Madhya Pradesh Court July 1991 Judgments
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Sajjan Singh Vs. Manjibhai and ors.
Court: Madhya Pradesh
Decided on: Jul-17-1991
Reported in: II(1991)ACC446
ORDERR.K. Verma, J.1. This appeal was filed by the parents of deceased Santosh against the Award dated 3.1.1989 passed by Motor Accident Claims Tribunal, Alirajpur District Jhabus in civil case No. 1/88 whereby the learned Tribunal has awarded compensation of Rs. 50.000/- with interest @ 12% per annum from the date of claim petition till realisation.2. The learned Tribunal has held the claimants Sajjan Singh and Mangtibai-parents of the deceased Santosh, entitled to said compensation in equal shares. It has been directed by the learned Tribunal that upon deposit of the awarded amount of compensation in court the claimants shall be paid Rs. 1000/- each by account payee cheques and the balance amount shall be deposited in two equal fixed deposits for six years in the names of the two claimants in the State Bank of Indore, Alirajpur Branch and the claimants shall be entitled to receive interest annually from the said fixed-deposits.3. In this appeal die only prayer made, is that the amoun...
Ramesh Chandra Vs. Padmabai
Court: Madhya Pradesh
Decided on: Jul-13-1991
Reported in: I(1992)DMC24
R.K. Verma, J.1. This an appeal filed by the husband against the judgment and decree dated 29.3.1989 passed by the Ist Additional Judge to the Court of the District Judge, Dewas in civil Suit No. 6-A of 1988 whereby the appellants application under Section 12 of the Hindu Marriage Act has been dismissed.2. The facts giving rise to this appeal, briefly stated, are as follows:The appellant-applicant filed an application for divorce under section 13 of the Hindu Marriage Act on the ground of adultery. The appellant husband Ramesh chandra alleged that he was married to the respondent Padmabai on 17.6.75 in Shivpurkalan, District Morena, in accordance with Hindu rites and custom. After marriage Padmadai stayed for two days and then returned to her Parents. On 21.2.76 'Gaun' ceremony was performed and the husband Ramesh chandra took her to Ujjain on 23.2.76 where they lived together upto the 4th week end of March. Thereafter Padmabai went with her father to her parents house. In the first we...
Divya Nelson D/O Dr. S.K. Nelson and ors. Vs. State of Madhya Pradesh ...
Court: Madhya Pradesh
Decided on: Jul-12-1991
Reported in: 1992(0)MPLJ26
ORDERK.L. Issrani, J.1. This is a petition under Articles 226 and 227 of the Constitution of India.2. According to the petitioners, they are citizens of India. They are born in India at Jabalpur. Their father Dr. S. K. Nelson was employed in the M.P. State Public Health Department as Lecturer in the Department of Surgery, Medical College, Jabalpur and their mother Dr. Shobha Nelson was also working as Lecturer in Obst. and Gyn. in Medical College, Jabalpur. On 18-5-1975, both Dr. S. K. Nelson and Dr. (Mrs.) S. Nelson were sent on deputation to Tanzania (Zanzibar) as Specialists by the Government of India with the approval of the State Government. The petitioners being minors at that time also went with their parents. According to them, the petitioners passed the G.C.E. 'O' level as well as 'A' level examination from the University of London conducted by the Education Council of the Govt. at Dar-Es-Salam in Tanzania. There at Tanzania, petitioner No. 1 got admission in Muhimbili Medical...
Mukund Das and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-11-1991
Reported in: 1993(0)MPLJ767b
1. In this and in other connected Writ Petitions Nos. 3334, 2484, 2118, 2194, 2216, 2277, 2376, 2506, 2523, 2923, 3312, 3482, 3573, 3061, 3607, 3608, 3612, 3621, 3631, 3635, 3636, 3643, 3659, 3666, 3697, 3702, 3189, 2415, 3616, 3617, 2383, 3699, 2262, 2258, 3703, 2382 and 2249 of 1990 and 3, 4, 5, 10, 47, 49, 101, 102, 110, 216, 217, 255, 274, 415, 463 and 218 of 1991, the disposal of which shall be governed by this order challenge is to the legislative competence and the vires of certain provisions of the Madhya Pradesh Panchayat Raj Adhiniyam, 1990, (Act No. 13 of 1990} and Rules made thereunder. 2. The Indian polity has recognised the village panchayats and Janpad panchayats as the basic units of a Government. With the awakening of the desire to participate in the governance of the State, the demand for decentralisation of political power increased. In the erstwhile State of C. P. & Berar there were two Acts. The Central Provinces and Berar Panchayats Act, 1946 and the Central Provi...
Smt. Sarlabai Vs. Komal Singh
Court: Madhya Pradesh
Decided on: Jul-10-1991
Reported in: AIR1991MP358; II(1992)DMC44; 1992(0)MPLJ276
K.L. Issrani, J.1. This is a first appeal under 28 of the Hindu Marriage Act against the judgment and decree dated 30th March, 1990, passed by the Additional Judge to the Court of District Judge, Narsinghpur, at Gadarwara in Civil Suit No. 7-A of 1986 granting the decree to the respondent under Section 12(l)(c) of the Hindu Marriage Act, 1956.2. An application under Section 12(l)(c) of the Act was filed by the respondent against the appellant after 8 years of the marriage, which took place according to Hindu rites. There are no issues out of the wedlock.3. The case of the respondent was that about 8 years before the marriage of the appellant with the respondent was performed, but there was no cohabitation and no issues out of the wedlock. From the very beginning, the appellant was suffering from heart disease. As such, she was not able to do mental and physical work. She was not capable of sexual intercourse. All these facts were concealed from the respondent. The marriage was performe...
Bhagchand and anr. Vs. Kishanlal and ors.
Court: Madhya Pradesh
Decided on: Jul-10-1991
Reported in: 1991ACJ1074
T.N. Singh, J.1. By this common order, two appeals are disposed of as both appeals relate to the common accident which took place on 19.6.1979. Two persons were injured in the accident and two separate claim cases were registered. Appellant Bhagchand has preferred Misc. Appeal No. 38 of 1983; he had instituted C.C. No. 4 of 1980, claiming damages for injuries which he suffered.2. I propose to deal first with the case of appellant Bhagchand who is aggrieved as the award in the sum of Rs. 7,750/-, according to Mr. Haswani, is on too low a side. Counsel has taken me through the evidence of Dr. V.R. Shinde whose evidence was recorded in Claim Case No. 4 of 1980 while Bhagchand himself also gave evidence and that was recorded in Claim Case No. 3 of 1980. The doctor has deposed that on 19.7.1979, he was attached to District Hospital, Datia as Assistant Surgeon and on that date, at about 6.55 a.m., Bhagchand came to him in an injured condition. He found several injuries on his person and thos...
New India Assurance Co. Ltd. Vs. Hasinabai and ors.
Court: Madhya Pradesh
Decided on: Jul-09-1991
Reported in: [1992]75CompCas799(MP)
1. Heard on I. A. 2548 of 1991 which is an application by respondent No. 1, the claimant Hasinabai, whereby she has prayed that the instant appeal which is directed against the interim award made by the Tribunal may be allowed. The other claimant-respondent No. 2 appears to have been served through counsel but she is stated to have died during the pendency of the claim.2. This appeal is directed against the interim award of Rs. 25,000 made on July 18, 1990, by the Motor Accidents Claims Tribunal, Mhow, in Claim Case No. 83 of 1987. It is stated by learned counsel for respondent No. 1 that the motor accident resulting in the death of the deceased, Munshi, occurred prior to the Motor Vehicles Act of 1988 which came into force with effect from July 1, 1989. It has been submitted that under Section 92A of the Motor Vehicles Act of 1939, a compensation of Rs. 15,000 has been provided in respect of the death by motor accident on the basis of 'no fault' principle. The said provision of Sectio...
The United India Fire and Gen. Insurance Co. Ltd. Vs. Natwarlal and Tw ...
Court: Madhya Pradesh
Decided on: Jul-08-1991
Reported in: 1992ACJ585; 1992(0)MPLJ889
R.K. Verma, J.1. This is an appeal filed by the insurer-non-applicant against the award dated 7-8-1978 made by the Motor Accident Claims Tribunal, Mandleshwar in Claim Case No. 1/78 whereby the learned Tribunal has awarded compensation to the claimant-injured amounting to Rs. 15,000/- with interest @ 6% per annum from the date of the claim petition till realisation.2. The brief history of this case is like this, on 29-8-77, the passenger bus bearing Registration No. MPF-7144 carrying the claimant, a young boy having passed B.Sc. was involved in an accident due to rash and negligent driving by its driver as a result of which, the claimant-passenger sustained grievous injuries and has suffered a partial permanent disablement of his hand as found by the Tribunal. The learned Tribunal made an award of Rs. 15,000/- (15,000/-) with interest as aforesaid against all the three non-applicants, namely, the bus-owner, driver and the insurer jointly and severally. However, the Tribunal gave a dire...
United India Fire and Genl. Ins. Co. Ltd. Vs. Natvarlal and ors.
Court: Madhya Pradesh
Decided on: Jul-08-1991
Reported in: I(1993)ACC339
R.K. Verma, J.1. This is an appeal filed by the insurer-non-applicant against the award dated 7.8.1978 made by the Motor Accidents Claims Tribunal, Mandleshwar in Claim Case No. 1 of 1978 whereby the learned Claims Tribunal has awarded compensation to the claimant-injured amounting to Rs. 15,000/- with interest at the rate of 6 per cent per annum from the date of the claim petition till realisation.2. The brief history of this case is like this: On 29.8.1977, the passenger bus bearing registration No. MPF 7144 carrying the claimant, a young boy having passed B.Sc., was involved in an accident due to rash and negligent driving by its driver as a result of which the claimant passenger sustained grievous injuries and has suffered a partial permanent disablement of his hand as found by the Tribunal. The learned Tribunal made an award of Rs. 15,000/- with interest as aforesaid against all the three non-applicants, namely, the bus owner, driver and the insurer jointly and severally . However...
Mohan Singh Vs. State Officer Public Premises Eviction Act and ors.
Court: Madhya Pradesh
Decided on: Jul-04-1991
Reported in: AIR1991MP365
A.G. Qureshi, J. 1. This order shall govern the disposal of Civil Revision Petitions Nos. 150 of 89. 151 of 89, 151 of 89, 153 of 89 and 154 of 89. All these revision petitions have been filed against the order dated 17th June, 1989 passed by the second Addl. Judge to the court of District Judge, Ratlam in Civil Misc. Appeals Nos. 43 of 83, 45 of 82, 44 of 83, 44 of 82 and 46 of 83, respectively.2. The facts relevant for the decision of these revision petitions are that the respondent No. 1 State Officer, Public Premises Eviction Act (Divisional Engineer, W. R. Ratlam) in exercise of his powers under Section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 issued a notice for eviction of the premises occupied by the petitioners in all the five revision petitions holding that they are occupying the premises belonging to the Railways. An objection was raised by the petitioners stating therein that the premises do not belong to the Railway. The notice was further re...
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