Madhya Pradesh Court April 1993 Judgments
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Sushma W/O Maheshkumar and anr. Vs. Devraj Pyareram Verma
Court: Madhya Pradesh
Decided on: Apr-06-1993
Reported in: 1994(0)MPLJ186
ORDERA.R. Tiwari, J.1. This appeal, preferred under Section 32 of the M. P. Accommodation Control Act, 1961 (for short 'The Act') Has been directed against the order dated 4-3-1993 passed by the IInd Addl. Judge to the Court of District Judge, Indore in M. A. No. 2/93 thereby maintaining the order dated 22-1-1993 passed by the Rent Controlling Authority, Indore in Case No. A-90(4)/47/92.2. The order passed by the Rent Controlling Authority and affirmed by the Lower Appellate Court is to the effect that the appellants should restore the essential service temporarily after effecting the repairs in the accommodation used as latrine and bath-room.3. The matrix in short is that the respondent is the tenant in House No. 8 Palasia Hana (New Palasia Street No. 4), Indore. The appellants became the landlords of the respondent after purchase of the suit-house by a registered sale-deed dated 5-11-1991. The relationship of landlord and tenant is thus not in dispute. In October, 1992, the appellant...
Nandkishore Tiwari Vs. Collector-cum-district Magistrate and ors.
Court: Madhya Pradesh
Decided on: Apr-06-1993
Reported in: I(1994)ACC138; 1993CriLJ2883
R.D. Shukla, J.1. The petitioner, owner of Tourist vehicles, challenges the order dated 15-2-1993 of the District Magistrate, Indore passed under Section 144, Cr.P.C. whereby the petitioner has been restrained from operating the tourist buses from a private land near 'Rajgarh Kothi' Indore.2. The petitioner carries on business of travelling agency and plies omni buses in the name and style of 'Vijayant Travels'. He has been granted permits under Section 88(9) of the Motor Vehicles Act as All India Tourist Permits. He further holds licences for Special Contract Carriages.3. The R.T.A. Indore has in exercise of powers under Section 117 of the Motor Vehicles Act, 1988 and Rule 239 of the M.P. Motor Vehicles Rules, 1974 declared Indira Complex near A-B Road as 'Bus-stand' for Stage Carriages.4. The petitioner has taken an open piece of land measuring 1600Sq. ft.(Annexure'C') on lease. He is operating All India Tourist Buses and Contract Carriage Buses from the said premises.5. Looking to t...
Kalu and Mangilal Vs. Shri Naveenchandra and ors.
Court: Madhya Pradesh
Decided on: Apr-06-1993
Reported in: II(1994)ACC157
R.D. Shukla, J.1. The appeal is directed against the Judgment & Award dated 24.1.1985 of Motor Vehicle Accident Claims Tribunal Shajapur, passed in claim case No. 3/82, whereby the claimant-appellant has been awarded a compensation of Rs. 20,040/- in all for the injuries sustained by him, in a motor accident on 25.12.1981 near the bridge of die Tiller river.2. This is not in dispute that the motor vehicle truck No. CPE 8937 was owned by respondent No. 1 and on the date of accident it was driven by respondent No. 2 driver and further it was insured with respondent No. 3. On the date of the incident claimant and one Lalu were going on a bicycle. The truck referred above came with high speed and dashed against the cycle. The legs of me claimant was crushed and it has to be amputated subsequently. The report of the incident was made, the claimant was admitted in hospital. In order to save his life die leg has to be amputated. The appellant thereafter filed a claim for compensation of Rs. 1...
Sunderlal Patwa Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Apr-02-1993
Reported in: AIR1993MP214
S.K. Jha, C.J. 1. We have assembled today for the purpose of deciding only one incidental matter on which learned counsel for the parties insist. We give our ruling at the outset before we proceed further to hear the counsel for the parties on merits of the writ petition. That limited question as to the legality or propriety of the Governor either in his official capacity or by name described as the Governor, respondent No. 6 in the writ petition was warranted in law or was. precluded by virtue of the legal immunity attached to the Governor on account of his acts done or purported to be done in his official capacity under the provisions of Article 361 of the Constitution of India. While on the one hand, Shri N. C. Jain, learned counsel for the petitioner insists that Shri Kunwar Mehmood Ali, Governor of the State of Madhya Pradesh was a necessary party and no immunity could be enjoyed by him qua a Governor under Article 361 of the Constitution, It was not only proper but legal for him ...
Dr. Smt. Leelarani Vs. Sh. K.S. Hora and ors.
Court: Madhya Pradesh
Decided on: Apr-02-1993
Reported in: II(1994)ACC164
A.R. Tiwari, J.1. This appeal, filed under Section 110-D of the Motor Vehicles Act, is directed against Award dated 17.5.1983 passed by the Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 4/80.2. Briefly stated, the facts of the case are that appellant-claimant was posted as Lady Assistant Surgeon in the District Hospital, Jhabua. The matrix as regards occurrence of accident in particularised in next paragraph.3. On 11.9.1980 at about 12.00 noon she returned from Indore by bus and got down at die bus-station, Jhabua. Therefrom she was going to her residence situated in the campus of the hospital. On die way, the respondent No. 1, Divisional Engineer, MPEB Dhar drove Jeep No. CPF 7945 rashly and negligently and hit the goat. The goat was killed. Soon thereafter, the respondent No. 1 hit the appellant and as a result of this accident, she sustained fracture on her left leg and also received six other injuries. The appellant was treated as Jhabua Hospital. Her left leg w...
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