Madhya Pradesh Court July 1995 Judgments
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National Insurance Co. Ltd. Vs. Mahila Bhoga and ors.
Court: Madhya Pradesh
Decided on: Jul-24-1995
Reported in: 2(1996)ACC493
Fakhruddin, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, against the order dated 30.7.93 passed by Motor Accident Claims Tribunal, Morena in Claim Case No. 34/91, whereby Rs. 68,000/- has been awarded in favour of respondent No. 1, Mahila Bhoga, mother of deceased Ranjeet who met with an accidental death on 23rd May, 1991.2. The deceased Ranjeet was engaged as a Palledar (labour) doing the job of loading and un-loading with respondent No. 12, owner of the offending vehicle i.e., Tractor No. MP-06/6083. On the fateful day the tractor was being driven by respondent No. 13. The tractor was utilised for taking mustard crop from the field to warehouse. The trolley was attached with the tractor. The deceased was sitting on a mud-guard, when the accident occurred and he died.3. Claimants-respondents 1 to 11 have filed the claim. Claims Tribunal found respondent No. 1, Mahila Bhoga, mother of the deceased alone entitled to get compensation of Rs. 68,000/-.4. Learned Coun...
A.B. Singh Vs. the Chairman, Dena Bank and ors.
Court: Madhya Pradesh
Decided on: Jul-21-1995
Reported in: (1996)IIILLJ117MP
ORDERS.K. Dubey, J.1. By this petition under Article 226/227 of the Constitution of India the petitioner has challenged the order of dismissal (Annexure - 31) dated May 30, 1990, against which his appeal dated June 30, 1990 (Annexure-32) was dismissed by the Appellate Authority, the decision of which was communicated, vide (Annexure P- 33) by a covering letter dated January 22, 1991, wherein, it is stated that the Deputy General Manager (Inspection), the Appellate Authority, after going through the appeal together with relevant records of the case did not find any reason to interfere with the penalty order of 'Dismissal' passed by the Zonal Manager, M.P. Zone, Bhopal, the Disciplinary Authority.2. Shri K.P. Verma, learned counsel for the petitioner submitted that the departmental enquiry on the charges levelled in the charge- sheet dated January 7, 1989 is against the principles of natural justice as the documents which form the basis of the charge-sheet; including the report of the vi...
Muniya (Smt.) Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-21-1995
Reported in: (1997)IIILLJ548MP
S.C. Dwivedi, J.1. The petitioner is a widow of the deceased employee of Municipal Council, Datia, who died in 1976, while he was still in service, and her claim for the grant of family pension has been refused by the respondents.2. The deceased had entered the municipal service before 1970 and had died on April 21, 1976. The reason assigned by respondents for refusing the claim of the petitioner is that since her deceased husband Bhaiyalal had opted not to take the benefit of pension, the petitioner was not entitled to any pensionary benefits.3. The provision of pension for the municipal employees was introduced under Madhya Pradesh Municipal Employees (Recruitment and Conditions of Service) Rules, 1968 (for short the 'Rules 1968'). The Rules were brought into operation in the State from April 1, 1970. The relevant provision in Clause (c) of Sub-rule (2) of Rule 23 may be reproduced with profit:--23.(1)Age of Superannuation--(2) ** ** **(a) ** ** **(b) ** ** **(c) the municipal employ...
Hajrat Singh Bhaiyalal Vs. Bahadur Singh Jujhar Singh and anr.
Court: Madhya Pradesh
Decided on: Jul-21-1995
Reported in: 1995(0)MPLJ892
ORDERA.S. Tripathi, J.1. This petition has been presented under Section 482, Criminal Procedure Code against the order dated 9th of April, 1991, passed by IIIrd Additional Sessions Judge of Vidisha in Criminal Revision No. 109/90, confirming the order of the Sub-Divisional Magistrate, Kurwai dated 16th of Nov. 1990 dropping the proceedings under Section 145, Criminal Procedure Code.2. Facts as admitted on record are that petitioner is a mortgagee in respect of certain land from respondent No. 1 Bahadur Singh. Bahadur Singh had executed a simple mortgage-deed in favour of the petitioner on 22-1-1986 against certain money borrowed by respondent No. 1. Petitioner was said to have been put in possession over the disputed land. An application was moved under Section 145, Criminal Procedure Code and the Sub-Divisional Magistrate recording a preliminary finding that there was a likelihood of breach of peace attached the said property. Further inquiry was held and it was found by the learned M...
Hairat Singh Vs. Bahadur Singh and anr.
Court: Madhya Pradesh
Decided on: Jul-21-1995
Reported in: 1996CriLJ2266
ORDERA.S. Tripathi, J.1. This petition has been presented under Section 482 Cr.P.C. against the order dated 9th of April, 1991, passed by IIIrd Additional Sessions Judge of Vidisha in Criminal Revision No. 109/90, confirming the order of the Sub-Divisional Magistrate Kurwai dated 16th of Nov. 1990 dropping the proceedings Under Section 145 Cr.P.C.2. Facts as admitted on record are that petitioner is a mortgagee in respect of certain land from respondent No. 1 Bahadur Singh, Bahadur Singh had executed a simple mortgage deed in favour of the petitioner on 22-1-1986 against certain money borrowed by respondent No. 1. Petitioner was said to have been put in possession over the disputed land. An application was moved Under Section 145 Cr.P.C. and the Sub-Divisional Magistrate recording a preliminary finding that there was a likelihood of breach of peace attached the said property. Further inquiry was held and it was found by the learned Magistrate that the original mortgagor Bahadur Singh w...
Lokendrasingh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-20-1995
Reported in: II(1995)DMC524
R.D. Shukla, J.1. The appeal is directed against the judgment and order dated 18.8.1986 passed in S.T. No. 58/86 whereby accused appellant have been convicted Under Section 302 I.P.C. for having committed murder of Lalita (wife of appellant No. 1 Lokendrasingh) on 13.12.1985 at about 1.30 p.m. at Indore and sentenced to imprisonment for life each.2. The undisputed facts of the case are that the accused appellant No. 1 Lokendrasingh was married to Lalita (deceased) on 4..6.1985. Accused appellant No. 2 Bharatsingh is the younger brother of Lokendrasingh; accused appellant No. 3 Rajkumaribai is mother of accused appellant Lokendrasingh and accused appellant No. 4 Kamlabai is sister of accused appellant Lokendrasingh, who was married prior to the marriage of Lokendrasingh and Lalita. Prosecution witnesses Laxmansingh and Shantabai are father and mother of deceased Lalita; Bhavanisingh and Bahadursingh are brothers of Lalita.3. The prosecution case in brief is that before marriage of Lalit...
Shipra Bhowmick Vs. Presiding Officer and ors.
Court: Madhya Pradesh
Decided on: Jul-20-1995
Reported in: I(1996)ACC458
N.P. Singh, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act.2. It is directed against the award dated 17.11.1987 given by the Commissioner for Workmen's Compensation, Durg, in Case No. 2 W.C. Act/86 (Fatal), dismissing the claim of the appellant.3. Facts giving rise to this appeal are that:(1) One S.P. Bhowmick was employed in Mahamaya Mines of Bhilai Steel Plant who died in harness on 27.12.1985 while he was on duty.(2) Respondent No. 4 had deposited Rs. 69,080/- in the Court of Commissioner for Workmen's Compensation, Durg for disbursement of the amount to the claimants of the deceased.(3) The respondent No. 2 wife and respondent No. 3 minor son of the deceased preferred claim for compensation before the Commissioner for Workmen's Compensation, Durg.(4) The appellant, claiming herself to be an unmarried sister and dependant of the deceased also preferred a separate claim application before the Commissioner for Workmen's Compensation for V3rd share in the com...
Daryaobai and ors. Vs. Madhya Pradesh State Road Transport Corporation ...
Court: Madhya Pradesh
Decided on: Jul-20-1995
Reported in: 1996ACJ1233
R.D. Shukla, J.1. This judgment shall dispose of aforesaid Misc. Appeal Nos. 179, 181, 185, 194 and 199 of 1988. All these appeals are directed against the judgment and award dated 14.7.1988 of M.A.C.T., Mandsaur, passed in Claim Case Nos. 63, 64, 65 and 66 of 1987, whereby while awarding compensation of Rs. 15,000/- for the death of Sapna, aged 5 years; Rs. 25,000/- for the death of Reshambai w/o Kanhaiya Lal and Rs. 50,000/- for the death of Kanhaiya Lal, with interest at the rate of 12 per cent per annum from the date of application till realisation with a direction that the same shall be paid by respondent Nos. 1 and 2, i.e., M.P.S.R.T.C. and its driver Amol Das. The claim of M.P.S.R.T.C. vide Claim No. 66 of 1987 has been dismissed.2. The brief history of the case is that on 20.10.1983, Kanhaiya Lal (deceased) who was an employee of the Narcotics Department was going in jeep No. MPU 1338 along with his wife and three minor daughters and one minor son and other persons, he was carr...
R.C. Sachan S/O Shankar Lal Vs. Managing Director, Central Ware Housin ...
Court: Madhya Pradesh
Decided on: Jul-18-1995
Reported in: 1995(0)MPLJ936
ORDERT.S. Doabia, J.1. This petition arises out of following facts :-The petitioner was working as sectional officer. He sought promotion to the post of Assistant Engineer. The Departmental Promotion Committee held its proceeding on 29th of May 1994. This committee found the petitioner not fit for promotion. His juniors were promoted. The petitioner preferred a representation. This was rejected by an order Annexure P-9. A further representation was filed. This was rejected vide order Annexure P-11.2. In the representation annexure P-10 the petitioner had submitted that adverse reports were not communicated to him. With a view to meet this reasoning the authority deciding the representation observed that even if one adverse entry for the year 1982, is ignored even then, the petitioner would not be eligible for the promotion. By making above observation, the representation was rejected. It is against the rejection of the representation and earlier non promotion, the present petition has ...
Jagdish Prasad Vs. Rambabu Jaishwal and ors.
Court: Madhya Pradesh
Decided on: Jul-18-1995
Reported in: 1(1996)ACC348
S.K. Dubey, J.1. This appeal is by the owner of the Truck under Section 110-D of the Motor Vehicles Act, 1939 (for short the 'Act') against the award dated 27.2.1985 passed in Claim Case No. 27 of 1981 by Additional Motor Claims Tribunal, Satna.2. Facts: The claimant/respondent Nos. 1 to 9 filed under Section 110-A of the Act claiming compensation for the death of the deceased Hiralal, the husband of respondent No. 9 and father of respondent Nos. 1 to 8 for the death caused in motor accident on 1.5.1980 by the Truck in which the deceased was traveling as a passenger as the owner of the truck carrying goods. The driver/owner of the truck and Insurance Company respondent No. 10 contested the claim. The defence of the Insurance Company was that the deceased was a passenger for hire or reward in the goods carrier, therefore the Insurance Company in not liable to pay any compensation or to indemnify the owner of truck.3. The Tribunal after recording of evidence recorded a finding that the d...
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