Madhya Pradesh Court March 1993 Judgments
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Surya Prasad Vs. Ali Ahmed and Sons and anr.
Court: Madhya Pradesh
Decided on: Mar-31-1993
Reported in: 1(1994)ACC23
P.P. Naolekar, J.1. On 13.11.1979 bus No. UTS 8964 and a tractor No. CPA 5063 met with an accident, as a result thereof the trolley attached to the tractor was damaged. The appellant filed a claim petition claiming damages of Rs. 2774.48 for repairs of the trolley and Rs. 30/- as notice charges, totalling Rs. 2804.48. Admittedly, the respondent No. 1 Ali Ahmad & Sons is the owner of the bus and the bus was insured with respondent No. 3, The New India Insurance Company. The deceased respondent No. 2 Farjendh Ali Khan was the driver of the bus at the relevant time.2. The case of the appellant is that the bus was coming from Shahdol and was going towards Manendragarh; it was being driven rashly and negligently and as a result thereof the driver of the bus lost control of the bus and the accident took place; the trolley was badly damaged and was repaired for which the appellant has incurred the expenses as mentioned above. According to respondent No. 1, the bus was not driven rashly and ne...
Babulal Vs. Devraj
Court: Madhya Pradesh
Decided on: Mar-30-1993
Reported in: II(1994)ACC382
A.R. Tiwari, J.1. This appeal presented under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 30.3.1990 rendered by Member, Motor Accidents Claims Tribunal in claim Case No. 75/88, thereby allowing the compensation of Rs. 2150/-. The appellant/claimant is dissatisfied by the quantum and prays for suitable enhancement.2. Briefly stated the facts of the case are that the respondent No. 3 was the owner of Jeep No. MBD 703. At the relevant time respondent No. 1 was the driver on this Jeep. This vehicle was insured with respondent No. 2. It is alleged that the respondent No. 1 drove this vehicle rashly and negligently on 22.7.1988 at about 7.30 a.m. to 8.00 a.m. The claimant was going on his bicycle. The Jeep hit the bicycle as a result of which, the claimant/appellant sustained numerous injuries in this accident. He, therefore, filed a claim petition and claimed compensation of Rs. 32050/-. The respondent opposed the claim and pleaded that they were not liab...
Sita Ram Vs. District Abhiyanta Dursanchar, Raipur and anr.
Court: Madhya Pradesh
Decided on: Mar-29-1993
Reported in: AIR1994MP71; 1994(0)MPLJ78
P.P. Naolekar, J. 1. The appellant filed an application under Section 20 read with Section 46 of the Arbitration Act, 1940 (hereinafter called the Act) for directions to the respondents to file the arbitrations agreement in Court and to make an order of reference. During the pendency of the proceedings, the appellant also moved an application under Section 41 read with Schedule II of the Act for injunction. The trial Court after considering the application, granted an ex parte ad interim injunction restraining the respondents from disconnecting the appellant's telephone connection till 20th August, 1990 for non-payment of the telephone bills. This order was passed on 31-7-1990. 2. On 22-8-1990, the telephone connection of the appellant was disconnected by the respondents and, therefore, the appellant moved two applications for taking appropriate steps for breach of injunction order issued by the trial Court on 31-7-1990 and another application for direction^ to the respondents to resto...
Narendrasingh Sengar Vs. Shrimati Maltidevi and ors.
Court: Madhya Pradesh
Decided on: Mar-23-1993
Reported in: AIR1993MP248; 1993(0)MPLJ610
S.K. Dubey, J.1. The appellant/defendant has preferred this appeal under Section 96 of the Code of Civil Procedure against the ex parte judgment and decree dated 16-1-89, passed in Civil Suit No. 12A/1984 by Second Additional Judge to the Court of District Judge, Gwalior.2. Material facts giving rise to this appeal are thus : appellant is the husband of respondent No. 1, and the father of respondents Nos. 2, 3 and 4. Because of non-cordial relationship between the appellant and respondent No. 1, the appellant started living separately, hence, the respondents instituted a suit claiming monthly maintenance to them and the amount of expenses for the marriage of the daughter; Ku. Rajni. The defendant filed written statement and contested the suit. The trial Court on the pleadings of parties, where they were at real and substantial difference, framed as many as six issues. During trial on 18-2-87, the defendant could not appear at the time of call at 12.30 p.m., hence, the Court ordered to ...
Reliance Ispat Industries Ltd. and anr. Vs. Commissioner of Sales Tax ...
Court: Madhya Pradesh
Decided on: Mar-23-1993
Reported in: [1993]77CompCas381(MP)
V.S. Kokje, J.1. In this case a show-cause notice was issued and in response a reply has been filed on behalf of the respondents. Rejoinder to the reply has also been filed on behalf of the petitioner. The only short point is involved in the case and, therefore, with the consent of the parties the case was heard finally. The point is whether Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'the Act'), bars the impugned action of recovery of arrears of sales tax from petitioner No. 1-company. It is not in dispute that a reference under Section 15 of the Act was made to the Board for Industrial and Financial Reconstruction in respect of petitioner No.1-Company and a Reference Case No. 125 of 1991 was registered by the Board for Industrial and Financial Reconstruction. It is also not in dispute that on July 13, 1992, the Board for Industrial and Financial Reconstruction disposed of the case by passing an order declaring the petitioner company to be ...
Suresh Kumar Dwivedi and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-22-1993
Reported in: 1993(0)MPLJ663
ORDERS.K. Dubey, J. 1. The three petitioners, who are recognised teachers, working as Lecturers in three Government aided institutions (for short, the 'aided institutions'), D.A.V. Higher Secondary School, Naya Bazar, Lashkar, Gwalior; Maharudra Mandal Higher Secondary School, Lala Ka Bazar, Lashkar and Laxmibai Smarak Higher Secondary School, Nayi Sarak, Lashkar, Gwalior, to which the State Government pays cent per cent grants-in-aid, have preferred this petition under Article 226 of the Constitution of India, in a representative capacity, for seeking redress of the grievance of the teachers, alike petitioners, by a writ of mandamus or certionari or any other suitable writ, order or direction in the matter of payment of their salary and allowances, and for providing the same benefits and facilities to petitioners and other alike teachers which are being given to the teachers serving in Government institutions.2. Brief facts leading to this petition are thus : The petitioners and other...
Surendra Kumar JaIn Vs. Rajkumari and ors.
Court: Madhya Pradesh
Decided on: Mar-22-1993
Reported in: 1993(0)MPLJ712
ORDERS.K. Chawla, J. 1. The order under challenge in this revision by an accused is an order by Additional Sessions Judge under Section 398, Criminal Procedure Code setting aside order of discharge recorded by Chief Judicial Magistrate and directing further inquiry.2. A complaint was filed by non-applicant No. 1, Rajkumari in the Court of C.J.M., Vidisha, on 1-2-1984, alleging that she was legally married wife of petitioner Surendra Kumar Jain, but the latter despite that marriage had contracted a second marriage with one Sudha Jain on 22-11-1983. The petitioner had thus committed the offence of bigamy under Section 494, Indian Penal Code and his parents and brother, second wife Sudha Jain and her father had abetted the offence of bigamy under Section 494/109, Indian Penal Code. As many as six accused persons were impleaded in that complaint. The learned C.J.M. after recording the evidence of the complainant and her witnesses under Section 244, Criminal Procedure Code passed an order o...
State of Madhya Pradesh and ors. Vs. Shyamsunder Shivnarayan
Court: Madhya Pradesh
Decided on: Mar-22-1993
Reported in: 1994(0)MPLJ289
R.C. Lahoti, J.1. The defendant/State has come up in appeal feeling aggrieved by the judgment and decree of the lower appellate court partly decreeing the plaintiff/respondent's claim in reversal of the decree of the trial court which had dismissed the suit in its entirety.2. Vide order dated 23-4-1986 this Court admitted the appeal for hearing parties on the following two substantial questions of law:(1) Whether the finding of fact on the question of fixation of negligence and mala fides could be traversed by the Civil Court?(2) Whether in absence of any point of law, the finding in the Departmental Enquiry proceedings against the plaintiff/delinquent Officer could have been set aside?3. The facts relevant for disposal of this appeal may be briefly noticed. The plaintiff/respondent was a Ranger in the employment of the Forest Department of the Government of Madhya Pradesh. He was found to have committed negligence in discharge of his duty as a Ranger resulting into a loss of Rs. 3,000...
Ranchodsingh and anr. Vs. Padambai and ors.
Court: Madhya Pradesh
Decided on: Mar-17-1993
Reported in: II(1993)DMC484
K.M. Agarwal, J.1. This Second Appeal by the defendants No. 2 3 in the suit against his reversing judgment and decree of the lower Appellate Court was admitted for bearing on 23.1 79 on the following questions of law :--'1. Whether the learned lower Appellate Court had jurisdiction to hear and dispose of the appeal even though the Civil Courts Act does not provide for the Court of Additional Judge to the Court of 1st Addl. District Judge ?2. Whether the Court below was right in awarding mesne profits to the plaintiffs ?3. Whether Section 6 of the Hindu Minority and Guardianship Act is conclusive or under the special circumstances in the life time of the father, the mother could act as guardian of the minor and his property If so, whether the suit is maintainable ?2. It has come on record and also does not appear to be in controversy that the plaintiff/respondent No. 1 and his defendant No. 3 (respondent No. 3) are wives of one Bapusingh. The plaintiff/respondent No. 2 is the son of Bap...
Awatarsingh Dharamsingh (Dr.) Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-16-1993
Reported in: 1993(0)MPLJ492
ORDERS.K. Chawla, J.1. This revision is directed against an order of Additional Sessions Judge. Bhind, rejecting an accused's application that criminal proceedings against him be dropped in the absence of sanction by the State Government under Section 197, Criminal Procedure Code.2. It is said that on 28-6-1991 at village Parrawan P. S. Mehgaon in Bhind district (M. P.) three accused named, Mahadeo Singh, Avilakh Singh and Nihal Singh (non-applicants 2 to 4 in this revision petition) committed criminal trespass in the house of one Balwan Singh at about 7 A.M. They were armed with axes and lohangi. They assaulted the inmates of that house with those weapons. Balwan Singh, his father Bishan Singh and brother Dhyan Singh were injured in the incident. Bishan Singh has sustained an injury at the back of his head and succumbed to that injuy on 2-7-1991 while admitted in J.A. Group of Hospitals, Gwalior. The F.I.R. of the incident was lodged at 8.30 A.M. on the very day of the incident by Bal...
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