Madhya Pradesh Court January 1998 Judgments
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New India Assurance Co. Ltd. Vs. Smt. Jassibai Wd/O Dashrath and ors.
Court: Madhya Pradesh
Decided on: Jan-20-1998
Reported in: 2001ACJ699; 1999(1)MPLJ192
ORDERJ.G. Chitre, J.1. The only point which is involved in this appeal is in respect of liability of Insurance Company, the appellant for making good the loss caused to the respondents who are the legal representatives of deceased Dashrath Anjana, who died due to the injuries sustained by him in motor accident which took place on 20-4-1988. The tribunal held that the liability of Insurance Company the appellant was unlimited and was not restricted to a sum of Rs. 15,000/- per passenger upto the last limit of Rs. One Lakh. The tribunal granted compensation to the L.Rs. of deceased Dashrath Anjana to the tune of Rs. 82,800/- along with interest at the rate of 12% per annum, from the date of the claim petition to the date when the award amount would be realised. Shri Dandwate, counsel appearing for the appellant, the insurance company submitted that keeping in view the annexure to the policy, which is in the nature of addenda the liability of appellant was restricted to Rs. 15,000/- per p...
Kartik Gangaram Choudhary Vs. Jagtu and ors.
Court: Madhya Pradesh
Decided on: Jan-20-1998
Reported in: 1998(1)MPLJ386
ORDERDipak Misra, J.1. In this revision preferred under section 401 of the Criminal Procedure Code (in short 'the Code') the Second Party member in a proceeding under section 145 of the Code calls in question the pregnability of the order passed by the learned Sub-Divisional Magistrate, Kawardha in Criminal Case No. 201/97 whereby invoking the jurisdiction under section 146(1) of the Code he has directed for attachment of the property and appointment of a Third Party receiver.2. The facts as have been unfolded are that on the basis of a police report a proceeding under section 145 of the Code forming the subject-matter of Criminal Case No. 201/97 was initiated. On 22-5-1997 preliminary order was passed by the learned SDM and notices were issued and parties were asked to file their show cause/written statement. According to the police report there was dispute between the present petitioner and the non-applicants in respect of huller mill situate on Khasra No. 65/5 in Village Bedarchi. I...
New India Assurance Co. Ltd Vs. Bablu and ors.
Court: Madhya Pradesh
Decided on: Jan-20-1998
Reported in: 1999ACJ887
R.S. Garg, J.1. In a case of accident, the respondent No. 1, a young boy of about 14 years, after suffering fractures in both the legs, filed a claim petition. According to the claimant, the driver of the vehicle was rash and negligent and by such act met with an accident leading to injuries to the claimant. The driver of the vehicle in his pleadings submitted that he was carrying a heart patient, therefore, he was driving at a moderate speed; neither he was rash nor he was negligent. He also submitted that three boys were going on two different cycles and by their own negligence, they met with an accident. The insurance company also denied its liability. After recording evidence and healing the parties, the trial court made the award in favour of respondent No. 1. Being dissatisfied by the said award, the insurance company has filed this appeal.2. In the appeal, it is contended by the learned Counsel for the appellant that there was no cogent evidence available on the record to record...
Munnalal Tiwari and Etc. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-16-1998
Reported in: 1998CriLJ3915
S.K. Dubey, J.1. The aforesaid applications under Section 439, Code of Criminal Procedure, 1973 for grant of bail to the accused persons who have been arraigned as aceused Under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') came up for hearing before Dipak Misra, J. wherein learned Counsel for the applicants, relying on a single Bench decision of the Karnataka High Court in A. V. Dharmasingh v. The State of Karnataka by the State Public Prosecutor, Bangalore 1993 Cri LJ 94 and a Division Bench decision of Patna High Court, Kamlesh Kumar v. State of Bihar (1994) 2 Pat PLJR 600 : (1995) 1 EFR 74, contended that in view of quantum of punishment provided Under Section 20(b)(i) of the NDPS Act in respect of the offence relating to 'GANJA' the rigours contained in Section 37 would not apply, and, therefore, the bail application can be considered independent of the provision contained in Section 37 of the NDPS Act. The State counsel relyin...
Mohar Singh Vs. Hari Ram and ors.
Court: Madhya Pradesh
Decided on: Jan-16-1998
Reported in: 1999ACJ622
Fakhruddin, J.1. The appeal is against order dated 21.7.1997 passed by Second Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 27 of 1995 whereby it rejected the application under Section 140 of the Motor Vehicles Act, 1988 filed for interim compensation.2. An incident is said to have occurred on 17.3.1995 in which claimant Mohar Singh sustained fracture of tibia and fibula bones of his right leg. In para 10, the Tribunal has found that the accident occurred due to rash and negligent driving of the offending vehicle. It has also found that the claimant was got medically examined in J.A. Group of Hospitals, X-ray report shows that the claimant sustained fracture of tibia bone of his right leg. It has further found that the discharge certificate shows that the appellant-claimant had sustained fracture of tibia and fibula bones of his right leg. Having found so, the Tribunal rejected the application of the appellant.3. Having considered the facts and circumstances of ...
Rajani Extractions Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-15-1998
Reported in: [1998]111STC794(MP)
ORDERDeepak Verma, J. 1. By filing this petition, under Article 226 of the Constitution, petitioner is praying for quashment of annexure P13, eligibility certificate dated November 20, 1987, whereby certain modification has been effected in petitioner's earlier eligibility certificate, without giving any opportunity of hearing to it and with retrospective effect.2. At the outset, learned counsel for the petitioner submitted, that no amendment in the eligibility certificate with retrospective effect could be made in view of the judgment of this Court, passed in W.P. No. 990 of 1996, decided on December 15, 1997 (Kitchen Aid, Indore v. State of M.P. reported in [1998] 110 STC 109). The said judgment is based on a ratio of the judgment reported in [1996] 102 STC 483 (MP) (K.P. Enterprises v. Divisional Deputy Commissioner of Sales Tax, Raipur).3. Brief facts are mentioned hereinbelow :Petitioner is duly registered under the Madhya Pradesh General Sales Tax Act, 1958 and the Central Sales ...
Vinod Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-14-1998
Reported in: 1998(2)MPLJ689
ORDERDipak Misra, J.1. As common questions of law are involved in the present bunch of applications they were heard analogously and are disposed of by this common order.2. For better appreciation of the issue of law emerging out of obtaining factual matrix it is essential to state the facts of the cases. The petitioners in M.Cr.C. Nos. 6431/97, 6443/97, 6444/97 and 6445/97 are the same, and because of institution of various crime numbers they have preferred four applications. M.Cr.C. No. 7067/97 relates to a different petitioner and the factual scenario is also different.3. The facts as unfurled in M.Cr.C. No. 7067/97 are that the petitioner apprehending arrest in Crime No. 584/93 registered for offences punishable Under Sections 467, 468 of the Indian Penal Code had approached this Court Under Section 438 of the Criminal Procedure Code (in short 'the Code') for grant of anticipatory bail. The allegations relate to the incident which had taken place sometime in August, 1987. Taking int...
Varanasi Fan Industries Pvt. Ltd. Vs. Regional Provident Fund Commissi ...
Court: Madhya Pradesh
Decided on: Jan-12-1998
Reported in: (1998)IILLJ1244MP; 1998(2)MPLJ67
ORDERR.S. Garg, J.1. The petitioner being dissatisfied by the order dated March 19, 1996, Annexure P/13 has filed the petition challenging the correctness, validity and propriety of the said order.2. Brief facts leading to the petition are that the petitioner M/s Varanasi Fan Industry Pvt. Ltd. after entering into an agreement with Messers Ravi Aircools Ltd. on April 2, 1993, entered into production and started producing fans under the brand name 'Ravi' registered forand owned by the said M/s Ravi Aircools Ltd. Under the terms of the said agreement, M/s Ravi Aircools was to premit the petitioner to use their brand name on payment of royalty of Rs. 3/- per fan prodcued by the petitioner, the said amount of the royalty could be increased or decreased. The petitioner was to maintain the quality of the product; M/s Ravi Aircools was to have a control over the quality checking and was also entitled to examine the accounts in relation to production, etc. The respondent No. 1, Regional Provid...
Mardia Steel Ltd. Vs. Commissioner of Cus. and C. Ex.
Court: Madhya Pradesh
Decided on: Jan-12-1998
Reported in: 1998(60)ECC31; 1998(100)ELT23(MP)
ORDERDeepak Verma, J.1. This order shall also govern disposal of W.P. No. 20 of 1998 [ Mardia Steel Ltd., Ratlam v. The Commissioner (Appeals) Central Excise Bhopal] and W.P. No. 21 of 1998 [Mardia Steel Ltd., Ratlam v. The Commissioner (Appeals) Central Excise, Bhopal] as they involve identical facts and law.2. It is not in dispute that petitioner's appeal filed under Section 35 of the Central Excise Act is pending disposal on merits before respondent No. 1. It is further not in dispute that petitioner has also filed an application under Section 35F of the said Act for grant of interim stay. Petitioner's grievance is that even though it made hectic efforts to get the said appeal and the stay application listed for hearing, but the same have not been taken up for consideration; instead petitioner's goods have been detained and the same are likely to be put to auction sale.3. In this view of the matter petitioner has been constrained to approach this Court for a direction to be given to...
Sarojbai and ors. Vs. Subhash Chander and ors.
Court: Madhya Pradesh
Decided on: Jan-12-1998
Reported in: II(1999)ACC267; 1999ACJ398
Shacheendra Dwivedi and S.P. Srivastava, JJ.1. This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988, challenging the award to the extent of quantum of the amount of compensation, submitting that the learned Tribunal has not allowed the proper compensation and has also wrongly directed the payment of the interest on the amount of compensation only at the rate of 6 per cent per annum.2. We have considered the forceful contentions advanced by learned Counsel Mr. N.D. Singhal. The deceased, from the pay certificate, Exh. P/2, was found to be receiving an amount of Rs. 3,051 per month. The date of birth of the deceased was 3.7.1943, he had completed 44 years. Learned Tribunal, therefore, applied the multiplier of 13. The Tribunal assessed the dependency of the claimants at Rs. 26,889.60 per year. It was found that the claimants were entitled to Rs. 3,49,564.80. Learned Tribunal further allowed Rs. 10,000 and directed the payment of the total sum of Rs. 3,59,564.8...
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