Madhya Pradesh Court March 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Dr. Awtarsingh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-16-1993
Reported in: 1994CriLJ1575
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 Cr.P.C.2. It is said that on 28-6-1991 at village Parrawan P.S. Mehgaon in Bhind district (MP) 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 had sustained an injury at the back of his head and succumbed to that injury on 2-7-91 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 days of the incident by Balwan Singh. The injured...
Harsh Wood Products Pvt. Ltd. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-12-1993
Reported in: 1993(0)MPLJ901
ORDERT.N. Singh, J. 1. This matter was listed before us for the first time on 8-2-1993 when complaint was made to us that respondent Madhya Pradesh Electricity Board, for short, the 'Board' was designedly delaying the proceedings by not filing return to the serious detriment of the petitioner, despite order passed on 30-12-1992 for the matter to be heard and finally decided in the third week of January, 1993, allowing two weeks' time to the respondents to file return. The return came on record on 25-2-1993 and hearing was taken up on the same date, but concluded on 27-2-1993.2. The petitioner Company, for short, the 'Company', which is registered as a Small Scale Industrial Unit is running a factory at Banmore, District Morena, where manufacturing of Kattha-cutck is undertaken. The raw material used is Khair wood which is supplied by the Forest Department of the State Government under agreement dated 19-12-1981. The Board provided to the Company's factory L. T. power connection since 2...
Yogesh Mishra Vs. Munnalal and ors.
Court: Madhya Pradesh
Decided on: Mar-11-1993
Reported in: I(1995)ACC328; 1994ACJ134
S.K. Dubey, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of the compensation awarded for the injuries in the right radius and ulna and a fracture of the right thumb, causing permanent disablement to the extent of 20 per cent, resulting in flex restriction in the right elbow in between 50 degrees and 135 degrees, which on examination by Dr. K.T. Dholakia, an Orthopaedic Surgeon of international fame, was assessed and advised treatment. But, in spite of taking treatment and physiotherapy the restriction did not improve, hence the appellant got again himself examined on 23.3.1991 by Dr. C.J. Gaekwad, an Orthopaedic Surgeon and Reader in Orthopaedics in J.A. Group of Hospitals, who assessed physical disablement because of the restriction in right elbow and in the wrist to the extent of about 20 per cent of upper limb, whose certificate is Exh. P-28.2. It is not disputed that the driver of the vehicle, on admission, was convicted and sentenced to...
Ramdarshan Rolling Mills Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-10-1993
Reported in: 1993LC598(MP); 1995(75)ELT732(MP)
ORDER1. This is an application by the original petitioner in M.P. No. 1371/89 for extension of time granted to CEGAT for deciding the appeal by order dated 28-1-1992 passed in M.P. No. 1371/89.2. We have heard Shri J.W. Mahajan, learned counsel for the applicant and Shri E.G. Neema, the learned standing counsel for Union of India who appears on advance copy being supplied to him. A perusal of the order dated 28-1-1992 passed in M.P. No. 1371 /89 shows that the time limit of three months was granted to CEGAT for disposal of the appeal and it was directed that till the appeal is disposed of the order shall be continued. The complaint is that within the period of three months and in the extended period granted in another M.C.C., the matter has not been disposed of. We fail to understand how the petitioner is prejudice if the stay order is continued till the disposal of the petition. The time stipulated in M.P. No. 1371/89 and extended in another M.C.C. was only an expectation of this Cour...
Alamgir Vs. Shrikishan Sitaram Khandelwal and ors.
Court: Madhya Pradesh
Decided on: Mar-10-1993
Reported in: II(1994)ACC279
A.R. Tiwari, J.1. This appeal has been filed under Section 110-D of the Motor Vehicles Act, being partly aggrieved by the award given by the Second Member Motor Accident Claims Tribunal, Indore in Claim Case No. 63/79.2. Briefly stated the facts of the case are that the appellant and his brother Alauddin sustained injuries due to the accident on 5.12.1978 caused by the truck bearing Registration No. MHS 8508. The respondent No. 1 is the owner of this truck. The respondent No. 2 is the driver who drove the aforesaid vehicle at the relevant time. The respondent No. 3 is the Insurance Company where this truck was insured. The accident occurred at 9.00 p.m. On 5.12.1978 when the appellant and his brother were proceeding towards Snehlatganj, Indore. The driver particularised above, drove the aforesaid truck rashly and negligently and dashed it against the appellant and his brother as a result of which they sustained the injuries and fracture. The appellant was treated in the M.Y.H Indore. H...
Ram Sewak Vs. Savitribai and anr.
Court: Madhya Pradesh
Decided on: Mar-09-1993
Reported in: 1993(0)MPLJ480
ORDERS.K. Chawla, J.1. This revision is directed against revisional order of the Court of Session, setting aside Magistrate's order rejecting the complainant's application for summoning witnesses.2. In a complaint filed by Savitri Bai (non-applicant No. 1 herein) against petitioner Ram Sewak on 21-7-1977, the Magistrate framed charge under Section 495, Indian Penal Code for the offence of bigamy coupled with concealment of former marriage against the petitioner on 22-9-1980. It was only after lapse of considerable time, i.e. on 31-1-1983, that the complainant could be further cross-examined after charge. The complainant on that day examined one more witness named Dayaram. Her two more witnesses Nathuram and Tulsi were also present but they could not be examined on that day because the Court's time was over. Those witnesses were directed to be bound over for the next date, i.e. for 17-3-1983. On that date those witnesses remained absent and the learned Magistrate directed that if the co...
Arunodaya Exports Vs. the Collector of Customs and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1993
Reported in: 1993(44)ECC250
ORDER5.5.19931. Shri Chafekar, Senior Advocate, with Shri V.K. Jain for the petitioner. Shri B.G. Neema, learned Standing Counsel for Union of India, appears on an advance copy of the stay application having [been] supplied to him by the petitioner.2. They are heard.3. On the point of jurisdiction of this Court a question was posed to the petitioner in view of the fact that the goods in question were unloaded at Kandla Port. Shri Neema, learned Standing Counsel for the Union of India submitted that the wordings of Article 226 Sub-clause (i) and (ii) read together clearly indicate that the proper forum for invoking the writ jurisdiction would be High Court of Gujarat. Shri Chafekar, learned Counsel for the petitioner pointed out that after the 42nd amendment even if a part of cause of action has accrued or arisen within the territorial jurisdiction of this Court, a writ can be issued which can be executed beyond the territorial jurisdiction of this Court, State of M.P.4. In view of the ...
AllaudIn Vs. Shri Krishan and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1993
Reported in: II(1995)ACC416
A.R. Tiwari, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act has been filed against the award passed by the Second Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 74/79 on 1.4.1983.2. Briefly stated the facts of the case were that the appellant and his brother Alamgir were proceeding from Malgodown Road towards Snehlataganj, Indore at 9.00 p.m. on 5.12.1978 when the respondent No. 2 who was driving the truck, bearing registration No. MHS-8508 at that time dashed it against these two persons and caused injuries on their persons Alamgir has also preferred a claim on account of injuries sustained by him. His Appeal No. M.A. 213/83 was also heard and decided today. It was asserted that the respondent No. 2, the driver of the vehicle in question drove the vehicle rashly and negligently. The respondent No. 1 is the owner of the vehicle and respondent No. 3 is the Insurance Company where this vehicle was insured. The appellant sustained injuries. On these...
Smt. Sitabai and ors. Vs. M.P. Rajya Pariwahan Nigam and anr.
Court: Madhya Pradesh
Decided on: Mar-04-1993
Reported in: II(1993)ACC681; 1994ACJ471; AIR1994MP34
R.D. Shukla, J. 1. This appeal is directed against the judgment and award dated 8-7-86 of the Motor Accident Claims Tribunal, Indore passed in Claim Case No. 5 of 1982; whereby the claimant-appellants have been awarded compensation of Rupees 34,000/- for the death of Kamalsingh - the husband of claimant-appellant No. 1 and father of claimant-appellants Nos. 2 and 3.2. The brief history of the case is that Kamalsingh was engaged in purchase and sale of cattles including she buffaloes, On the date of incident i.e. on 20th September, 1981 he along with Sajjansingh was carrying the buffaloes to the destination. There were nearly nine buffaloes in all. Kamalsingh-deceased and Sajjansingh were following those catties. Both of them were coming from Choral to Indore.The motor-bus owned by respondent No. 1 and driven by respondent No. 2 was proceeding from Indore to Burhanpur. It was being plied with an excessive speed at about 7 to 7.30 p.m. because of the rash driving of the vehicle, it dashe...
Hukumchand Vs. Biharilal (Deceased by Lrs.) and ors.
Court: Madhya Pradesh
Decided on: Mar-04-1993
Reported in: AIR1993MP145; 1994(0)MPLJ358
S.K. Dubey, J.1. The defendant aggrieved of the order dated 9-7-1992 passed in Civil Appeal No. 29/1991 by the District Judge, Vidisha, refusing to set aside the order of abatement of the appeal, has preferred this appeal under Order 43, Rule 1(k), Civil P.C., for short, the 'C.P.C.'2. A preliminary objection has been raised by Shri K. B. Chaturvedi, learned counsel for the respondents/ plaintiffs that in view of Section 104, C.P.C. the order of refusing to set aside the abatement, passed in the appeal, cannot be construed to have been passed in exercise of the original jurisdiction; therefore, no appeal will lie under Order 43 Rule 1(k). Counsel pressed into service Sat Pal v. Budha Lalji, AIR 1968 Punj & Har 70; Babubhai Ratanchand v. Motilal, AIR 1974 Guj 152 and C. Kalahasti v. P.C.M. Chetti, AIR 1975 Mad 3.3. On the other hand, Shri M. M. Kaushik, learned counsel for the appellant/ defendant, submitted that Order 43, Rule 1(k) has to be interpreted along with Order 22, Rule 11, C....
- ‹ Prev
- 1
- 3
- Next ›
- Last »