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Madhya Pradesh Court July 1994 Judgments

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Jul 04 1994

Shripat Rao and ors. Vs. Raghuvirsingh and ors.

Court: Madhya Pradesh

Decided on: Jul-04-1994

Reported in: AIR1995MP113

T.S. Doabia, J.1. The plaintiffs were successful in the trial court but were unable to convince the lower appellate court. The verdict having gone against them they have preferred this second appeal.2. The case of the plaintiffs is that they were in need of money. They accordingly proposed to the defendant to advance some amount by way of loan. It is stated that the defendant agreed to advance a loan on the condition that a proper security should be furnished. The condition laid down was that the plaintiffs should execute a sale deed in favour of the defendant. It was also agreed that in the event of repayment of the loan amount with interest at the rate of 6 per cent per annum the defendant would reconvey the land to the plaintiffs. The outer limit for reconveyance was fixed as 5 years. It is stated that on above arrangement having been agreed upon the plaintiffs sold their land vide two agreements executed on 27th June, 1962 in favour of the defendant. The land which was subject-matt...


Jul 04 1994

Ram Karan and anr. Vs. Vijayanand and Virjanand and anr.

Court: Madhya Pradesh

Decided on: Jul-04-1994

Reported in: (1995)IILLJ171MP

ORDERT.S. Doabia, J.1. This is an appeal preferred under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act'). The claimants are parents of deceased Lachmi. The claimants are satisfied with the quantum of compensation which was fixed at Rs. 47,720. They however pray that penalty may also be imposed. According to them, there was a failure to make the payment within the stipulated period. According to them penalty at the rate of 50% should have been allowed.2. The facts in brief may be noticed as under:An accident is stated to have taken place on May 30, 1987. The brakes of the truck failed. It rolled back and overturned resulting in the death of Lachmi. Claim petition was filed on September 25, 1987, It is alleged that the owner of the truck acquired the requisite knowledge immediately and under the law it should be presumed that he had the requisite notice under Section 10 of the Act. It may further be seen that the claim as orginally lodged was ame...


Jul 04 1994

Jagannath Prasad Vs. Municipal Committee and anr.

Court: Madhya Pradesh

Decided on: Jul-04-1994

Reported in: 1995(0)MPLJ212

T.S. Doabia, J.1. This is plaintiff's second appeal. He lost before both the Courts below. His case is that he has been carrying on his business in a wooden cabin. A pan shop is being run by him. He came to the Court with a plea that there is relationship of landlord and tenant between him and Municipal Council. Morena and as such he cannot be evicted from the site in question. The plaintiff placed reliance on receipts which mentions the word 'ground rent'. It was on these premises the contention was raised that there exists a relationship of landlord and tenant and the Municipal Council cannot evict him.2. The case of the Municipal Council, Morena was that the plaintiff was carrying on his business on a vacant space which falls within the term public street. It was further the case of the Municipal Council that no relationship of landlord and tenant exists; the plaintiff being merely a licensee sitting on the land on daily licence fee. The trial Court came to the conclusion that merel...


Jul 01 1994

Sarjubai Vs. Fajalkhanbhai and anr.

Court: Madhya Pradesh

Decided on: Jul-01-1994

Reported in: 1994ACJ1240

A.G. Qureshi, J.1. This miscellaneous appeal is directed against the award dated 8.11.1985 passed in Claim Case No. 15 of 1985 by the Motor Accidents Claims Tribunal, Jhabua, dismissing the application under Section 110-A of the Motor Vehicles Act of the claimant for grant of compensation to the extent of Rs. 1,60,000/- against the non-applicant for the death of Lata, who, according to the applicant, met with an accident due to the rash and negligent driving of the vehicle by the driver of bus No. RJB 259, which at the relevant time was being driven by respondent No. 1.2. According to applicant, the deceased met with the accident due to the rash and negligent driving by the driver of bus No. RJB 259, Fajalkhan, respondent No. 1, and, therefore, the claimants are entitled for the compensation. In the joint written statement the non-applicant Nos. 1 and 2 denied the allegations made by the claimants.3. After framing the issues the court found that it has not been proved that the driver w...


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