 2, an employee of a partnership firm, respondent No. 1, which was the owner of the motor cycle.2. The facts giving rise to this appeal, briefly stated, are as follows:On 6.3.1977, the date of the accident, while the deceased Chunnilal was going on the road he was hit by a motor-cyclist, respondent No. 2, Anandrao, who was approaching the deceased from behind. The respondent No. 2 Anandrao was an employee of respondent No. 1 and was driving the said motor cycle bearing registration No. CPE 3547 belonging to and with the permission of the respondent No. 1. The owner of the ...
Tag this Judgment!Lal Chand Vs. Ku. Kanta and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1991
Reported in: 1(1992)ACC79
A.G. Qureshi, J. 1. This appeal is filed against the award dated. 27.8.81 passed by the Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 85 of 78.2. The fact leading to this appeal, in short, are that the non-applicant/appellant was the owner of scooter CPE 3274. On 12.3.1978, the aforesaid scooter was given by non-applicant No. 1 to non-applicant No. 2 for driving it during the course of the employment, because non-applicant No. 2 was in the employment of non-applicant No. 1 on that date. The aforesaid scooter was insured with non-applicant No. 3 Insurance Company. According to the respondent-claimant, on 12.3.1978 she had gone with her parents to the house of one Ratnalal who is related to the claimant. At 2.p.m. she went to the other side of the road of the house of Ratanlal for drinking water and after drinking water from the water tapp when she was standing by the side of the road, the non-applicant No. 2 reached there driving the scooter in question in a rash and...
Tag this Judgment!Mahendra Kumar and anr. Vs. Mool Chand
Court: Madhya Pradesh
Decided on: Jan-29-1991
Reported in: 1993ACJ566; [1992(65)FLR510]; (1993)IIILLJ909MP
A.G. Qureshi, J.1. This appeal shall also govern the disposal of M.A. No. 134 of 1980 (Moolchand v. Mahendrakumar). Both these appeals have been filed under Section 30 of the Workmen's Compensation Act, 1923, against the order of the Commissioner for Workmen's Compensation, Ratlam, dated 12th March, 1980, in Claim Case No. 17/1977/W.C.A.(N.F.).2. The facts leading to these appeals, in short, are that the respondent in M.A. No. 136 of 1990 filed a claim petition before the lower court alleging that on 9th August, 1976, while working as a silawat under the employment of the appellants during the construction of their house he suffered an injury in the eye due to which his one eye was damaged. He could not attend to his normal duties from 9th August, 1976 to 23rd August 1976, as such he suffered a loss of Rs. 150 on that count and he claimed entitlement of Rs. 12,600 in addition to that as compensation from the appellants.3. The claim was resisted by the appellants in M.A. No. 136 of 1980...
Tag this Judgment!Jagdish Gangaram Soni and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-28-1991
Reported in: 1991(0)MPLJ890
S.K. Chawla, J.1. The Judgment in this appeal shall also dispose of Death reference in Criminal Reference No. 2 of 1990.2. In an incident which took place on Shivratri day on 16-2-1988 in village Kachhwa, P. S. Mungwani, District Narsinghpur, 5 persons, were done to death by assaulting them with sharp edged weapons. Those persons were two brothers named Rewaram and Balkishan, their parents Harlal and Keshar bai and one of their relations named Tarchand.3. The prosecution story briefly stated was that Puna Bai (P.W.6), widow of one of the brothers named Rewaram, was returning to her house after having morning ablutions in the village river called Bangana on the eve of Shivratri day. While she was passing along the house of appellant No. 1 Jagdish Soni of village Kachhwa i.e. of her village (another appellant Jagdish Soni who is appellant No. 3) would be referred to as Jagdish of village Barhata, the latter cried that Mudiyas had become too much conceited and proud. It may be mentioned h...
Tag this Judgment!Chainsingh Dhoolsingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-28-1991
Reported in: 1992(0)MPLJ811
ORDERK.K. Verma, J.1. Applicant by Shri P.N. Mishra, Advocate.2. State by Shri C. S. Dixit, Dy. Government Advocate.3. They are heard.4. The applicant was arrested on or about 3-4-1988. It is alleged that he was having illegal possession of 1 Kilogram of Methaqualone. The offence is punishable with an imprisonment which shall not be less than 10 years and a fine which shall not be less than one lakh rupees.5. On 9-1-1991, the learned Judge applied the closure to the right of the prosecution to adduce the evidence of the absent witnesses. The case stood adjourned to 17-1-1991 for examination of the accused but in the meanwhile the record was requisitioned for production before this Court. The attention of Shri Mishra was drawn to Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The relevant portion appears at clause (b) of sub-section (1) of Section 37. The relevant portion reads as follows:'37. Offences to be cognisable and non-bailable. - (1) Notwithstanding any...
Tag this Judgment!Jagdish and ors. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-28-1991
Reported in: 1992CriLJ981
S.K. Chawla, J.1. The judgment in this appeal shall also dispose of Death reference in Criminal Reference No. 2 of 1990.2. In an incident which took place on Shivratri day on 16-2-1988 in village Kachhwa P.S. Mungwani District Narsinghpur, 5 persons were done to death by assaulting them with sharp edged weapons. Those persons were two brothers named Rewaram and Balkishan, their parents Harlal and Kesharbai and one of their relations named Tarachand.3. The prosecution story briefly stated was that Puna (P.W. 6), widow of one of the brothers named Rewaram, was returning to her house after having morning ablutions in the village river called Bangana on the eve of Shivratri day. While she was passing along the house of appellant No. 1 Jagdish Soni of village Kachhwa i.e. of her village (another appellant Jagdish Soni who is appellant No. 3) would be referred to as Jagdish of village Barhata), the latter cried that Mudiyas had become too much conceited and proud. It may be mentioned here th...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »