Madhya Pradesh Court March 1998 Judgments
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indra Pal Pandey Vs. Harbansh Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1998
Reported in: 1999ACJ984
S.K. Dubey, J.1. The two appeals arise out of the award dated 11.9.1995 passed in Claim Case No. 73 of 1990 by Additional Motor Accidents Claims Tribunal, Maihar, District Satna. In M.A. No. 971 of 1995, the claimant is the appellant who seeks enhancement of the compensation awarded by the Tribunal, while M.A. No. 258 of 1996 has been filed by the insurance company for setting aside the award against it.2. Facts which are not in dispute: that on 13.11.1982 deceased Butni Bai, wife of claimant Indra Pal Pandey, with her minor children, one of them was deceased Rajjan alias Soordas, a blind child, and her goods, was travelling in truck No. MPA 7941 which was owned by Harbansh Singh, driven by Ramashrya Kol and insured with New India Assurance Co. Ltd., respondent Nos. 1, 2 and 3 respectively in M.A. No. 971 of 1995. When the truck was going on the downhill road, the driver lost its control on the turn, as a result it toppled down. Butni Bai and Soordas died. The appellant filed an applic...
Ugam Bai and anr. Vs. Ravi Shanker Yadav and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1998
Reported in: 1999ACJ991; 1998(2)MPLJ18
S.K. Dubey, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') for enhancement of the compensation awarded vide award dated 25.7.1991, passed in Claim Case No. 116 of 1990 by the Motor Accidents Claims Tribunal, Seoni.2. Appellant Nos. 1 and 2 are parents and appellant No. 3 is the brother of the deceased Dilip Kumar, aged 2.2 years, who died in motor accident on 23.7.1988, when he was driving his taxi Maruti Deluxe car on the National Highway, which was dashed by truck No. CIK 8555, driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. Tribunal held that the accident was caused due to negligence of the truck driver and awarded compensation of Rs. 1,00,800 after applying the multiplier of 12 into the multiplicand of Rs. 700 per month, yearly Rs. 8,400. Interest at the rate of 12 per cent per annum from the date of application, that is, 20.1.1989 was awarded till realisation.3. The respondent No. 3, the ins...
Mahesh Agarwal Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1998
Reported in: AIR1998MP197; 1998(1)MPLJ643
ORDERTej Shankar, J. 1. The petitioner Mahesh Agarwal prayed for a direction to the respondents to connect the telephone connection and grant the facilities immediately. It has been alleged that he holds a telephone connection No. 365862 for the last 8-9 years and has been paying the hills regularly. The last bill issued to him on 1-1-98 for Rs. 600/- has been paid on 14-1-98 i.e. within the time allowed. The earlier bill was dated 3-11-97 which too was paid on 21 -11 -97 vide Annexures P/1 to P/4. On 14-1-98 telephone connection of the petitioner was partially disconnected and only incoming calls were coming. On 21-1-98 it was completely disconnected. A legal notice was served on 16-1-98 on the respondents, but to no effect. Return has been filed by the respondents in which the facts alleged by the petitioner have not been denied. The allegation are that another telephone No. 20663 was installed in 32 New Colony No. 2 Birla Nagar, Gwalior, in the house of Shri Om Prakash Agarwal, Advo...
Raymond Ltd. and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1998
Reported in: AIR1999MP143
A.K. Mathur, C.J.1. This is a reference made by the Division Bench of this Court vide order dated 11th September 1997 in writ petition Nos. 3616/95, 3981/95, 4099/95, 169/96, 430/ 96, 4104/95, 431/96, 507/96 and 4711/96 to reconsider the decision given by the Division Bench of this Court in the case of Gwalior Steels Private Limited v. M.P. Electricity Board, AIR 1993 Madh Pra 118 that an obligation is on the consumer to pay 40% load factor of the contract demand every month as the minimum charge irrespective of the fact whether the M.P. Electricity Board (for short the Board) supplies 40% of the load factor every month or not.2. In order to dispose of this reference, facts of W.P. No. 3616 of 1995 (M/s. Raymond Limited v. State of M.P.) are taken into consideration.The petitioner is a company registered under the Companies Act, 1956, having its registered office at Ratnagiri in the State of Maharashtra. Its cement manufacturing division is situated at Gopalnagar, Tahsil Janjgir, Distr...
Ashok Kumar Vs. Baboolal and anr.
Court: Madhya Pradesh
Decided on: Mar-05-1998
Reported in: AIR1998MP267; 1998(1)MPLJ461
A.K. MATHUR, C.J.1. This is a reference made by the learned single Judge on the ground that there is a conflict between the two Full Benches judgments; therefore, the matter should be referred to Larger Bench.2. At the very outset, we may mention that it is not correct to say that there is a conflict between the two Full (Sic) Benches judgments of this Court, i.e. in 1985 MPLJ 675 : (AIR 1986 Madh Pra 72), B. Johnson Bernard v. C.S. Naidu) and 1987 MPLJ 137 : (AIR 1987 Madh Pra 50), Praschand v. Hemant Kumar). B. Johnson Bernard (supra) is a judgment by the Division Bench and Paraschand (supra) is a judgment given by the Full Bench. Therefore, it is wrong to say that there was a conflict between two Full (Sic) Benches decisions. In B. Johnson Beranard's case (supra), the Amending Act No. 27/83 and Act No. 7/85 were challenged being ultra vires of Articles 14 and 50 of the Constitution of India and their Lordships in, B Johnson Bernard's case (supra), held that both the provisions are i...
Himmatlal Vadalia and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1998
Reported in: AIR1998MP330; (1999)152CTR(MP)361; [1998]232ITR854(MP)
B.A. Khan, J. 1. Land admeasuring 33,333 sq. ft situate at Yeshwant Nivwas Road, Indore, is the bone of contention. It was purchased by the appellant for consideration amount of Rs. 90 lakhs, but was compulsorily purchased by the appropriate authority in exercise of power under Section 269UD of the Income-tax Act,2. The appellants were first put on notice and informed that the apparent sale rate shown by them worked out at Rs. 270 per sq. ft. as against Rs. 375 in an allied sale transaction by the National Textile Corporation concluded way back in October, 1991. They were also told that their salerate was far less than the minimum rate of Rs. 350 per sq. ft. prescribed under the Collector's guidelines for 1994-95.3. The appellants replied to the notice explaining that the disputed land was under encroachment and the land sold by the National Textile Corporation was superior and that the Collector's guidelines indicated the average sale rate and not the minimum rate. Their plea, however...
Smt. Kanta Sachdev Vs. Devidas
Court: Madhya Pradesh
Decided on: Mar-05-1998
Reported in: II(1998)DMC368
D.M. Dharmadhikari, J.1. This appeal preferred by the wife under Section 28 of the Hindu Marriage Act, 1955 (for short 'the Act') against grant of decree of divorce shall also decide the connected Appeal No. F.A. 45/94 Devidas v. Smt. Kanta Sachdev, filed by the husband against grant of permanent alimony to the wife.2. The parties are members of Sindhi Community. They were married on 28.4.1982 and both are residents of Bhopal. There is no issue from the wedlock. The husband is engaged in the business of supply of Milk to Dairies and also helps his father in their joint business. Since the differences arose between the parties the spouses are separated. The wife is living with her brothers. The wife remained present in the Court with her Counsel. It is expressed by the Counsel and the wife present in the Court that there is no possibility of reconciliation between the parties as according to the wife the husband has contracted a second marriage with a girl by name Vandana. The husband h...
Bhagwandas Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-05-1998
Reported in: 1999(1)MPLJ373
Rajeev Gupta, J.1. This appeal, at the behest of appellant Bhagwandas, is directed against the judgment dated 15-3-1989, passed by VIth Additional Sessions Judge, Jabalpur in Sessions Trial No. 365/87, whereby the appellant was convicted under Section 302 of the Indian Penal Code - (for short the IPC), and was sentenced to imprisonment for life.2. The factual matrix of the case, in a narrow compass, is that one daughter Saroj was born out of the wedlock of accused Bhagwandas and his first wife, Vidya Bai. Thereafter, as Vidya Bai started living with one Ratan Singh, accused Bhagwandas brought Kusum Bai (since deceased) as his second wife. In the fateful night of 19-7-1987, when accused Bhagwandas came back to his house at about 9.00 PM Kusum Bai at that time was busy in the kitchen, cooking meals, and Saroj was inside the room. Accused Bhagwandas, immediately on his arrival, inquired from Kusum Bai about her 'payal'. Kusum Bai, out of fun, told him that the 'payal' has been pledged by ...
Raymond Limited and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1998
Reported in: 1999(1)MPLJ648
A.K. Mathur, C.J.1. This is a reference made by the Division Bench of this Court vide order dated 11th September 1997 in Writ Petition Nos. 3616/95, 3981/95, 4099/95, 169/96, 430/96, 4104/95, 431/96, 507/96 and 4711/96 to reconsider the decision given by the Division Bench of this Court in the case of Gwalior Steels Private Limited v. M.P. Electricity Board, AIR 1993 MP 118, that an obligation is on the consumer to pay 40% load factor of the contract demand every month as the minimum charge irrespective of the fact whether the M.P. Electricity Board (for short the Board) supplies 40% of the load factor every month or not.2. In order to dispose of this reference, facts of Writ Petition No. 3616 of 1995 (Raymond Limited and Anr. v. State of M.P. and Ors.) are taken into consideration.The petitioner is a company registered under the Companies Act, 1956, having its registered office at Ratnagiri in the State of Maharashtra. Its cement manufacturing division is situated at Gopalnagar, Tahsi...
Mool Chand Vs. S.S. Parihar and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1998
Reported in: 1999ACJ820
S.K. Dubey and Agarwal, JJ.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation awarded in Claim Case No. 43 of 1990 vide award dated 7.9.1994 passed by the Motor Accidents Claims Tribunal, Raipur.2. On 5.8.1989 at about 11.30 p.m., when the appellant was coming from Mahasamund to Raipur in his Maruti car on Nawagaon-Lakholi road, the truck bearing No. MOT 9933 driven by respondent No. 2, owned by the respondent No. 1 and insured with respondent No. 3 dashed the Maruti car, as a result of which the appellant received severe multiple injuries. His right femur and shaft and right knee were fractured. He received bruises all over his body. He was taken to D.K. Hospital, Raipur, where he remained for two days and thereafter was shifted to Bombay, where he remained as an indoor patient from 8.8.89 to 27.8.1989. His right femur and shaft were operated upon and steel plates with Richard screws and 13 other screws were fixed for the reunion of...
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