Madhya Pradesh Court September 1993 Judgments
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Rai Singh Vs. Amarjeet Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-17-1993
Reported in: I(1995)ACC321
R.D. Shukla, J.1. The revision is directed against the order dated 1.9.1990 of the Motor Accidents Claims Tribunal (XI/III Addl. District Judge), Indore, passed in Execution Case No. 107/77/88 whereby the non-applicants have been directed to deposit a sum of Rs. 1,047/- for the complete discharge of compensation awarded to the claimant. The controversy in the case is that in case of deposit by the respondents the amount is to be adjusted towards the interest and costs first or amount deposited should be adjusted towards principal sum.2. In the impugned order the learned Tribunal has directed that the money deposited by the Insurance Company shall be adjusted towards the principal amount and as such, only rupees referred above have been found due against the Insurance Company.3. The contention of the learned Counsel for the claimant-applicant is that the amount deposited by the Insurance Company should first be adjusted against the interest and costs and only rest of the amount be adjus...
Basantilal Jagannath Mahajan Vs. Rameshwarprasad Nanoolal Mahajan and ...
Court: Madhya Pradesh
Decided on: Sep-16-1993
Reported in: 1994(0)MPLJ113
A.R. Tiwari, J.1. This First appeal, presented under Section 96 of the Code of Civil Procedure (for short the 'Code') is directed against the judgment and decree dated 20-4-1976 rendered by the Addl. Judge, Mandsaur Camp Garoth to the Court of the District Judge, Mandsaur in COS No. 4-B/74 (old No. 8 -B/ 71), thereby granting the relief of specific performance of the contract as pleaded in the plaint.2. Briefly stated, the facts of the case are that survey Nos. 1280 and 1281 area 1.021 acres, owned by the appellant-defendant, are situated in village Shamgarh, District Mandsaur. Excluding the portion of this land i.e. 60 feet in width on the Southern. side near the fencing the remaining portion of these survey numbers was contracted to be sold on a consideration of Rs. 11,000/- on 13-9-1963. This contract was preceded by earlier agreements on 30-9-1961,19-10-1961, 6-11-1961 and 29-5-1962. Out of this consideration, the sum of Rs. 6,000/- was paid to the defendant whereas the balance con...
Champalal Harchand Mahajan Vs. Kanakmal Devchand Mahajan and ors.
Court: Madhya Pradesh
Decided on: Sep-16-1993
Reported in: 1994(0)MPLJ140
A.R. Tiwari, J.1. This appeal presented under Section 96 of the Code of Civil Procedure (for short, 'the Code') is directed against the judgment and decree dated 13th February, 1978 rendered by the Additional Judge to the Court of Distt. Judge, Jhabua in COD No. 1-D of 77, thereby dismissing the Appellant's suit on the ground of untenability in view of Section 32 of the Arbitration Act, (for short, 'the Act').2. Briefly stated, the facts of the case are that parties had faced some dispute as regards monetary liability. They, therefore, referred that dispute to the Panchas in 1974 without intervention of the Court, The panchas passed Award on 27-9-1974. On the basis of that Award, the appellant was held entitled to recover the sum of Rs. 16,000/- from the respondents. The parties, on being read over, accepted this award and declared the intention to act according to it. In pursuance of this, the respondent No. 1 paid the sum of Rs. 3000/- to the appellant on 31-10-1974 through panch Bab...
Mangilal Vs. M.P.S.R.T.C. and ors.
Court: Madhya Pradesh
Decided on: Sep-16-1993
Reported in: 1(1994)ACC93
R.D. Shukla, J.1. This order shall also dispose of M.A. No. 245/84 and M.A.No. 275/ 84 M.P.S.R.T.C. and Ors. v. Mangilal.2. Both the appeals are directed against the judgment and Award dated 5.5.84 of the M.A.C.T., Indore passed in claim case No. 166/81 whereby the claimant Mangilala has been awarded a compensation of Rs. 12,375/- in all for sustaining injury in the motor accident by bus No. CPH 8750 on 24.5.81. Mangilal was also held liable for contributory negligence and, therefore, the amount of compensation calculated was reduced to half i.e. Rs. 12,375/-.3. Appeal No. 245/84 has been filed by claimant Mangilal challenging the finding of contributory negligence and for enhancement of compensation;Misc. Appeal No. 275/84 has been filed by M.P.S.R.T.C. challenging the finding of negligence and award of compensation.4. The undisputed facts of the case are that Mangilal sustained injury in the motor accident on 24.5.81. The accident occurred from Motor-bus No. CPH 8750. It was owned by...
Sunil Kumar Vs. Usha W/O. Sunil Kumar
Court: Madhya Pradesh
Decided on: Sep-14-1993
Reported in: AIR1994MP1; 1994(0)MPLJ201
A.R. Tiwari, J.1. This appeal presented under Section 28 of the Hindu Marriage Act,1955 (for short 'the Act') is directed against the judgment and decree dated 6-5-199! rendered by Additional Judge to the Court of the District Judge, Indore in Hindu MarriageCase No. 237/91 thereby dismissing the application seeking dissolution of marriage by a decree of divorce on the ground of cruelty and desertion.2. Briefly stated the facts of the case are that the parties to this lis were married in June, 1956 according to Hindu rites. They have been living separately since October, 1986. The case pleaded by the appellant was that the respondent lived with him only for about 15 days and thereafter, deserted him. Another ground was that the respondent has treated the appellant with cruelty in that she denied him the sexual intercourse and threatened him about lodgment of false complaint and commission of suicide. The respondent resisted the claim of divorce and asserted that she never denied the com...
Mahendra Prasad Mishra Vs. Mohd. Sabbir and anr.
Court: Madhya Pradesh
Decided on: Sep-14-1993
Reported in: 1994ACJ942
D.M. Dharmadhikari, J.1. The Claims Tribunal, Rewa, by order passed on 27.4.1992 has awarded interim compensation under Section 140 of the Motor Vehicles Act, 1988, in the sum of Rs. 12,000/-, with interest, in favour of non-applicant No. 1, for the injuries sustained by him in a motor accident, which took place on 22.6.1991.2. The owner of the vehicle involved has preferred this revision under Section 115 of the Code of Civil Procedure, against the interim award of compensation, passed by the Tribunal. The contention advanced is that there was no evidence, even prima facie, on record to hold that the claimant had suffered any 'permanent disablement' as defined in Section 142 of the Motor Vehicles Act. The award is, therefore, assailed on the ground that there was no justification for awarding a sum of Rs. 12,000/- as interim compensation.3. The learned counsel for the claimant points out that it was not disputed before the Claims Tribunal that non-applicant No. 1, Mohd. Sabbir, had su...
Jagdishchandra Vs. Jalamsingh
Court: Madhya Pradesh
Decided on: Sep-14-1993
Reported in: 1(1994)ACC459
R.D. Shukla, J.1. This order shall dispose of M.A.No. 196/82 and M.A.No. 225/82 (Jalamsingh v. Jagdishchandra and Ors.).2. Both these appeals arise out of the judgment and award dated 16th April, 1982 of Motor Accident Claims Tribunal, Ujjain whereby the Award of Rs. 10,300/- has been granted in favour of claimant-appellant in appeal No. 196/82 and while exonerating the National Insurance Co. the liability of payment has been saddled on Jalamsingh, owner of the motor-tempo (appellant in Appeal No. 225/82 and respondent No. 1 in appeal No. 196/82).3. The brief history of the case is that appellant Jagdishchandra filed a claim petition before the Claims Tribunal with the assertions that on 30th March, 1977 the claimant had come to Ujjain. He was going to Bherugarh in motor Tempo No. 3023. It was being driven rashly at an excessive speed and was not slowed despite protest from the claimant. As a result of rash and negligent driving it over-turned. Accident occurred at 12-15 in the day. Th...
Mohammad Rafique Vs. Narayan Chabada and ors.
Court: Madhya Pradesh
Decided on: Sep-13-1993
Reported in: 1(1994)ACC239
R.D. Shukla, J.1. This order shall also dispose of Cross-objection filed by the respondent Nos. 1 and 2.2. The appeal is directed against the judgment and award dated 18.4.1984 of the Motor Accident Claims Tribunal, Indore passed in Claim Case No. 91/81; whereby the claimant has been awarded Rs. 4,750/- as compensation.3. The undisputed facts of the case are that applicant-appellant was a tailor at the time of accident. Motor-car No. MPB 7871 was owned by respondent No. 1. It was being driven by respondent Non-applicant No. 2 on the date of accident i.e. 10.1.81 at about 11.00 a.m. The Vehicle was insured with respondent N.A.No. 3. The claimant filed a petition before the Tribunal with the assertions that he was proceeding from Daulatganj to Jail Road and was walking on his left side. Meanwhile the motor-car being driven by N.A respondent No. 2 came in a high speed and dashed against him. He was thrown few feet away. He sustained injuries on his left hand. There was a fracture in the l...
Kesharsingh and anr. Vs. Bhavsingh and ors.
Court: Madhya Pradesh
Decided on: Sep-11-1993
Reported in: 1994(0)MPLJ268
ORDERR.D. Shukla, J.1. The petitioners challenge the order of Sub- Divisional Officer (Annexure 'D') and the Appellate order of Collector (Annexure 'C') whereby the sale of land bearing Survey No. 1187 area 9.7 acres of village Kanadia for a sum of Rs. 2500/- in favour of the petitioner has been set aside with the further direction of delivery of possession to respondent No. 1, the vendee of the land.2. This case has a checkered history. The petitioners, as claimed by them purchased land vide registered sale-deed dated 27-6-1960 (Annexure 'A'). The petitioner was in possession of the disputed land.3. The respondent No. 1 filed an application before the Debt Relief Court which was registered as case No. 283/75-76 with the assertions that the transaction of sale (Annexure 'A') was in fact transaction of loan and the land was mortgaged. Learned Debt Relief Court vide order dated 9-1- 1978 found that the transaction was not of loan or mortgage but the sale of land outright. Respondent No. ...
Jabalpur Bus Operators' Association through Its Secretary Mahendra Cha ...
Court: Madhya Pradesh
Decided on: Sep-09-1993
Reported in: I(1994)ACC265; AIR1994MP62; 1993(0)MPLJ992
P.P. Naolekar, J. 1. This order shall also govern disposal of Misc. Petition No. 979 of 1993 (Jagdish Singh v. State of M.P.), Misc. Petition No. 1388 of 1993 (M/s. Public Travels v. Union of India), 1562 ofl993(M/s. Akhtari Begum v. Union of India), Misc. Petition No. 1808 of 1993 (Kanker Roadways v. State of M.P.), Misc. Petition No. 1945 of 1993 (Janki Prasad Singhal v. State of M.P.) and 1970 of 1993 (Capital Roadways v. Union of India).2. The petitioners are transport operators operating their vehicles under the permits granted to them by the transport authorities of the State of Madhya Pradesh under the provisions of the Motor Vehicles Act, 1988, falling under category of Vehicles shown in Schedule-1, Clauses (iv) (d) (i) (ii) (2) of the Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991.3. The State Legislature enacted an Actcalled the Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991 (Act No. 25 of 1991),as amended by Act No. 26 of 1991, which received the assent of the Governor o...
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