Madhya Pradesh Court March 1995 Judgments
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Ashok Vs. Ashok Thakur and ors.
Court: Madhya Pradesh
Decided on: Mar-14-1995
Reported in: I(1995)ACC536
J.G. Chitre, J.1. This revision is being finally decided on the prayer of both the parties.2. The main grievence of the petitioner is that the Tribunal rejected the prayer for interim relief under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as Act), for no reasons, Shri Rajpal submitted that there is a certificate from the medical practitioner from Chaithram Hospital certifying that the petitioner suffers 10% permanent disability because of the accident in question.3. The principle behind enacting Section 140 of the Act is benevolent and it is specially made for the purpose of giving interim relief to a victim who has approached the Tribunal for getting the compensation for the permanent disability suffered by him in an accident in which vehicle has been involved. When there is a certificate of medical practitioner certifying a permanent disability, there is no reason for Tribunal to reject a prayer for interim relief in view of Section 140 of the Act. Therefor...
Union of India (Uoi) and anr. Vs. Ramchand Naraindas
Court: Madhya Pradesh
Decided on: Mar-13-1995
Reported in: AIR1995MP216; 1995(0)MPLJ560
U.L. Bhat, C.J.1. Respondent herein, a telephone subscriber who received a bill for telephone charges, which according to him, was not correct or proper, filed a suit for a declaration to that effect and for consequential injunction restraining disconnection of the telephone facility. On the date fixed for appearance of the defendants, the telephone department, the defendant, filed an application contending that plaintiff has raised a dispute coming within the operation of Section 7B of the Indian Telegraph Act, 1885 and, therefore, the dispute should be referred to arbitration. The Court held that provisions under Section 7B are not attracted and accordingly dismissed the application. The dismissal of the application is challenged in this appeal2. The averments in the plaint have been read before me. The contention of the plaintiff is that the meter reading shown in the telephone bill served on him is not the reading of the meter of his telephone, that the bill has been prepared on th...
Pan Bai Vs. Imrat Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-13-1995
Reported in: AIR1995MP254; 1995(0)MPLJ950
ORDERT.S. Doabia, J.1. This Order shall govern the disposal of the two writ petitions preferred under Articles 226 and 227 of the Constitution of India. These are: Writ Petition No. 102 of 1995 and Writ Petition No. 104 of 1994. The facts in Writ Petition No. 102 of 1995 be first noticed.2. An election was held to the Gram Panchayat of Gopalpur Taktaiyan, district Guna. The present petitioner won by margin of 9 votes. He was declared elected to the office of Panch. An election petition was filed on the ground that five persons whose names were ordered to be included in the electoral roll were not permitted to cast their votes. The Election Court took notice of this fact and recorded a finding that this has materially affected the result of the election of thepresent petitioner and accordingly set aside the election. Copy of the Order is Annexure P/1. The other ground urged by the respondent election petitioner -- is that six persons, whose names were already on the electoral roll were ...
National Insurance Co. Ltd. Vs. Meena Sharma and ors.
Court: Madhya Pradesh
Decided on: Mar-13-1995
Reported in: 1995ACJ1132
D.M. Dharmadhikari, J.1. This appeal by the insurance company has been preferred under Section 110-D of the Motor Vehicles Act, 1939, against the award of the Motor Accidents Claims Tribunal, Guna, passed on 4.2.1989, awarding a total sum of Rs. 1,89,000/- in favour of the claimants of deceased Pradeep Kumar, aged 25 years, who died in an accident on 17.12.1985.2. The learned counsel appearing for the insurance company made an attempt to assail the award, firstly, on the ground that the vehicle involved had been transferred to Devilal alias Munnalal Tyrewala, respondent No. 5 and, secondly, the insurance policy was issued in favour of respondent No. 6, the original owner. It is contended that since the transfer was made of the vehicle without intimation to the insurance company its liability under the policy ceases. Attempt was made also to assail the award on quantum.3. A Division Bench of this court to which one of us (Tej Shankar, J.) was a party, in United India Insurance Co. Ltd. ...
Pappu Alias SirajuddIn Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-13-1995
Reported in: 1995CriLJ4143
P.N.S. Chouhan, J.1. Six persons were tried in S. T. No. 235 of 1990 of Bhopal Sessions Division on charges of committing murder of Bharat Singh and causing simple injuries to Jagdish (P. W. 5) and Shankarlal (P. W. 1) on 17-5-1990 in front of Chandbad temple in Bhopal near the Jhuggi belonging to Shankarlal. Vide Judgment dated 10-10-1991 five accused were acquitted and appellant Pappu alias Sirajuddin was convicted Under Section 302, I.P.C. and sentenced to imprisonment for life which is under challenge in this appeal.2. The appellant was running a Kirana shop near the Jhuggi of Shankar. On the date of incident, i.e., 17-5-1990, at about 7.00 p.m., the appellant along with acquitted accused Maniram and Suresh were dancing in front of the said kirana shop where a tape recorder was blaring. Shankarlal protested saying that gekjs ?kj esa cgw csfV;k gS His protest went unheeded. Then he went and called Vimlabai (P. W. 2) and her husband Santram (P. W. 6) from their nearby dairy. They too...
New India Assurance Co. Ltd. Vs. Pushpa Devi and ors.
Court: Madhya Pradesh
Decided on: Mar-13-1995
Reported in: II(1995)ACC49
D.M. Dharmadhikari, J.1. This appeal under Section 178 of the Motor Vehicles Act, 1988, has been preferred by the New India Assurance Company against the Award dated 7.5.1991 passed by the Motor Accident Claims Tribunal Gwalior.2. Briefly, the facts are that Shri Krishna Agrawal who was riding on Luna Moped bearing registration No. URI 2193 collided with Fiat Car No. MBW 126 in which he lost his life. The claims Tribunal by the impugned award determined a sum of Rs. 1,08,000/-as compensation to be paid jointly by the appellant-Insurance Company and the owner of the Fiat Car, respondent No. 4.3. The learned Counsel appearing for the Insurance Company has raised only one ground in support of his appeal. He contended that under the terms of the Insurance Policy which is on record the liability of the Insurance Company was limited to a sum of Rs.50,000/-in case of one accident.4. We have looked into the terms of the Insurance Policy which is on record. The learned Counsel submits that the ...
Pawan Kumar Khullar Vs. Kaushal Leather Board Limited
Court: Madhya Pradesh
Decided on: Mar-10-1995
Reported in: AIR1996MP85; [1996]87CompCas130(MP); 1996(0)MPLJ435
D.P.S. Chauhan, J.1. The petition contains a prayer for winding up of the Company known as 'Kaushal Leather Board Limited', which is a company registered under the Companies Act, 1956.2. Learned counsel relied on provisions of Section 433 Sub-section (c) in support of her submissions for order of the winding up of the Company. Sub-section (e) of Section 433 of the Companies Act, 1956 is as extracted below:'433. A company may be wound up by the Court :--(e) if the company is unable to pay its' debts;'3. The petition is at the behest of Pawan Kumar Khullar, who was an employee of the company and his salary has not been paid by the company and, therefore, for not payment of the salary the petitioner has approached this Court and prayed that company itself be wound up. The provision as relied on by the learned counsel for the petitioner says that the company may be wound up by the Court if the company is unable to pay the debts.4. There is difference between debt and salary. The salary is ...
Central Bank of India Vs. Devdatt Shukla and anr.
Court: Madhya Pradesh
Decided on: Mar-10-1995
Reported in: AIR1995MP214; 1995(0)MPLJ890
P.N.S. Chouhan, J. 1. The appellant is a nationalised bank. It presented Civil Suit No. 2-B/1979 for recovery of Rs. 44,058.00 from the respondents which was dismissed on 30-3-1988 by IIIrd Additional Judge to the Court of District Judge, Bilaspur on merits. An appeal against that judgment and decree was presented before this Court on 8-8-1988. It ought to have been presented latest on 6-8-1988 which was the last date of limitation. 7-8-1988 was Sunday. An application for condonation of the said two days delay was presented on the ground that the delay was occasioned on account of wrong calculation of limitation by the learned Advocate representing the appellant. Respondent No. 1 resisted the said application by filing a reply stating that the reason given for the delay was too vague to be understood. The learned single Judge, vide impugned order dated 21-8-1989 passed in F.A. No. 176/88, held that there was no sufficient cause for condoning the delay and dismissed the application. In ...
Tulsa Bai W/O Rajendra Singh Lodhi Vs. Rajendra Singh S/O Shivdas Lodh ...
Court: Madhya Pradesh
Decided on: Mar-10-1995
Reported in: 1996(0)MPLJ81
D.P.S. Chouhan, J.1. The controversy involved in the present appeal relates purely to the legal question and the facts have only peripheral relevance.2. Rajendra Singh, the husband of Smt. Tulsa Bai filed a suit for restitution of conjugal right in the Court below. The decree was granted for restitution of conjugal rights on 17-1-1991, where against an appeal was filed by the wife Smt. Tulsa Bai in this Court, which according to the learned counsel for the appellant, is pending for adjudication in this Court. Learned counsel for the appellant also submitted that in that appeal, no interim order was granted and as such, the decree for restitution of conjugal rights was in operation.3. The husband Rajendra Singh, after the grant of decree for restitution of conjugal rights on 19-1-1991, did not wait for a period of two years but immediately in the same year, filed a suit being Civil Suit No. 7-A/91, giving rise to the present appeal, which was on the grounds mentioned in Section 13(1)(ib...
Oriental Bank of Commerce Vs. Devi Prasad Verma and ors.
Court: Madhya Pradesh
Decided on: Mar-09-1995
Reported in: [1999]95CompCas490(MP); 1996(0)MPLJ155
P.N.S. Chouhan, J.1. Respondent No. 1 obtained a loan from the plaintiff-bank for purchase of a truck. Respondents Nos. 2 and 3 are the guarantors. The loan of Rs. 1,03,000 was to carry interest at the rate of 15 per cent, per annum with half-yearly rests. The truck was purchased and part payment made. The bank had to sue the respondents for outstanding dues and obtained a decree in C. S. No. 17B of 1982, of the Court of District Judge, Ratpur. All the crucial issues were held in favour of the bank but the learned District Judge did not award any interest pendente lite and awarded interest at 6 per cent, per annum from the date of decree till realisation. It is this finding as to award of interest which is under challenge in this appeal by the bank.2. Reliance was placed by the appellant's learned counsel on the following observations of this court in Bharat Engineering v. Punjab National Bank [1987] 2 Bank CLR 329 :'The provision contained in Section 21 of the Banking Laws (Amendment)...
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