Madhya Pradesh Court May 1995 Judgments
Rubber Products Vs. Uoi and anr.
Court: Madhya Pradesh
Decided on: May-29-1995
Reported in: 1995(59)LC441(MP)
ORDERR.D. Shukla, J.1. This M.C.C. 375/95 has been filed with a prayer that time for deciding the appeal be extended.The learned Single Judge, while passing the order Ex P. 1, in M.P. No. 852/94, granted 4 months time from the date of the order i.e. 13.5.1994, for disposal of the appeal. That order was reviewed and the time was granted from 11.7.1994 to 11.11.1994. Thereafter, again, an application for extension of time, was filed and the time was extended by the learned Single Judge up to 31st Sep., 1995. Now, this application has been filed for further extension of time.The applicant here is an appellant before the C.J.M.Learned counsel for the respondent also submits that in this case, time has been extended thrice.The record does not show as to what progress in the case has been made till this date. It appears that the authorities have not taken the order of the High Court seriously.Non-compliance of the order of the High Court may amount to contempt.This Court hopes and trusts tha...
Tag this Judgment!National Insurance Co. Ltd. Vs. Ravishankar and ors.
Court: Madhya Pradesh
Decided on: May-10-1995
Reported in: 1996ACJ258
R.S. Garg, J.1. The appellant insurance company being aggrieved by the order dated 5.9.1990, passed in Claim Case No. 51 of 1990, by the learned Additional Member, Motor Accidents Claims Tribunal, Katni, has filed the present appeal. Brief facts leading to the present case are that the claimant Ravishankar, on 13.5.1990, while riding a cycle was hit by the non-applicant No. 1, when he was driving a scooter No. ATS 4014. As a result of the accident, respondent No. 1 suffered grievous injury, including a compound fracture. According to the claimant, non-applicant No. 2, Dashrath Prasad, was the owner of the vehicle and the vehicle was insured with the appellant insurance company. The claimant, on these facts, filed a claim petition and also moved an application under Section 140 of the Motor Vehicles Act. It was contended by Dashrath Prasad that neither he was riding the scooter nor there was any accident. A false report has been lodged against him. The insurance company contended that t...
Tag this Judgment!Sukhlal Vs. Mahesh
Court: Madhya Pradesh
Decided on: May-10-1995
Reported in: II(1995)ACC352
R.S. Garg, J.1. The appellant Sukhlal has filed the present appeal under Section 110-D of Motor Vehicles Act for enhancement of the sum awarded to him in relation to the award dated 16.7.1990 passed in claim Case No. 9/88 by the learned IIIrd Additional Member, Motor Accident Claims Tribunal, Chhindwara. The respondent has also filed cross-objections under Order 41 Rule 22 C.P.C. alleging that the Claims Tribunal committed an error in giving award and proper opportunity of hearing was not given to the respondent Nos. 1 and 2.2. The brief facts leading the appeal are, that on 26.5.1987 the appellant was going on his scooter alongwith Dr. Bhatnagar, the respondent No. 1 Mahesh driving Jeep No. WMA-2674, rashly and negligently dashed the appellant's scooter as a consequence of which the appellant received grievous injuries on right leg. It was also alleged that the said Jeep belong to original respondent No. 2. According to the appellant because of the injury' suffered by him he was lodge...
Tag this Judgment!State of Madhya Pradesh Vs. Budhram Kunkuram Satnami
Court: Madhya Pradesh
Decided on: May-09-1995
Reported in: 1995(0)MPLJ906
P.N.S. Chouhan, J.1. This judgment shall dispose of Cri. A. No. 431/95, Budhram v. State as well.2. Additional Sessions Judge, Sakti of Bilaspur Sessions Division, vide judgment, dated 10-3-1995, passed in S. T. No. 41/94 has held Budhram son of Kunkuram Satnami aged 28 years, resident of Basti Baradwar, P. S. Baradwar, District Bilaspur guilty under Section 302, Indian Penal Code and sentenced him to death. Cri. Ref. No. 3/95 is reference under Section 366 of the Code of Criminal Procedure made by him for confirmation of the aforesaid sentence of death. Cr. A. No. 431/95 is the appeal preferred by the condemned man.3. The prosecution case is that Kunkuram first married Heerabai. She gave birth to a daughter Urmila and a son Budhram (the appellant). When Budhram was 3 years' old and his sister Urmila 5 years' old, Kunkuram deserted his wife and children and left towards Allahabad with another woman Ravibai. During the absence of Kunkuram his wife Heerabai reared the children and marrie...
Tag this Judgment!State of Madhya Pradesh Vs. Budhram S/O Kunkuram Satnami
Court: Madhya Pradesh
Decided on: May-09-1995
Reported in: 1996CriLJ46
P.N.S. Chouhan, J.1. This judgment shall dispose of Cr. A. No. 431/95 (Budhram v. State) as well.2. Additional Sessions Judge, Sakti of Bilaspur Sessions Division, vide judgment, dated 10-3-1995, passed in S. T. No. 41/94 has held Budhram son of Kunkuram Satnami aged 28 years, resident of Basti Baradwar, P.S. Baradwar, District Bilaspur guilty under Section 302 I.P.C. and sentenced him to death. Cr. Ref. No. 3/95 is reference under Section 366 of the Code of Criminal Procedure made by him for confirmation of the aforesaid sentence of death. Cr. A. No. 431/95 is the appeal preferred by the condemned man.3. The prosecution case is that Kunkuram first, married Heerabai, She gave birth to a daughter Urmila and a son Budhram (the appellant). When Budhram was 3 years' old and his sister Urmila 5 years old, Kankuram deserted his wife and children and left towards Allahabad with another woman Ravibai. During the absence of Kankuram his wife Heerabai reared the children and married them. She wa...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Amanna and ors.
Court: Madhya Pradesh
Decided on: May-09-1995
Reported in: 1995ACJ1186
N.P. Singh, J.1. This revision application is directed against the order dated 12.8.1994 passed by the VIth Addl. Motor Accidents Claims Tribunal, Durg, in Claim Case No. 14 of 1993 whereby he allowed the application under Section 5 of the Limitation Act and condoned the delay of two years and one month in preferring the claim case for awarding compensation to the non-applicants on account of death of Surya Karayan who died in motor accident on 30.6.1991.2. It may be relevant here to mention the provisions of Sub-section (3) of Section 166 of the Motor Vehicles Act, 1988, which read as follows:No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident:Provided that the Claims Tribunal may entertain the application after the expiry of the said period of six months but not later than 12 months, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.3. It is obvious th...
Tag this Judgment!Gyarsa Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-09-1995
Reported in: 1995(0)MPLJ1041
Fakhruddin, J.1. This is an appeal against the order of conviction recorded by Shri B. M. Kulmi, Additional Sessions Judge, Ashoknagar in Sessions Trial No. 74/85 convicting the appellant under Section 376 of Indian Penal Code and sentencing him to rigorous imprisonment for 3 years.2. The prosecution story is that on 5-3-1985 in the evening Kasturibai (P.W.1), who is the complainant, was white-washing her house. At that time, her husband had gone to another village and nobody was with her. It is alleged that accused suddenly entered into her house, he caught hold of her, threw her on the ground and committed rape. On hearing cry, P.W. 2 Premshah, P.W. 3 Vishnu and P.W. 4 Nannu came there but the accused ran away and he was seen by these persons, i.e. Premshah (P.W.2), Vishnu (P.W.3) and Nannu (P.W.4). The prosecutrix narrated the incident to these persons.3. An F.I.R. was lodged by the prosecutrix on the next day, i.e. 5-3-1985. The offence under Section 376, Indian Penal Code was regi...
Tag this Judgment!Nahar Singh and ors. Vs. Chairman, M.P. State Road Trans. Corpn. and o ...
Court: Madhya Pradesh
Decided on: May-09-1995
Reported in: 1996ACJ160
R.D. Shukla and Deepak Verma, JJ.1. Counsel heard on LA. No. 79 of 1995 for condonation of delay. The appeal is delayed by 48 days. The reason given by the appellant is that earlier this appeal was to be filed by Mr. S.K. Jain, Advocate, who expired in between and after the appellants came to know of his death, they got it filed by another lawyer. In view of the facts stated above there appears to be sufficient cause for condonation of delay. Even otherwise appellant Nos. 4, 5 and 6 are minors. For this reason also the delay deserves to be condoned. As such the application for condonation of delay is accepted. The appeal is condoned.2. With the consent of the parties the appeal is heard finally.3. The appeal is directed against the judgment and award dated 12.8.1994 of the Motor Accidents Claims Tribunal, Alirajpur, passed in Claim Case No. 1 of 1990 (new No. 51 of 1994) whereby the claimants-appellants have been awarded a compensation of Rs. 59,000/- in all.4. The brief history of the...
Tag this Judgment!Jagmohan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-09-1995
Reported in: 1996CriLJ2230
Fakhruddin, J.1. This appeal has been directed against the judgment and order passed by the Special Judge, Guna on 22-4-1987 in Special Cr. Case No. 3/86 convicting the appellant under Section 3/7 of the Essential Commodities Act, 1955 and sentencing him to six month's R.1. with a fine of Rs. 1,000/ - and in default of payment of fine further rigorous imprisonment for one month.2. The prosecution alleges that on 3-9-1985, Mahendra Raghuwanshi, Asstt. Food Inspector along with Laxmi Narain, Food Inspector inspected the appellant's Tea-Stall, known as 'Babli-Tea Stall, where the appellant was present and selling sweetmeats. These officials found infringment of exihibition of price-list, which is supposed to be exhibited by the vendor or seller of the article of food. It is further alleged that the Gulab-Jamuns were prepared and kept at the shop of the accused-appellant and were being sold at that time, but their prices were not included in the daily price-list. There was no date on the s...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Bafatbai and ors.
Court: Madhya Pradesh
Decided on: May-09-1995
Reported in: 1996ACJ336
D.M. Dharmadhikari, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') and the connected appeals, namely, M.A. No. 37 of 1993 (New India Assurance Co. Ltd. v. Chitrakala Agrawal); M.A. No. 38 of 1993 (New India Assurance Co. Ltd. v. Gyanichand) arise out of the same award dated 28.9.1992 of the Second Additional Motor Accidents Claims Tribunal, Guna (for short, 'the Tribunal'), in connection with the same accident in which three persons lost their lives and their legal representatives filed three separate claim petitions for compensation. The connected appeal, namely, Misc. Appeal No. 51 of 1993 (Gyanichand v. Surendra Singh) is by dependants of deceased Raj Kumar, who died in the same accident, for enhancement of the amount of compensation awarded by the Tribunal.2. The bare necessary facts for decision of the four appeals are that on 25.1.1987, jeep No. MBN 9531 of which the three deceased were occupants with others met with an accident due to c...
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