Madhya Pradesh Court July 1998 Judgments
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Managing Director, M.P. State Road Transport Corporation Vs. Bhagwanti ...
Court: Madhya Pradesh
Decided on: Jul-15-1998
Reported in: 2000ACJ143
S.K. Dubey, J.1. The appellant Corporation has filed this appeal aggrieved of the award dated 17.4.1997 passed in M.C.C. No. 74 of 1994 by the Member, Motor Accidents Claims Tribunal, Sehore.2. It is not in dispute that on ill-fated day of 20.5.1994 deceased Vishwanath alias Shivnath aged 40 years, the husband of respondent No. 1 and father of respondent Nos. 2 to 7 died in motor accident when he was sleeping in front of the truck which was standing on the left side of the road. This truck was dashed by bus No. MP-09-D-4415, driven by respondent No. 8 during the course of employment of the appellant. As a result of this collision the truck was pushed forward crushing the deceased, resulting in his instantaneous death. The Tribunal held that the accident was caused due to sole negligence of the driver of the bus. The Tribunal assessed the monthly earning of the deceased at Rs. 2,000 from which '/3rd was deducted and the dependency was assessed at Rs. 1,333, yearly Rs. 15,996. In this mu...
Ram Khelawan Gupta Vs. Seeta Gupta
Court: Madhya Pradesh
Decided on: Jul-14-1998
Reported in: II(1999)DMC185
D.M. Dharmadhikari, J.1. The petition for divorce filed by the husband on the ground of cruelty and desertion by the wife having been dismissed by the Matrimonial Court below, the present appeal has been preferred under Section 28 of the Hindu Marriage Act.2. The parties were married on 20.2.1988. The wife delivered a male child on 24.2.1997 in Medical College Hospital, Rewa.3. In the petition for divorce, the husband alleged that on 7th August, 1993, the wife quarrelled with the husband and his family members and left the matrimonial home with her brother Sunil Gupta. On the date of petition she was living with her parents at Jaitwara. According to the husband, despite efforts, she refused to return to the husband's house which constitutes an act of desertion.4. The allegations of cruelty made against the wife are as follows: She always quarrelled with the husband and accused him of having developed illicit relations with several girls. She used to hurl filthy abuses towards him and h...
Gayatri Bai and anr. Vs. Ahmadji and ors.
Court: Madhya Pradesh
Decided on: Jul-14-1998
Reported in: 2000ACJ1323
A.K. Mathur, C.J. 1. This is an appeal directed against the award dated 25.8.1990 passed by Motor Accidents Claims Tribunal, Rajgarh in Case No. 21 of 1985.2. Brief facts giving rise to this appeal are that a claim petition was filed by Gayatri Bai (widow of deceased), minor daughter Lata Kumari and father Girdharilal of the deceased Pradeep Kumar who died on 9.5.1985 at Jirapur bus stand. Respondent Ahmadji was the owner of the bus No. MPU 5057 and respondent No. 2 Afjal and respondent No. 3 Govind were driver and cleaner respectively of the bus. The bus was being plied between Jirapur and Shujalpur. Deceased Pradeep Kumar was working as a conductor of the bus. On 9.5.85, the bus was standing at bus stand Jirapur and the driver and the cleaner had raised the chassis of the bus over a jack for the purpose of changing the spring. Deceased Pradeep Kumar was sitting by the side. On account of rash and negligent act of the driver and the cleaner, the jack slipped and consequently the decea...
Vivek Dwivedi and anr. Vs. Prem NaraIn and ors.
Court: Madhya Pradesh
Decided on: Jul-13-1998
Reported in: AIR1999MP1; 1998(2)MPLJ618
S.P. Srivastava, J.1. Feeling aggrieved by the judgment and order passed by the learned single Judge whereunder allowing the writ petition filed by the respondent No. 1, the order passed by the State Appellate Tribunal seeking setting aside the order of the Regional Transport Auihority granting the stage carriage permit to the said respondent has been quashed, the objec-tor/respondents in the writ petition have now come up in Letters Palent Appeal seeking redress praying for the selling aside of the impugned order passed by the learned single Judge. 2. We have heard the learned counsel for the appellants as well as the learned counsel representing the contesting respondent, and have carefully perused the record. 3. The facts in brief, shorn of details and necessary for the disposal of this appeal lie in a narrow compass. The respondent No. I had moved an application praying for the grant of a permit on 28-10-1996 for service of a stage carriage of two return trips daily on the route As...
Union of India (Uoi) Vs. Jt. Collector and Land Acquisition Officer an ...
Court: Madhya Pradesh
Decided on: Jul-12-1998
Reported in: 1999(2)MPLJ575
ORDERB.A. Khan, J.1. Respondent No. three's land measuring 1.574 hectares covered by survey No. 137/1 and situate at village Sukhniwas was acquired for Advanced Technology Centre. Land Acquisition Officer awarded compensation of Rs. 30,000/- per hectare to him and other land holders. Unlike others he failed to seek reference under Section 18 of L. A. Act. In one of such references (Ref. No. 149/90) Reference Court enhanced the compensation from Rs. 30,000/- per hectare to Rs. 50,000/- per acre. Prompted by this, respondent No. 3 made an application to the Collector under Section 28A for re-determination of compensation amount. Collector allowed his application and awarded Rs. 50,000/- per acre to him also.2. Appellant-Union filed W.P. No. 1244/97 to assail this which was dismissed by Writ Court vide order dated 16-2-1998 holding that he could have taken a reference to the District Court under Section 18 even though award was passed by Collector under Section 28A. The case of appellant ...
Mamta D/O Durgaprasad Mathur Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-11-1998
Reported in: 1999(1)MPLJ295
ORDERR.S. Garg, J.Shri A.K. Sethi learned counsel for the petitioner.Shri Shekhar Bhargav learned Additional Advocate General for respondent Nos. 1 and 2.None for the other respondents.1. No notice was issued to them in view of the facts available in the record.2. It appears that after the judgment of this Court, the petitioner filed an appeal before the competent authority, which was required to dispose of the appeal in accordance with law. Directions of this Court as contained in paragraph 12 are, 'the petitioner is granted liberty to question the validity of order/step/ action for removal of the petitioner from service and to claim consequential benefits via alternative efficacious remedy, as noted above, within a period of fifteen days from today.'3. In paragraph 9 of the judgment, the Court had observed that counsel for the petitioner sought liberty to resort to the remedy available under Section 6(III) of the Adhiniyam. Undisputedly, an appeal was filed within 15 days. The appeal...
Rajeev Jajodiya Vs. Jitendra Kumar Sharma and ors.
Court: Madhya Pradesh
Decided on: Jul-11-1998
Reported in: 2000ACJ1411
S.K. Dubey, J. 1. Appellant-claimant has filed this appeal for enhancement of the compensation awarded vide award dated 11.7.1995 passed in Claim Case No. 31 of 1991 by VIIth Motor Accidents Claims Tribunal, Bilaspur.2. The appellant aged 21 years, a student of Engineering College, was going on his Luna on 7.12.1989, which was dashed by bus No. MKL 6163, driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No. 3. The appellant fell down and received severe injuries while his Luna was dragged by the bus for a long distance. As a result of multiple severe injuries, the appellant suffered traumatic paraplegia, resulting in physical permanent disability of 100 per cent. The Tribunal after holding that the accident was caused due to sole negligence of the bus driver awarded compensation of Rs. 1.70,000 with interest thereon at the rate of 12 per cent per annum from the date of application, i.e., 4.5.90 till deposit.3. Learned counsel for the appellant placing re...
Western Coalfields Limited Vs. Narbada Constructions
Court: Madhya Pradesh
Decided on: Jul-10-1998
Reported in: 1999(1)MPLJ55
S.K. Dubey, J.1. The appellant has filed the aforesaid two appeals under Section 37(b) of the Arbitration and Conciliation Act, 1996 (No. 26 of 1996) (for short 'the Act of 1996') against common order dated 9-8-1997, passed in Civil Suit No. 23-A/96 and Civil Suit No. 25-A/96 by IIIrd Additional District Judge, Chhindwara.2. Facts giving rise to these appeals are thus :On 15-3-1990 the appellant invited tenders for construction of 198 miners quarters, 40 'B' type quarters and 2 'C type quarters for mine employees of WCL at Tandsi Project in Kanhan area District Chhindwara. The work cost was estimated at Rs. 2,35,26,072.30. The respondent submitted its offer at percentage rate for the said work which was accepted by the appellant vide letter dated 4-7-1991. An agreement No. 13 of 1991-1992 was entered into between the parties and work order was issued on 13-7-1991 which was to be completed within the stipulated period of 18 months from the date of work order, i.e., by 23-1-1993, in acco...
Rekha Bhatia Vs. Miss Hill Education Society and ors.
Court: Madhya Pradesh
Decided on: Jul-10-1998
Reported in: 1998(2)MPLJ598
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the order passed by the Secretary, Miss. Hill Education Society, Gwalior, dated 15-5-1994, terminating her services, indicating that they were no longer required after 15-5-1994; the W. P. No. 363 of 1995 decided on 10-7-1998. (Gwalior) petitioner has now approached this Court seeking redress praying for the quashing of the aforesaid order and a direction for her reinstatement with full backwages.2. I have heard the learned counsel for the petitioner as well as learned counsel for the respondents Nos. 1 and 3 and the learned counsel for the respondent No. 2.2A. The Society, respondent No. 1 and the State of Madhya Pradesh respondent No. 2 have filed separate counter-affidavits in opposition to the writ petition.3. The facts in brief shorn of details and necessary for the disposal of this case lie in a narrow compass. Miss. Hill Education Society (hereinafter referred as the Society) is a registered Society under the provisions of the Madh...
Bhagwandas and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-09-1998
Reported in: (2000)IIILLJ661MP
S.P. Srivastava, J. 1. Feeling aggrieved by the order passed by the Inspector, Child Labour (Prohibition and Regulation) Act, 1986, dated May 16, 1997 requiring the petitioner in Writ Petition No. 1014/1997 to deposit an amount of Rs. 20,000 for having employed a child labourer and the order dated May 12, 1997 passed by the same authority requiring the petitioner in Writ Petition No. 31 of 1998 to deposit an amount of Rs. 40,000 for having employed two child labourers in violation of the directions issued by the Hon'ble Apex Court vide its judgment and order in Writ Petition (C) No. 465 of 1986, decided December 10, 1996, M.C. Mehta v. State of Tamil Nadu and Ors., they have now approached this Court seeking redress praying for quashing of the aforesaid orders.2. The respondent authority has filed separate counter-affidavits in opposition to each of the aforesaid writ petitions.3. A large number of writ petitions have been filed challenging similar orders passed by the Inspector, appoi...
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