Madhya Pradesh Court November 1991 Judgments
Smt. Usha and ors. Vs. State
Court: Madhya Pradesh
Decided on: Nov-26-1991
Reported in: AIR1993MP41
ORDERT.N. Singh, J. 1. The order impugned is in a sense a peculiar order. Legislature's language has apparently misled the learned Judge and confounded his wits, but what I have failed to appreciate is his approach in dealing with a reported decision of a Division Bench of Allahabad High Court. 2. At the threshold the revisionists, applying for a Succession Certificate to recover the debts of deceased Ganeshan (whose legal representatives they are) are told that their application is not entertainable/triable as requisite court-fees did not 'acompany' the application. That order, passed on 4-1-1991 by learned 7th Additional District Judge, Gwalior, is challenged in this revision. 3. The question is of interpretation of Section 379 of Part X of the Indian Succession Act, which I extract:-- '379. Mode of collecting Court-fees on certificates. (1) Every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable un...
Tag this Judgment!New India Assurance Co. Ltd. Vs. P.N. Vijaiwargiya and ors.
Court: Madhya Pradesh
Decided on: Nov-25-1991
Reported in: I(1993)ACC262; 1992ACJ319
T.N. Singh, J.1. On the maintainability of the claim and the appeal, Division Bench has rendered the opinion on 18,11.1991 in claimants' favour. The appeal is accordingly held maintainable and also the Section 110-A petition under which, for damage in the course of an accident to a motor car, claim was made.2. Under the impugned award, the insurer-appellant is made liable for payment of Rs. 11,508.50 to the respondent P.N. Vijaiwargiya, owner of motor car No. CPH 87. In this appeal, two points are urged by Mr. Sharma, appellant's counsel, contending, firstly, that the extent of the claim has not been proved and, secondly, that the liability in its entirety could not have been saddled on the insurer-appellant.3. I have gone through the entire evidence and also the pleadings and one contention I find justified and, therefore, I hold that the impugned award warrants interference because claim for higher amount is allowed. On evidence have come photographs of the damaged vehicle CPH 87 alo...
Tag this Judgment!Sikia and ors. Vs. Dhanraj Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-25-1991
Reported in: 1993ACJ317
D.M. Dharmadhikari, J.1. The appellants are the claimants who are the heirs of deceased Ganeshlal, who died in a motor accident on Ganeshlal, who died in a motor accident on 3.2.1982.2. The Claims Tribunal passed an award in the sum of Rs. 20,000/- jointly and severally against the respondent No. 2, Bhaiyalal driver and the respondent No. 4, Dalli Singh. The Claims Tribunal did not pass any award against the respondent No. 3, National Insurance Co. Ltd., on the ground that the motor vehicle was not insured. The Claims Tribunal also did not pass any award against respondent No. 1, Dhanraj Singh, accepting his case that he, only about a month before the date of accident, on 1.1.1982 vide documents Exh. D/2 and Exh. D/3, had transferred the vehicle involved in the accident, i.e., truck No. MRW 5973 in favour of the respondent No. 4. The respondent No. 5, Mahraj Singh, was the person on the vehicle, on behalf of the owner and, therefore, no award was passed against him.3. The learned Couns...
Tag this Judgment!Vinod Bhalla and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-23-1991
Reported in: 1992(0)MPLJ580
R.D. Shukla, J.1. This appeal is directed against the judgment and order dated 13-8-1985 of Sessions Judge, Rewa, passed in Sessions Trial No. 75 of 1983, whereby the accused-appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life.2. The brief history of the case is that accused-appellant No. 1 Vinod Bhalla was married to Smt. Rajni (deceased) on 3rd February 1982 at Allahabad. The accused-appellant No. 2 is the mother of accused-appellant No. 1. Accused-appellant No. 1 is employed as Cashier-cum-clerk in the State Bank of India at Sidhi, nearly 90 Kms. from Rewa (place of incident). Smt. Rajni (deceased) was living along with her mother-in-law (accused-appellant No. 2) in the house situated at Rewa. It is alleged that accused persons were demanding dowry from the father of the deceased and they were dissatisfied with the dowry given by the parents and relations of Smt. Rajni.3. On 27-5-1982, dead body of Smt...
Tag this Judgment!Vinod Bhalla and anr. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-23-1991
Reported in: 1992CriLJ3527
R.D. Shukla, J. 1. This appeal is directed against the judgment and order dated 13-8-1985 of Sessions Judge, Rewa, passed in Sessions Trial No. 75 of 1983, whereby the accused appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life.2. The brief history of the case is that accused appellant No. 1 Vinod Bhalla was married to Smt, Rajni (deceased) on 3rd February 1982 at Allahabad. The accused-appellant No. 2 is the mother of accused-appellant No. 1 accused-appellant No. 1 is employed as cashier-cum-clerk in the State Bank of India at Sidhi, nearly 90 K.Ms, from Rewa (place of incident). Smt. Rajni (deceased) was living along with her mother-in-law (accused-appellant No. 2) in the house situated at Rewa. It is alleged that accused persons were demanding dowry from the father of the deceased and they were dissatisfied with the dowry given by the parents and relations of Smt. Rajni.3. On 27-5-82, dead boy of Smt. ...
Tag this Judgment!Omprakash Gupta (Dr.) Vs. Ram Prakash and ors.
Court: Madhya Pradesh
Decided on: Nov-20-1991
Reported in: 1993(0)MPLJ869
ORDERS.K. Dubey, J. 1. This petition by landlord under Article 227 of the Constitution of India is for quashing of the order (Annexure P/10) passed in revision, preferred by the tenants, aggrieved of the order of the trial court, whereby, on transfer of the application under Section 23-A of the M. P. Accommodation Control Act, 1961, for short, the 'Act', the Civil court treated the same as a plaint to dispose of the same in accordance with the provisions of Chapter III of the Act, in view of Section 9 of the M. P. Accommodation Control (Amendment) Act, 1985 (Act No. 7 of 1985) (for short, the 'Amendment Act'), and directed the landlord to pay the court-fees as leviable in accordance with Section 7(xi)(cc) of the Court Fees Act, 1870.2. The facts leading to this petition are that the petitioner/landlord filed an application on 28-9-1984 under Section 23-A of the Act seeking eviction of the respondents (Nos. 1 and 2)/tenants from the non-residential accommodation on bona fide requirement...
Tag this Judgment!Thakurdas Vs. the Chairman, Indore Development Authority and anr.
Court: Madhya Pradesh
Decided on: Nov-20-1991
Reported in: 1(1992)ACC658
ORDERR.K. Varma, J.1. This Order shall also govern the disposal of Misc. Appeal No. 102/82 Thakurdas v. Chairman Indore Development Authority and another which is also directed against the Indore Development Authority as well as Misc. Appeal No. 104/82 Thakurdas v. M.P. Housing Board and Ors. Misc. Appeal No. 100/82 Thakurdas v. M.P. Housing Board and Ors. and Misc. Appeal No. 101/82 Thakurdas v. M.P. Housing Board and Ors. which are directed against the M.P. Housing Board.2. This is an appeal by the plaintiff-contractor against the Order dated 4.3.1982 passed by the Xth Additional Judge to the Court of the District Judge, Indore in Civil Suit No. 46-A/81 whereby the plaintiff's application under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as the Act') has been dismissed on the ground that there is no arbitration clause in the agreement between the plaintiff-contractor and the defendant-authority relating to construction work.3. The appellant-plaintiff had given a ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. P.N. Vijaiwargiya and ors.
Court: Madhya Pradesh
Decided on: Nov-18-1991
Reported in: I(1993)ACC254; 1992ACJ312
R.C. Lahoti, J.1. A learned single Judge of this Court while hearing an appeal under Section 110-D of the Motor Vehicles Act, 1939 has framed the following question of law and referred the same for the opinion of the Division Bench:Whether a claim for compensation simpliciter for damage caused to property, preferred by a third party, in all circumstances, can be tried by a Motor Accidents Claims Tribunal in respect of an accident where claim is preferred or preferable also for bodily injury suffered or for death?2. A car No. CPH 87 met with an accident on 7.7.1981 having been hit by another car registered as MPW 9669 approaching from the other side. The occupants of the car got injured. The car was also damaged. On 20.8.1981 a joint claim petition was preferred which included the claim for compensation for bodily injuries sustained by the occupants of the car as also for damage to the car. However, as a measure of abundant caution, to avoid any legal objection in future, a separate cla...
Tag this Judgment!Rajendrasingh Vs. Sheetaldas and ors.
Court: Madhya Pradesh
Decided on: Nov-15-1991
Reported in: 1992ACJ130
T.N. Singh, J.1. This is claimant's appeal who suffered fracture of femur bone of the thigh and was confined to hospital for 30 days. His claim being rejected he has appealed challenging findings of the Motor Accidents Claims Tribunal, for short 'the M.A.C.T.', on two grounds. Admittedly, the accident took place on 6.7.1977 at 6.00 p.m. and claim petition was lodged on 2.5.1983. Mr. V.K. Sharma, counsel appearing for respondent No. 3, has contended, in support of the award, that there was no application for condonation of delay and real facts were suppressed by the claimant-appellant about his age. However, the second question to be decided is, whether the claimant-appellant did prove that he had suffered injury in the course of accident in which Tempo No. MPH 5350 was involved. Indeed, it is not denied that, that vehicle was insured during the relevant period with the contesting respondent. In the court below two separate written statements were filed. Those were by the driver and ins...
Tag this Judgment!Jogendra Singh Vs. Gulsherkhan and ors.
Court: Madhya Pradesh
Decided on: Nov-15-1991
Reported in: II(1992)ACC389; 1993ACJ307
R.K. Verma, J.1. This order shall also govern the disposal of Misc. Appeal No. 157 of 1983 (Rajpal and Co. v. Gulsherkhan).2. This is an appeal filed by the owner of the offending vehicle (tractor-trolley) bearing registration No. MPN 6300 against the award dated 4.4.1983 made by the Member, Motor Accidents Claims Tribunal, Mandleshwar, in Claim Case No. 35 of 1980 whereby the learned Tribunal has awarded a total compensation of Rs. 18,000/- in respect of the death of the deceased employee Mukhtyarkhan, who died in the motor accident on 16.12.1979, while driving the said tractor.3. The facts of the case, giving rise to this appeal, briefly stated, are as follows:The deceased Mukhtyarkhan was in the employment of the appellant at the petrol pump belonging to the appellant Jogendra Singh s/o Tejasingh Rajpal under the name Rajpal and Company on a salary of Rs. 210/- per month for retail sale of petrol and for driving the tractor, etc. On 16.12.1979, the date of accident, the tractor-trol...
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