Madhya Pradesh Court November 1992 Judgments
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Narendra Pal Singh Rana Vs. Padamchand JaIn and ors.
Court: Madhya Pradesh
Decided on: Nov-19-1992
Reported in: 1993ACJ541
T.N. Singh, J.1. Enhancement is claimed and insurer only has challenged that. For the fracture of tibia and fibula of left leg in the motor accident, the award is passed for Rs. 27,000/- which, it is submitted, is inadequate because of the medical evidence.2. I have gone through the medical evidence and I am of the view that some enhancement the claimant certainly deserves, but not to the extent prayed of Rs. 50,000/-. The Orthopaedist who gave evidence deposed that the movement of the insured claimant was restricted and in that regard the disablement was permanent because he did not recover even during the course of last six years. He continues to suffer pain and finds difficulty in taking brisk steps and in running. In my view, ends of justice shall be met if the compensation awarded is enhanced to Rs. 40,000/-.3. However, it is submitted by Mr. Sharma, learned Counsel appearing for the insurer, that on 3.3.1986, the insurer filed its written statement in the Claims Tribunal on being...
Usha Vs. Laxmi Narayan Nagaich
Court: Madhya Pradesh
Decided on: Nov-18-1992
Reported in: I(1993)DMC272
P.P. Naolekar, J.1. The parties to the proceedings were married according to Hindu rites in the month of February, 1985 at village Parichhat Hanota, Tahsil and District Sagar. The appellant/defendant lived with the respondent/plaintiff in his house till June 1985. The husband/respondent filed a petition, under Section 13(l)(ia)and 13(l)(ib) of the Hindu Marriage Act, 1955 on the allegations that the appellant/wife left her place of residence in the month of June,' 1985 and inspite of his best efforts to call her back the appellants/wife refused to come back to the respondent's house and the appellant/wife is not discharging her marital functions and, therefore, that tantamounts to a cruelty.2. The defence, it is the case of the appellant/wife that she got pregnant and when she was pregnant, she was illitreated by the respondent/husband and driven her out of the house and since then she was forced to live with her brothers and the respondent/husband in spite of the birth of a child has ...
Akila Vs. Shafi Mohammed
Court: Madhya Pradesh
Decided on: Nov-17-1992
Reported in: I(1993)DMC581; 1993(0)MPLJ175
R.C. Lahoti, J.1. The plaintiff/appellant is aggrieved by the judgment and decree of the lower appellate Court dismissing her suit for dissolution of her marriage with the respondent, in reversal of the decree of the Trial Court which had decreed the suit.2. Vide order dated 13-3-1984, this Court admitted the appeal for hearing parties on the following substantial questions of law :'(i) Whether it was an admitted fact that, at the time of her marriage with the respondent, the appellant was aged 14 years and, therefore, it was not open to the first appellate Court to find that she was aged 15 years on that day ?(ii) Whether, even if it is assumed that the appellant was aged 15 years on the date of her marriage with the respondent, the marriage is void for the reason that the consent was given not by her but her father ?'3. Parties are Muslims. Marriage was performed between them on 5-4-1977. Mehr settled was Rs. 20,000/-.4. According to the plaintiff, she was given in marriage by her fa...
Kailash Vs. Vidhyabai and anr.
Court: Madhya Pradesh
Decided on: Nov-17-1992
Reported in: I(1993)DMC594
R.D. Shukla, J.1. This order shall dispose of the Criminal Revision No. 69/92 and Misc. Cri. Case No. 1395/92. Both these petitions have been filed against the Judgment and order dated 22-2-92 of Vth Addl. Sessions Judge, Dhar, Passed in Criminal Revision No. 146/91, whereby the learned Sessions Judge has maintained the order of maintenance allowance granted to Mata (daughter) who is N.A. 2 in revision No. 69/92 and applicant No. 2 in Misc. Cr. Case No. 1395/92, but reversed the order of refusal of maintenance to Vidhyabai, N.A. 1 in Cri. Revision No. 69/92 and petitioner in M. Cr. C. No. 1395/92 and further directed payment of maintenance of Rs. 200/- p.m. to Vidhyabai.2. Admitted facts of the case are that Kailash is working as police Head Constable in Police Station Dhar. Vidhyabai is the wife of Kailash and Mamta is daughter out of their wedlock. Vidhyabai and Mamta had filed an application for grant of maintenance allowance. Learned J.M.F.C. Dhar vide order dated 28-8-91 passed in...
Tulsiram S/O Purushottamji Malani Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1992
Reported in: 1993CriLJ1165
ORDER1.The following order of the Court was delivered by Hon. A. R. Tiwari, This is a petition preferred under Article 226/227 of the Constitution of India.2. Factual matrix is rather jejune. The petitioner had filed MJC No. 32/92 in the Court below, subsequent notice dated 24-2-92 (Annexure P/1) and obtained order of 'status quo' on 5-3-92 (Annexure P/3). He suffered some prejudicial actions, as pleaded, even thereafter. Irked by this, he submitted the report on 9-3-92 (Ex. P/5) containing allegations of cognizable offences. Aggrieved by the refusal to register the offences in terms of Section 154(1), Cr. P.C., the petitioner has sought writ of mandamus commanding the respondents to obey the law, register the offences and proceed in accordance with law.3. The respondents have filed the return and impugned the prayers. While admitting the receipt of the report, the linchpin of the petition, they inter alia contended that the police conducted preliminary enquiry but found the report to ...
Kishanlal Vs. Asgarali and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1992
Reported in: 1993ACJ546
M.W. Deo, J.1. On 10.12.1981 the petitioner-appellant Kishanlal was a pillion rider on the motor cycle of one Kanhaiyalal. At about 5.00 p.m. while the motor cycle was moving near Engineering College, Ujjain, at slow speed, the truck bearing registration number MPU 6535 was driven rashly and negligently by the driver in the employment of his owner and caused an accident by hitting the motor cycle in a head-on collision. Kishanlal sustained severe injuries including a fracture of the right foot. He was admitted in hospital for treatment of the fracture and was indoor patient for 27 days. Though the fracture was reduced, Kishanlal suffered shortening of the right leg by one and half inches resulting in permanent disability of 65 per cent. According to Kishanlal, he earned Rs. 1,200/- per month by dealing in bricks. His earning was adversely affected due to the permanent disability. Consequently, he claimed a sum of Rs. 15,000/- on account of expenses of treatment, Rs. 20,000/- on account...
Om Prakash and anr. Vs. Madhavrao and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1992
Reported in: 1993ACJ400
M.W. Deo, J.1. This appeal is by the insurance company against an award of Rs. 1,20,000/- together with interest at the rate of 6 per cent per annum on account of death of Sanjay aged 21 years in a motor accident,2. Briefly stated the case of the claimants is that Sanjay was their son aged 21 years. The claimants are the parents of deceased Sanjay. On 27.4.1980 Sanjay was travelling in a bus bearing registration No. NLK 2510 for journey from Indore to Bombay. A little ahead of Mhow a truck bearing registration No. MPN 5126 came in high speed from the opposite side and hit Sanjay's head in the window resulting in death of Sanjay. The truck as well as the bus were both insured with the appellant insurance company. While Om Prakash was the owner of the truck, Vijay Kumar was the owner of the bus. It is not in dispute that the drivers of the two vehicles were in the employment of the owners and held a valid driving licence.3. The claim was resisted by the owner and insurance company denyin...
Partap Steel Rolling Mills Ltd. Vs. C.E.G.A.T.
Court: Madhya Pradesh
Decided on: Nov-14-1992
Reported in: 1993(41)ECC282; 1993LC366(MP); 1993(67)ELT216(MP)
ORDER1. Shri Kohli for the petitioner and Shri B.G. Neema for the Union of India.2. The short point involved in this case is whether the Customs Excise and Gold (Control) Appellate Tribunal has erred in not dispensing the condition of deposit of the duty, pending hearing the appeal. Shri Kohli submits that the view taken by the Collector Central Excise (M.P.) is contrary to the view taken by the two High Courts in the county with the result that the units manufacturing the products, which the petitioners manufacture in the area situated of those High Courts are better placed so far All India Competition of Sale is concerned. Admittedly, while deciding an application under Section 35(f) of the Central Excises and Salt Act, 1944, the CEGAT has to look into the existence of prima facie case also and has not to look into financial hardship only.3. In our opinion, the contrary views expressed by the two of the High Courts in the country, are sufficient indication that a prima facie case in ...
Malkhandas Vs. Om Prakash and ors.
Court: Madhya Pradesh
Decided on: Nov-13-1992
Reported in: AIR1993MP126; 1993(0)MPLJ98
ORDERV.S. Kokje, J. 1. This order shall also govern the disposal of Civil Revision No. 291/91 (Admn. Municipal Corpn. v. Omprakash).2. This revision application challenges the final order made by the District Court in a proceeding under Section 307(5) of the Municipal Corporations Act, 1956 (for short 'the Act').3. The non-applicants Nos. 1, 2 and 3 had moved an application under Section 307(5) of the Act praying for removal of the alleged illegal construction being put up by the applicant. The non-applicants Nos. 1, 2 and 3 contended in their application that previously permission sought for the same construction was refused by the Municipal Corporation, but later on the permission was granted. According to the original applicants (non-applicants 1, 2, 3), openings and projections on the southern side have been sanctioned which would obstruct the front elevation of original applicants house and would obstruct the light and air of the original applicants. It was also contended that the...
Kaushalkumar and ors. Vs. Indore Municipal Corporation and ors.
Court: Madhya Pradesh
Decided on: Nov-13-1992
Reported in: 1993(0)MPLJ228
ORDERV.S. Kokje, J. 1. This is a revision application challenging the order dated 9th July, 1990 passed by the Xth Addl. Judge to the Court of District Judge, Indore in M. J. C. No. 19 of 1990. The case arises out of proceedings initiated on an application under Section 307(5) of the M. P. Municipal Corporations Act, 1956 (hereinafter referred to as 'the Corporation Act').2. The applicant before this Court had filed the aforesaid application under Section 30 before the Trial Court complaining that non-applicants Nos. 3 to 17 had commenced construction of Gumities adjacent to the applicant's house No. 69, Sitlamata Bazar, Indore. It was alleged that the Municipal Corporation had sanctioned plans for construction of Gumties on 4-10-1986 but on 7-11-1986 the said sanction was withdrawn by the Municipal Corporation. The non-applicants Nos. 3 to 17 went to civil Court and obtained an injunction restraining the Corporation from dismantling the construction. Thus, the Gumties were standing on...
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