Madhya Pradesh Court January 1999 Judgments
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State of M.P. and anr. Vs. Ahad Brothers
Court: Madhya Pradesh
Decided on: Jan-22-1999
Reported in: 1999(2)MPLJ393
Dipak Misra, J.1. This is an appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') assailing the correctness of a decision of the Learned IVth Additional District Judge, Bhopal in a reference under Section 18 of the Act.2. Under a notification dated 23-12-1962 issued under Section 4(1) of the Act land comprising of Khasras Nos. 870, 871, 872, 873 and 1623/873 in possession of the respondent-claimant was acquired by the State Government for building of certain residential houses. The Land Acquisition Officer fixed the market value at the rate of Rs. 450/- per acre and awarded a sum of Rs. 15,000/- as compensation for the land and Rs. 6,600/- for trees standing thereon. Being dissatisfied with the determination made by the Land Acquisition Officer the claimant sought a reference under Section 18 of the Act which was duly made by the Land Acquisition Officer. Before the Civil Court the respondent filed a statement of claim alleging that the land in que...
Jagdish and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-22-1999
Reported in: 1999CriLJ2326
S.P. Khare, J.1. Appellants Jagdish, Khemchand and Munna have been convicted under Sections 148 and 307/149, I.P.C. and sentenced to rigorous imprisonment for two years and ten years respectively. Appellants Bandobai and Ramarani have been convicted under Sections 147 and 307/149, I.P.C. and sentenced to rigorous imprisonment for one year and ten years respectively.2. The prosecution case is that on 4-7-1985 at 4 p.m. Jaggu (P. W. 4) and his harvaha Damodar (P.W. 5) were going in their village Erora. Accused Bandobai and Ramrani caught hold of Jaggu (P.W. 4) and started beating him. Accused Khemchand came out from his house armed with a ballam and struck it on the head of Jaggu (P.W. 4). Accused Munna attacked him with Katarna and accused Jagdish dealt an axe blow on him. He sustained injuries on his head and became unconscious. The incident was witnessed by Damodar (P.W. 5), Nanhelal (P.W. 6), Pannalal (P.W. 8), Hakam (P.W. 9) and Shantilal (P.W. 13), Pannalal (P.W. 8) lodged the repo...
Pawan Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-22-1999
Reported in: 1999CriLJ2329
D.M. Dharmadhikari, J.1. The appellant-prisoner has appealed against his conviction and sentence under Section 302, I.P.C. for causing death of his two year old female child Yeshoda.2. The prosecution case mainly rests on the oral evidence of Rajbai (P.W. 10), wife of the accused, Gajraj (P.W. 8) and his wife Dhasnin (P.W. 9) - maternal uncle and aunt respectively of the accused. As per the version of P.W. 10 Rajbai, a day before the discovery of the dead body of the child the accused quarrelled with her on a minor irritation of she having administered medicine to the child with a tea spoon. The accused got angry, snatched the bottle of medicine and spoon and threw them away. He then started beating the wife. This quarrel was witnessed by Gajraj, maternal uncle and Dhasnin, maternal aunt and they intervened. Thereafter the members of the house went to bed.3. Thereafter, in the next morning when the child was with the mother the accused demanded custody of the child. The wife said that ...
United India Insurance Co. Ltd. Vs. Parekhia Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-22-1999
Reported in: 2001ACJ766
D.M. Dharmadhikari, J.1. This appeal has been placed before me for decision as conflicting opinions have been expressed by learned S.K. Dubey, J. and S.P. Khare, J. as members constituting the Division Bench.2. This appeal has been preferred by the insurance company under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988' for short). The Fifth Motor Accidents Claims Tribunal, Bilaspur, by award made on 13.12.1995 has granted compensation in the sum of Rs. 1,22,000 with 12 per cent interest from the date of claim to the claimants for the death of deceased Loharmal in motor accident on 6.4.1991.3. The facts not in dispute are that the vehicle involved in the accident with registration No. 23/B 4809 was mini truck of the make Swaraj Mazda. It was a transport vehicle adapted for use of carriage of goods and was registered as a 'light motor vehicle' and was a 'transport vehicle' as defined under Section 2(21) and 2(47) respectively under the Act of 198...
Oriental Insurance Co. Ltd. Vs. Santi Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-21-1999
Reported in: 2000ACJ1568
A.K. Mathur, C.J. 1. This is an appeal directed against the award dated 7.12.1993 by the Addl. Motor Accidents Claims Tribunal, Shahdol in Claim Case No. 32 of 1990 whereby the learned Claims Tribunal has allowed the claim petition and a compensation of Rs. 1,44,000 was awarded with interest at the rate of 12 per cent per annum from 22.9.1989. Aggrieved by this award, the appellant Oriental Insurance Co. Ltd. has filed the present appeal.2. Brief facts giving rise to this appeal are that on 6.5.1989, a truck bearing No. CPA 3759 was going from Shahdol to Bodari. Deceased Ramkhelawan had gone to Shahdol market where he made certain purchases and was coming back to Bodari, he boarded the truck aforesaid from Singh pur Road along with his goods and paid a sum of Rs. 50 to the driver.It is alleged that some more labourers met on the way and they also boarded the truck. It is alleged that on account of rash and negligent driving of the truck by the driver, it got overturned near village Fat...
Rati Ram Pandey and anr. Vs. Lalit Kumar and ors.
Court: Madhya Pradesh
Decided on: Jan-21-1999
Reported in: 2000ACJ910
A.K. Mathur, C.J.1. This is an appeal directed against the award dated 30.7.1993 passed by the learned Claims Tribunal in Claim Case No. 12 of 1992, whereby the learned Tribunal has dismissed the claim petition.2. The brief facts which are necessary for disposal of this appeal are that the appellant No. 1 was father of deceased Nandkishore, appellant No. 2 was mother of deceased and appellant Nos. 3 to 5 were brothers and sister of the deceased Nandkishore. The non-claimant No. 1 Lalit Kumar is owner of bus No. MHG 5653 and non-claimant No. 2 is driver of the said bus. The vehicle in question was insured with the non-claimant No. 3. It is alleged that on 10.3.1990 when the non-claimant No. 2 was driving the said bus from Lanjhi to Rajegaon, at that time Nandkishore was issuing tickets as conductor. On the alleged date of incident, driver Suresh s/o Mohan was on leave. At about 6 p.m. the bus was proceeding from Rajegaon to Lanjhi and at that time, there were about 90 passengers in the ...
Gattu Gulab Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-19-1999
Reported in: 1999(1)MPLJ542
ORDERD.P.S. Chauhan, J.1. It is the revision directed against order dated 11th March, 1993 passed in Criminal Appeal No. 35/90 arose out of Criminal Case No. 106/87 which was decided by the Judicial Magistrate, First Class, Gadarwara on 6-10-1990 holding the applicant guilty for the commission of the offence punishable under Section 16(i)(a)(i) of the Prevention of Food Adulteration Act, 1954 and was sentenced to six month's rigorous imprisonment together with fine Rs. 1000/-.2. Learned counsel for the applicant made the following submissions :(a) In this case there has been violation of provision of Section 13(2) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act);(b) that there were three witnesses relating to the eye account out of which the two witnesses did not support the prosecution case but only one witness K. N. Pandey, the Food Inspector, supported the case and according to him he was interested witness.(c) Learned counsel submitted that as r...
Gattu S/O Gulab Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-19-1999
Reported in: 1999CriLJ3105
ORDERD.P.S. Chauhan, J. 1. It is the revision directed against order dated 11th March, 1993 passed in Cr. A. No. 35/90 arose out of Cr. Case No. 106/87 which was decided by the Judicial Magistrate, First Class, Gadarwara on 6-10-90 holding the applicant guilty for the Commission of the offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and was sentenced to six months' rigorous imprisonment together with fine Rs. 1000/-.2. Learned counsel for the applicant made the following submissions:(a) In this case there has been violation of provision of Section 13(2) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act);(b) that there were three witnesses relating to the eye account out of which the two witnesses did not support the prosecution case but only one witness K.N. Pandey, the Food Inspector, supported the case and according to him he was interested witness.(c) Learned counsel submitted that as required under Rul...
V.N. Pandey and anr. Vs. Bisesar Kumhar and ors.
Court: Madhya Pradesh
Decided on: Jan-19-1999
Reported in: 2000ACJ1543
A.K. Mathur, C.J. 1. This is an appeal directed against the award dated 23.10.92 passed by the learned Claims Tribunal in Claim Case No. 110 of 1991 whereby the learned Tribunal has awarded a sum of Rs. 40,000 with interest at the rate of 12 per cent per annum from the date of claim petition.2. The brief facts which are necessary for disposal of this appeal are that on 25.11.1990 the deceased Vipul along with his friend Arun Shukla was going to Sector 5, Bhilai on a Bullet motor cycle and when they reached near Bungalow No. 32, the non-claimant No. 1 came on scooter from wrong side and struck against the motor cycle of the deceased as a result of which he fell down and succumbed to the injuries. Therefore, the present claim petition was filed by the father and mother of the deceased.3. The Tribunal after recording necessary evidence came to the conclusion that as a matter of fact, the non-claimant No. 1 was responsible for this accident as he came on scooter from the wrong side and str...
Leelawati and anr. Vs. General Manager, Madhya Pradesh State Road Tran ...
Court: Madhya Pradesh
Decided on: Jan-19-1999
Reported in: 2001ACJ718
A.K. Mathur, C.J.1. This is an appeal directed against the award dated 29.1.92, passed by Motor Accidents Claims Tribunal, Jabalpur, in Motor Accident Claim Case No. 16 of 1989 whereby the Claims Tribunal has awarded a sum of Rs. 37,500 to the appellants as compensation for the death of the deceased Girish Mishra.2. It is alleged that on the fateful day, on 7.5.1981 at 11 p.m. a bus bearing No. CPH 8815 met with an accident between Bargi and Sukri village near Hinauta nala on Nagpur-Allahabad Road and as a result of this accident 3 to 4 passengers died and the remaining passengers received injuries. It is alleged that at the time of accident the respondent No. 3, Parasram was driving the said vehicle which belonged to M.P. State Road Transport Corporation. It was further alleged that the bus was being driven in rash and negligent manner by the driver as a result of which it overturned and deceased Girish Mishra succumbed to the injuries on the spot itself. Therefore, Leelawati, the wif...
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